Item Q09
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: July 15. 2009 - KW Division: County Attorney
Bulk Item: Yes --.X.. No - Staff Contact: Christine Limbert-Barrows #3475
AGENDA ITEM WORDING:
Request for Approval to Advertise a Public hearing to consider adoption of an Ordinance amending
Monroe County Code, Section 10-25 to increase the surcharge in traffic cases from $15 to $30.
ITEM BACKGROUND:
Monroe County passed and adopted Sec. 10-25, Monroe County Code (formerly 2-604) on June 16th,
2004 to allow for the imposition of a surcharge of $15 in traffic cases as a funding source for the
County's state court facilities. The Legislature, pursuant to ch. 2009-204, has granted authority to the
Board of County Commissioners to impose by ordinance a surcharge of up to $30 for any infraction or
violation to fund state court facilities.
PREVIOUS RELEVANT BOCC ACTION:
Ordinance No. 017-2004 was previously enacted providing for the imposition of a $15 surcharge in
traffic cases (codified in MCC 10-25, formerly 2-604)
CONTRACT/AGREEMENT CHANGES:
None
STAFF RECOMMENDATIONS:
Approval
TOTAL COST: N/A INDIRECT COST: N/A BUDGETED: Yes _No
-
-
COST TO COUNTY: N/A SOURCE OF FUNDS:
REVENUE PRODUCING: Yes X No AMOUNT PER MONTH - Year
- -
APPROVED BY: County At~ OMB/Purchasing _ Risk Management _
DOCUMENTATION: Included X Not Required_
DISPOSITION: AGENDA ITEM #
I"
* WITH EDITS *
ORDINANCE NO. -2009
AN ORDINANCE AMENDING MONROE COUNTY CODE
SECTION 10-25, CHAPTER 10, ARTICLE II; PROVIDING
FOR A SURCHARGE OF $30.00 IN NONCRIMINAL
TRAFFIC INFRACTIONS AS DEFINED IN F.S. 318.14 AND
CRIMINAL VIOLATIONS AS LISTED IN F.S. 318.17;
PROVIDING FOR THE REPEAL OF ALL ORDINANCES
INCONSISTENT HER WITH; PROVIDING FOR
lNCORPORATION INTO THE MONROE ..COUNTY CODE
OF O~lNANCES; AND PROVIDING AN EFFECTIVE
DATE.
. .
.,- -- .
. -. .
WHEREAS, Section 318.18(13)(a)(I), Florida Statlltes,gives the.Board.ofCounty
Commissioners of Monroe County, Florida, the authority to impose a surcharge of up to
$30 for any noncriminal traffic infractions asdefilled in section 318.14, Florida Statutes
and criminal violations listed in section 318.17, Florida statutes and; ... .
WHEREAS, the additional fundingist~. beused to fufldstate court facilities; and;
WHEREAS, this legislation requires th~enactl11ent of an ordinance to allow the
imposition of the additional surcharge; and. < .
WHEREAS, the enactil1entoftllis ordinance will increase/the surcharge from $15 to
$30; and
. .' - - ' .
., - ' . .
.-.- .
. .
WHEREAS,the additioliaLfimd.ingis necessaryin<order for the court facilities in
MonroeCountytoll1aintaintheir high level of service to the citizens of this county; and
.' ,." .' ' - :'..
.. .
.... - - -. , "
WHEJ.{EAS, the BoardofCouIltycommissioners of Monroe County finds and declares
that adoption ofthis ordinance is necessary, appropriate, and in the public interest of
citizens ofthiscounty; \i _
NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
SECTION 1. Section 10-25, Chapter 10, Article II, Monroe County Code, Surcharge in
traffic cases., is hereby amended to read as follows:
(a) Pursuant to F.S. 9318.18(13)(a)(1), every person who pays a fine or civil
penalty for any vio lation of a noncriminal traffic infraction, as defined in F. S.
9318.14(1), and every person who pleads guilty or nolo contendere to or is
conficted, regardless of adjudication, ofa criminal violation listed in F.S. 9
318.17, shall be assessed a surcharge of$15.00 $30.00. A noncriminal traffic
infraction is defined inF.S. 9318.14(1).
* WITH EDITS *
SECTION 2. SEVERABILITY. Should any provision of this Ordinance be declared
by a court of competent jurisdiction to be invalid, the same shall not affect the validity of
this Ordinance as whole, or any part thereof, other than the part declared to be invalid. If
this ordinance or any provision thereof shall be held to be inapplicable to any person,
property, or circumstances, such holding shall not affect its applicability to any other
person, property, or circull1stances.
SECTION 3. CONFLICT WITH OTHER ORDINANCES. AU ordinances or part of
ordinances in conflict with tIus Ordinance are hereby repealed to the extent of said
conflict.
SECTION 4. INCLUSION IN THE CODE OF Oill)INANCES. The provisions of
tlus Ordinance shall be included and incorporated inthecode of Ordinances ofthe
County of Monroe, Florida, as an addition or amendnlent thereto, and shall be
appropriately renumbered to confirm to the uniform numbering systenlofthe code.
.'-,' ....
.-' . ."'."
. .
. - "- -,.,'.
SECTION 5. EFFECTIVE DATE. TrusOrdinance shall take effectoD
provided that this Ordinance shall be filedwiih the Department of State as
provided in section 125.66(2), Florida Statutes.
. - " . -'.
, "," -. ,
"..',"-.',. ".'
PASSED AND ADOPTED by the BoardofGO~lnty Comll11ssi()ners of Monroe County,
Florida, at a regular meeting of said Board held 011 the _ day of 2009.
Mayor George Neugent
Mayor Prol'em Sylvia Murphy
Commissioner Heather Carruthers
Commissioner Mario DiGennaro
.conilJ1iSSiOJ1~f.~iJ1i}"igin!it()ni ..
(SEAL) <i. ................... BOARD OF COUNTY COMMISSIONERS
Attest DANNY L. KOLIIAGE, CLERK OF MONROE COUNTY, FLORIDA
By: By: -
Deputy Clerk Mayor/Chairperson
..
* CLEAN COpy *
ORDINANCE NO. -2009
AN ORDINANCE AMENDING MONROE COUNTY CODE
SECTION 10-25, CHAPTER 10, ARTICLE II; PROVIDING
FOR A SURCHARGE OF $30.00 IN NONCRIMINAL
TRAFFIC INFRACTIONS AS DEFINED IN F.S. 318.14 AND
CRIMINAL VIOLATIONS AS LISTED IN F.S. 318.17;
PROVIDING FOR THE REPEAL OF ALL ORDINANCES
INCONSISTENT HERWITH; PROVIDING FOR
INCORPORATION INTO THE MONROE COUNTY CODE
OF ORDINANCES; AND PROVIDING AN EFFECTIVE
DATE.
.... . .
. " .
. . .
. --.,' -...
.- -" ,.
., ...
WHEREAS, Section 318. 18(13)(a)(1), Florida Stafutes,gives the BOard of County
Commissioners of Monroe County, Florida, the authority to impose a surcharge of up to
$30 for any noncriminal traffic infractions asdefmed in se~tion 318.14, Florida Statutes
and criminal violations listed in section 318.17, Fl6sida Statutes and; .
WHEREAS, the additional fundingistobeused to ful1.dsta~ecourt facilities; and;
WHEREAS, this legislation requires the enactlllent of an ordinance to allow the
imposition of the additional surcharge; and
. " .
.' .' ' - -" '.. . .
. .
. - - ,., .- .
. . - . - . - -. . , . '-' ..
. . '.. - .
WHEREAS, the enadillelltofthis ordinancevvill increase the surcharge from $15 to
$30; and ... . ...
, ' ,- - . '. .
.,'.," ',.
. '.' . -. ..
.. ," -.
WHEREAS,the additi()rialiUnding is necessary)norder for the court facilities in
Monr~e COUritytc>,,!"ci~tai n(ll";irhigh Jeyej?f service to the citizens of this county; and
WHEREAS, the BoardofCount)'Com1llissioners of Monroe County finds and declares
that adoption oftllis ordinance is necessary, appropriate, and in the public interest of
citizens of this county; _
NOW THEREF()RE BE IT ORDAINED BY THE BOARD OF COUNTY
COMlVIISSIONERS. OF MONROE COUNTY, FLORIDA:
SECTION 1. Section 10-25, Chapter 10, Article II, Monroe County Code, Surcharge in
traffic cases., is hereby amended to read as follows:
(a) Pursuant to F.S. S318.18(13)(a)(1), every person who pays a fine or civil
penalty for any violation of a noncriminal traffic infraction, as defined in F.S.
S 318.14(1), and every person who pleads guilty or nolo contendere to or is
convicted, regardless of adjudication, of a criminal violation listed in F.S. S
, ..
318.17, shall be assessed a surcharge of$30.00. A noncriminal traffic
infraction is defined in F.S. S 318.14(1).
* CLEAN COPY *
SECTION 2. SEVERABILITY. Should any provision ofthis Ordinance be declared
by a court of competent jurisdiction to be invalid, the same shall not affect the validity of
this Ordinance as whole, or any part thereof, other than the part declared to be invalid. If
this ordinance or any provision thereof shall be held to be inapplicable to any person,
property, or circumstances, such holding shall not affect its applicability to any other
person, propelty, or circumstances.
SECTION 3. CONFLICT WITH OTHER ORDINANCES. All ordinances or part of
ordinances in conflict with this Ordinance are hereby repealedto~he extent of said
conflict.
. " .
SECTION 4. INCLUSION IN THE CODE OF ORJ)INANGJ!:S, The provisions of
this Ordinance shall be included and incorporated inthe..code ofOrdi~ances of the
County of Monroe, Florida, as an addition or amefldnient thereto, arid shall be
appropriately renumbered to confirm to the u~form numbering system of tIle code.
SECTION 5. EFFECTIVE DATE. This Ordinance shall take effedon
provided that this Ordinance shall be flledwitl1 the Department()f State as
provided in section 125.66(2), Florida Statutes.
PASSED AND ADOPTED by the BoardofCol1nty Commissioners of Monroe County,
Florida, at a regular meeting of said Board he1dOnthe dayi()f 2009.
Mayor George Nellgent
Mayor ProJe.~l1 SylvhrIvlurphy
COl11mi SSiOnel~ Heather Carmthers
Commissioner Mario DiGennaro
",',,',-. -.:,--'--'," .',':-,--,--,. ,-'...
(;ol11fllissioner KimWigil1gtoo......
(SEAL) ............ ........... BOARD OF COUNTY COMMISSIONERS
Attest:DANNY L. KOLHAGE, CLERK OF MONROE COUNTY, FLORIDA
By: By: -
Mayor/Chairperson
4
ORDINANCE NO. 017-2004
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA,
DEClARING THAT AN EMERGENCY EXISTS AND WAMNG
NOTICE BY A FOUR-FIFTHS VOTE; AMENDING THE
MONROE COUNTY CODe BY ADDING A SECTION TO
ORDINANCE BY THE BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY AMENDING THE MONROE COUNTY
CODe BY ADDING A SECTION TO CHAPTER 2, ART. XXVI,
TO BE NUMBERED SECTION 2104; PROVIDING fOR
IMPOSmON OF A SURCHARGE ON CERTAIN TRAFFIC
VIOLATIONS; PROVIDING FOR ALLOCATION OF FUNDS
RECEWEDFROM THE SURCHARGE TO FUND STATE COURT
FACILmeS; PROVIDING FOR REPEALER, SEYERABIUTY,
INCLUSION IN THE MONROE COUNTY CODE,
MODIFICATIONS THAT MAY ARISE FROM CONSIDERAnON
AT PUBLIC HEARING; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, on November 3, 1998. the voters of Florida adopted Revision 7 to the
Florida Constitution to amend Article V of the Constitution in order to address the problem of
disparate court funding throughout the separate counties of the State; and
WHEREAS, during the 2003 session of the State Legislature, the Legislature amended
various provisions of the Florida Statutes in order to comply with the requirements of Revision 7;
and
WHEREAS, during the 2004 legislative session, the Legislature enacted further
amendments to the Florida Statutes in order to provide a more equitable distribution of
responsibility for funding the court system; and
WHEREAS, these 2004 Amendments are found in Chapter 2004-265, Laws of Florida; -
and
WHEREAS, Chapter 2004-265 amended Section 318.18, Florida Statutes, to provide a
suppjemental funding source through imposition of a surcharge; and
WHEREAS, Section 318.18 allows each county to adopt a county ordinance assessing a
surcharge not to exceed Fifteen Dollars ($15.00) for any non-criminal traffic violation and
criminal traffic violations listed in section 318.17,Aorida Statutes; and
{
.,
WHEREAS, the additional funding must be used to fund State court facilities; and
WHEREAS, the legislation allowing this additional surcharge requires that the Board of
County Commissioners enact an ordinance incorporating this surcharge; and
WHEREAS, these additional funds are necessary in order for the courts in this County to
maintain their high level of service to the Monroe County community; and
VVHEREAS, the surcharge may take effect on July 1. 2004 provided an ordinance has
been adopted and is in effed on or before July 1, 2004; and
WHEREAS, the Governor signed Chapter 2004-265, Laws of ROOda, on May 28, 2004;
and
WHEREAS, the County Commission will not meet again until after July 1, 2004, with the
result that the surcharge would not be in place on July 1, 2004 and would result in revenue that
otherwise would be available to be irretrievably lost; and
WHEREAS, time is of the essence adopting an ordinance imposing the $15 surcharge;
and WHEREAS, the Board of County Commissioners of Monroe County hereby finds and
declares that adoption of this ordinance is necessary, appropriate. and in the public interest of
citizens of this community; now therefore:
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA that:
Section 1. An emergency is hereby declared and notice waived by a four-fifths vote.
Section 2. Section 2-604 is hereby created and shall read as follows: -
Section 2-4504. Surchame in Traffic Cases.
(a) Pursuant to Section 318. 18(13)(a), Rorida Statutes, every person who
pays a fine or civil penalty for any violation of a non-criminal traffic infraction, as defined in
section 318.14(1), Florida StaMes and every person who pleads guilty or nolo contendere to or
is convicted. regardless of adjudication, of a criminal violation listed in section 318.17, shall be
~
2
assessed a surcharge of Fifteen Dollars ($15.00). A non-criminal traffic infraction is defined in
Section 318.14(1), Florida Statutes.
(b) The court shall order payment of this additional court costs in all matters
subject to this Ordinance and the Clerk of Court shan add this surcharge to all payments of fines
or civil penalties for any violation of a non-criminal traffic infraction.
(c) The funds collected pursuant to this ordinance shall be used to fund state
court facilities. Funds collected pursuant to this ordinance shall be expended in accordance
with the direction of the Board of County Commissioners.
Section 3. Repealer.
Any and all ordinances in conflict herewith are hereby repealed to the extent of any
conflict.
Section 4- Severability.
It is declared to be the intent of the Board of County Commissioners of Monroe County,
Florida, that if any section, subsection, sentence, clause, or provision of this Ordinance is held
invalid, the remainder of the Ordinance shall be construed as not having contained said section,
subsection, sentence, clause. or provision, and shall not be affected by such holding.
Section 5. Inclusion into the Code of Ordinances.
It is the intent of the Board of County Commissioners that the provisions of this
ordinance shall become and be made part of the Monroe County Code of Ordinances and that
the sections of this ordinance may be renumbered or relettered or appropriately numbered to -
conform to the uniform numbering system of the Monroe County Code.
Section 6. Modification.
It is the intent of the Board of County Commissioners that the provisions of this
ordinance may be modified as a result of considerations that may arise during public hearings.
Such modifications shall be incorporated into the final version of the ordinance adopted by the
Board and filed by the Clerk to the Board pursuant to Section 6.
t
3
Section 7. Effective Date.
A certified copy of this Ordinance shall be filed with the Department of State by the Clerk
to the Board within ten (10) days after adoption of this Ordinance, and this Ordinance shall take
effect on July 1, 2004.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of said Board held on the 16'" day of June, 2004.
Mayor Nelson Yes
Mayor Pro Tem Rice Yes
Commissioner MCCoy Yes
C.orr,missioner Neugent Yej:;
'.C~mniissioner Spehar Yes
,. '- ",
(S~). .' ; BOARD OF COUNTY COMMISSIONERS
Attest:DANN'(L.KOLHAGE, Clerk OF MONROE COUNTY, FLORIDA
lJ.~ By ~ (~
De Clerk M r{Chairperson
APPROVED AS TO LEGAL FORM
OFFICE OF THE MONROE COUNTY ATTORNEY
BY:
JordCourt-tratrlC$
r-..:.
:x as"'"
QC.zo. _
:z )> ·
;:g :r c- /TJ
c>f?~. c: 0
"':x' r ;z
n' r - ."
on' CJ) 0
c:-~ :0
:z?Jc:;
-fn, ~ :tI
:<:-f:J: ",
." )> CD ('"")
".. C") -- 0
,. rT\ U1 :::0
. (If C
I,
4
CHAPTER 2009-204
Committee Substitute for
Committee Substitute for Senate Bill No. 2108
An act relating to the clerks of court; amending s. 28.241, F.8.; redi-
recting a portion of certain civil filing fees to the Clerks of the Court
Trust Fund within the Justice Administrative Commission; revising
a requirement that a portion of such fees be deposited into the
Department of Financial Services Administrative Trust Fund for a
specified purpose; eliminating a requirement that a portion of such
fees be deposited into the Clerks of the Court Trust Fund; conform-
ing terminology to changes made by the act; amending s. 28.246,
F.8.; conforming terminology to changes made by the act; requiring
the clerk to refer certain unpaid accounts to a private attorney or a
collection agent; amending s. 28.35, F.S.; providing for the Florida
Clerks of Court Operations Corporation to be administratively
housed within the Justice Administrative Commission; providing
that the corporation is not subject to control, supervision, or direc-
tion by the commission; requiring employees of the corporation to be
governed by the classification, salary, and benefits plan of the com-
mission in a separate chapter; providing for legislative designees to
the corporation's executive council; requiring the Chief Justice ofthe
Supreme Court to designate a member of the corporation's executive
council to represent the state courts system; deleting provisions
exempting the corporation from ch. 287, F.8., relating to procure-
ment, and from ch. 120, F.S., relating to administrative procedures;
revising the duties ofthe corporation; requiring that the corporation
develop 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 ofthe
proposed budget for each clerk; providing for the clerks of court to
be funded pursuant to state appropriations rather than from filing
fees, service charges, court costs, and fines; providing for the corpo-
ration to be funded pursuant to the General Appropriations Act
rather than a contract with the Chief Financial Officer; requiring
the corporation to submit a legislative budget request; revising re-
quirements for the audits of clerks of court; amending s. 28.36, FB.;
providing a procedure for the clerks of court to prepare budget re-
quests for submission to the Florida Clerks of Court Operations -
Corporation, 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 the
proposed budget for a clerk; requiring that a clerk increase fees and
service charges to resolve a deficit; requiring the corporation to com-
pare a clerk's expenditures and costs with the clerk's peer group and
for the clerk to submit documentation justifying higher expendi-
tures; requiring that the corporation and the Chief Financial Officer
review the clerks' budget requests and make recommendations to
the Legislature; authorizing the Chief Financial Officer to conduct,
1
C6DING: Words E;trickcHl are deletions; words underlined are additions.
Ch. 2009-204 LAWS OF FLORIDA Ch. 2009-204
and the Chief Justice of the Supreme Court to request, an audit of
the corporation or a clerk of court; providing for the Legislature to
make appropriations for the budgets ofthe clerks; requiring that the
corporation release appropriations; specifying criteria for such re-
lease; deleting obsolete provisions; deleting provisions authorizing
the Legislative Budget Commission to approve budgets; amending
s. 28.37, F.S.; clarifying the requirement for depositing court-related
fines, fees, service charges, and costs into the Clerks of the Court
Trust Fund within the Justice Administrative Commission; requir-
ing that a specified percentage of all court-related fines coIlected by
the clerk be deposited into the clerk's Public Records Modernization
Trust Fund and used exclusively for additional court-related opera-
tional needs and programs; deleting obsolete provisions relating to
the funding of the clerks of court; amending s. 28.43, F.B.; conform-
ing terminology to changes made by the act; amending s. 34.041,
F.B., relating to filing fees; conforming provisions to changes made
by the act; amending s. 43.16, F.S., relating to the duties of the
Justice Administrative Commission; conforming provisions to the
transfer ofthe Florida Clerks of Court Operations Corporation to the
commission; amending s. 43.27, F.B.; requiring that the clerk of
court obtain the consent of the chief judge of the circuit concerning
the clerk's office hours; amending s. 45.035, F.8.; revising the service
charge for certain sales conducted by electronic means; requiring the
service charge to be paid by the winning bidder; amending s.
110.205, F.S.; providing that positions in the Florida Clerks of Court
Operations Corporation are excluded from career service exemption;
amendings. 142.01, F.S.; requiring the deposit of revenues received
in the fine 'and forfeiture funds of the clerks of court into the Clerks
of the Court Trust Fund within the Justice Administrative Commis-
sion; amending s. 197.542, F.B.; adding the costs to conduct an elec-
tronic tax deed sale to certain other costs which must be paid by the
certificate holder; amending s. 213.131, F.S.; conforming terminol-
ogy and provisions to changes made by the act; amending s. 216.011,
F.B.; redefining the term "state agency" for purposes of the fiscal
affairs of the state to include the Florida Clerks of Court Operations
Corporation; amending s. 318.18, F .S.; authorizing certain local gov-
ernments to impose a surcharge on certain infractions or violations
to repay bonds relating to court facilities; requiring a clerk of court
to report the amount of surcharge collections; requiring that the -
clerks of court submit fmancial data to the Executive Office of the
Governor; requiring the Office of Program Policy Analysis and Gov-
ernment Accountability, in consultation with the Chief Financial
Officer and the Auditor General, to provide a report regarding the
operation and relationship of the clerks of court and the courts to the
Legislature by a specified date; providing report requirements; re-
quiring the Technology Review Workgroup to develop a proposed
plan for identifying and recommending options for implementing the
integrated computer system and submit the plan to the Legislature
by a specified date; providing plan requirements; providing specified
restrictions for the purchase of computer software and hardware;
providing an exception; transferring the Clerks of the Court Trust
.. 2
CODING: Words drickon are deletions; words underlined are additions.
Ch. 2009-204 LAWS OF FLORIDA Ch. 2009-204
Fund from the Department of Revenue to the Justice Administrative
Commission; providing a finding that the act fulfills an important
state interest; repealing ss. 25.311, 25.321, 25.331, 25.361, and
25.381, F.s., relating to the distribution and resupply of copies of the
reports of decisions of the Supreme Court and district court of ap-
peals, the declaration that such reports remain the public property
of the state, the authorization of the Supreme Court to obtain state
publications for exchange purposes, and the publication, purchase,
and distribution of the reports of the opinions of the Supreme Court
and the district courts of appeal, respectively; providing an effective
date.
Be It Enacted by the Legislature of the State of Florida:
Section 1. Subsections (1) and (2) of section 28.241, Florida Statutes, are
amended to read:
28.241 Filing fees for trial and appellate procee?ings.-
(l)(a) The party instituting any civil action, suit, or proceeding in the
circuit court shall pay to the clerk of that court a filing fee of up to $295 in
all cases in which there are not more than five defendants and an additional
filing fee of up to $2.50 for each defendant in excess of five. Of the first $85
in 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 be
remitted to the Department of Revenue for deposit into the Clerks of the
Court Trust Fund within the Justice Administrative Commission and used
Department of Fin:mcial Services' Administrative Trust Fund to fund the
contract v.'ith the Florida Clerks of Court Operations Corporation created in
s. 28.35. and $1.50 shall be remitted to the Department of Revenue for
deposit into the Administrative Trust Fund within the Department of Fi-
nancial Services to fund clerk budget reviews conducted by the Department
of Financial Services. The next $15 of the filing fee collected shall be depos-
ited in the state courts' Mediation and Arbitration Trust Fund. One-third
of any filing fees collected by the clerk of the circuit court in excess of $100
shall be remitted to the Department of Revenue for deposit into the Depart
ment ofRovonuo Clerks of the Court Trust Fund within the Justice Adminis-
trative Commission. An additional filing fee of $4 sha11 be paid to the clerk.
The clerk sha11 remit $3.50 to the Department of Revenue for deposit into
the Court Education Trust Fund and shall remit 50 cents to the Department -
of Revenue for deposit into the Clerks ofthe Court Departmont of Fin:mcial
Son-iceo .\<lminiskati',Tc Trust Fund within the Justice Administrative
Commission to fund clerk education. An additional filing fee of up to $18
shall be paid by the party seeking each severance that is granted. The clerk
may impose an additional filing fee of up to $85 for all proceedings of
garnishment, attachment, replevin, and distress. Postal charges incurred by
the clerk of the circuit court in making service by certified or registered mail
on defendants or other parties shall be paid by the party at whose instance
service is made. No additional fees, charges, or costs shall be added to the
filing fees imposed under this section, except as authorized herein or by
general law.
I, 3
CODING: Words etrickon are deletions; words underlined are additions.
Ch. 2009-204 LAWS OF FLORIDA Ch. 2009.204
(b) A party reopening any civil action, suit, or proceeding in the circuit
court shall pay to the clerk of court a filing fee set by the clerk in an amount
not to exceed $50. For purposes of this section, a case is reopened when a
case previously reported as disposed of is resubmitted to a court and in.
cludes petitions for modification of a final judgment of dissolution. A party
is exempt from paying the fee for any of the following:
1. A writ of garnishment;
2. A writ of replevin;
3. A distress writ;
4. A writ of attachment;
5. A motion for rehearing filed within 10 days;
6. A motion for attorney's fees filed within 30 days after entry of a judg-
ment or final order;
7. A motion for dismissal filed after a mediation agreement has been
filed;
8. A disposition of personal property without administration;
9. Any probate case prior to the discharge of a personal representative;
10. Any guardianship pleading prior to discharge;
11. Any mental health pleading;
12. Motions to withdraw by attorneys;
13. Motions exclusively for the enforcement of child support orders;
14. A petition for credit of child support;
15. AN otice of Intent to Relocate and any order issuing as a result of an
uncontested relocation;
16. Stipulations;
17. Responsive pleadings; or -
18. Cases in which there is no initial filing fee.
(c) Any party other than a party described in paragraph (a) who files a
pleading in an original civil action in circuit court for affirmative relief by
cross-claim, counterclaim, or third-party complaint shall pay the clerk of
court a fee of $295. The clerk shall remit the fee to the Department of
Revenue for deposit into the General Revenue Fund.
(d) The clerk of court shall collect a service charge of $10 for issuing a
summons. The clerk shall assess the fee against the party seeking to have
the summons issued.
I. 4
CODING: Words drickcm are deletions; words underlined are additions.
Ch. 2009-204 LAWS OF FLORIDA Ch. 2009-204
(2) Upon the institution of any appellate proceeding from any lower court
to the circuit court of any such county, including appeals filed by a county
or municipality as provided in s. 34.041(5), or from the circuit court to an
appellate court of the state, the clerk shall charge and collect from the party
or parties instituting such appellate proceedings a filing fee not to exceed
$280 for filing a notice of appeal from the county court to the circuit court
and, in addition to the filing fee required under s. 25.241 or s. 35.22, $100
for filing a notice of appeal from the circuit court to the district court of
appeal or to the Supreme Court. If the party is determined to be indigent,
the clerk shall defer payment of the fee. The clerk shall remit the first $80
to the Department of Revenue for deposit into the General Revenue Fund.
Ono third of the fee collected by tho clork in excess of $80 also sha.ll be
remitted to the Department af Reyonue for deposit into the ClorJr..E: of tho
Court Trust Fund.
Section 2. Paragraph (b) of subsection (5) and subsection (6) of section
28.246, Florida Statutes, are amended to read:
28.246 Payment of court-related fees, charges, 'and costs; partial pay-
ments; distribution of funds.-
(5) When receiving partial payment of fees, service charges, court costs,
and fines, clerks shall distribute funds according to the following order of
priority:
(b) That portion of fees, service charges, court costs, and fines which are
required to be retained by the clerk of the court or deposited into the Clerks
of the Court Trust Fund within the Justice Administrative Commission.
To offset processing costs, clerks may impose either a per-month service
charge pursuant to s. 28.24(26)(b) or a one-time administrative processing
service charge at the inception of the payment plan pursuant to s.
28.24(26)(c).
(6) A clerk of court shall may: pursue the collection of any fees, service
charges, fines, court costs, and liens for the payment of attorney's fees and
costs pursuant to s. 938.29 which remain unpaid after:fM 90 days by refer-
ring or mon~, or refer the account to a private attorney who is a member in
good standing of The Florida Bar or collection agent who is registered and
in good standing pursuant to chapter 559. In pursuing the collection of such -
unpaid financial obligations through a private attorney or collection agent,
the clerk of the court must have attempted to collect the unpaid amount
through a collection court, collections docket, or other collections process, if
any, established by the court, find this to be cost-effective and follow any
applicable procurement practices. The collection fee, including any reason-
able attorney's fee, paid to any attorney or collection agent retained by the
clerk may be added to the balance owed in an amount not to exceed 40
percent of the amount owed at the time the account is referred to the
attorney or agent for collection.
Section 3. Section 28.35, Florida Statutes, is amended to read:
.. 5
CODING: Words stricken are deletions; words underlined are additions.
Ch. 2009-204 LAWS OF FLORIDA Ch. 2009-204
28.35 Florida Clerks of Court Operations Corporation.-
(l)(a) The Florida Clerks of Court Operations Corporation is hereby cre-
ated as a public corporation organized to perform the functions specified in
this section and s. 28.36 and shaH be administratively housed within the
Justice Administrative Commission. The corporation shaH be a budget en-
tity within the Justice Administrative Commission. and its employees shall
be considered state employees. The corporation is not subject to controL
supervision. or direction by the Justice Administrative Commission in the
performance of its duties. but the employees of the corporation shall be
governed bv the classification plan and salary and benefits plan of the
Justice Administrative Commission. The classification plan must have a
separate chapter for the corporation. All clerks of the circuit court shall be
members of the corporation and hold their position and authority in an ex
officio capacity. The functions assigned to the corporation shall be performed
by an executive council pursuant to the plan of operation approved by the
members.
(b) The executive council shaH be composed of eight clerks of the court
elected by the clerks of the courts for a term of2 years, with two clerks from
counties with a population of fewer than 100,000, two clerks from counties
with a population of at least 100,000 but fewer than 500,000, two clerks from
counties with a population of at least 500,000 but fewer than 1 million, and
two clerks from counties with a population of more than 1 million. The
executive council shall also include. as ex officio members, a designee of the
President of the Senate and a designee of the Speaker of the House of
Representatives. The Chief Justice of the Supreme Court shall designate
one additional member to represent the state courts system.
(c) The corporation shall be considered a political subdivision of the state
and shaH be exempt from the corporate income tax. The corporation is not
subject to the procurement provisions of chapter 287 and policies and doci
sions of the ~QrpQration relating- to incurring- debt, le':ying- assessments, and
the sale, issuance, continu3:tion, terms, and claims under corporation poli
cies, and all soryi~os relating- thereto, are not subje~t to the provisions of
chapter 120.
(d) The functions assigned to the corporation under this section and ss.
28.36 and 28.37 are considered to be for a valid public purpose.
(2) The duties of the corporation shall include the following: -
(a) Adopting a plan of operation.
(b) Conducting the election of directors as required in paragraph (l)(a).
(c) Recommending to the Legislature changes in the various court-
related fines, fees, service charges, and court costs established by law t&
ensure reasonable, and adnquate funding- of the clerks of the court in the
performance of their court related functions.
(d) Pursuant to contra~t with tho Chief Finandal Officer, establishing- a
process for the review and eertification of proposed court related budg-ets
.. 6
CODING: Words etriskcn are deletions; words underlined are additions.
Ch. 2009-204 LAWS OF FLORIDA Ch. 2009-204
mbmiUGd by clerks of the court f.or completones&: and compliance with this
section and ss. 28.36 and 28.37. This process shall be designed and ho of
sufficient detail to pormit independent verification and validation of the
budget certification. Tho contract shan specify the process to be used in
determining- complianco by the corporation with this soc1;ion and ss. 28.36
and 28.37.
@W Developing and certifying a uniform system of performance mea-
sures and applicable performance standards for the functions specified in
paragraph (3)(a) and the service unit costs required in s. 28.36 paragraph
t4iW and measures for clerk perfonnance in meeting the perfonnance
standards. These measures and standards shall be designed to facilitate an
objective detennination of the performance of each clerk in accordance with
minimum standards for fiscal management, operational efficiency, and ef-
fective collection of fines, fees, service charges, and court costs. The corpora-
tion shall develop the performance measures and performance standards in
consultation with the Legislature and the Supreme Court. The Legislature
may modify the clerk performance measures and performance standards in
legislation implementing the General Appropriations Act or other law.
When the corporation finds a clerk has not met the performance standards,
the corporation shall identify the nature of each deficiency and any correc-
tive action recommended and taken by the affected clerk of the court. The
corporation shall notify the Legislature and the Supreme Court of any clerk
not meeting performance standards and provide a copy of any corrective
action plans.
(e)41 Reviewing and eortifying proposed budgets submitted by clerks of
the court pursuant to s. 28.36 utilizing the process approved by the Chief
Financial Officer pursuant to paragraph (d} f.or the purpose of making thG
certification in paragraph (3)(a). As part of this process, the corporation
~
1. Calculate the maximum autharizod annual budget pursuant to the
requirements of s. 28.36.
2. Identify thoso proposed budgets exceeding tho maximum annual
budget pursuant to s. 28.36(5) for the standard list of court rolatnd functions
specifind in paragraph (1)(a).
3. Identify thos:e prop08od budgets containing funding f.or itoms: not in
dudod on the standard list of court relatod functions specified in paragraph -
ww.
1. Idontify those clerks projected to haye court related reyonues insuffi
cient to fund thoir anticipated court related expendituros.
ill{g:f Developing and conducting clerk education programs.
{glfh.} Publishing a uniform schedule of actual fees, service charges, and
costs charged by a clerk of the court for court rolated functions pursuant to
general law .
(3)(a) The ClorkE: of C0urt Operations Corporation s:hall certify to the
Progident of the Senate, the Speaker of tho Houge of Representati'les, the
.. 7
CODING: Words striekl3u are deletions; words underlined are additions.
Ch. 2009-204 LAWS OF FLORIDA Ch. 2009-204
Chief Finamial Officer, and tho Department of Rovenue by OctobGr 15 of
each year, the amount of the proposed budbet certified for each clerk; the
revenue projection supporting each clerk's budget; each clerk eligible to
retain some or all of the state's share of fines, fees, service charges, and
costs; the amount to be paid to cach clerk from the Clerks of the Court Trust
Fund within the Department of Revenue; the performance measures and
standards approved by the corporation for each clerk; and tho performance
of each clerk in meoting the performance standards.
(b) Prior to December 1 of each year, the Chief Financial Officcr shall
review the certifications mado by the corporation f.or the purpose of detGr
mining compliance with the approved process and rGport its findings to the
President of the Senate, the Speaker of the House of Representatives and
to thG Department of Revenue. Ta determine compliance with this process,
the Chief Financial Officer may examine thG budgets submitted to the corpo
ration by the clerks.
rnW(a) The list--af court-related functions that clerks may perform are
fund from filing- fees, service charg-es, court costs, and fines shall be limited
to those functions expressly authorized by law or court rule. Those functions
ffill8t include the following: case maintenance; records management; court
preparation and attendance; processing the assignment, reopening, and re-
assignment of cases; processing of appeals; collection and distribution of
fines, fees, service charges, and court costs; processing of bond forfeiture
payments; payment of jurors and witnesses; payment of expenses for meals
or lodging provided to jurors; data collection and reporting; processing of
jurors; determinations of indigent status; and reasonable administrative
support W6t& to enable the clerk of the court to carry out these court-related
functions.
(b) The list--af functions that clerks may not fund from state appropria-
tions filing- foos, service charg-os, court costs, and finos shaH include:
1. Those functions not specified within paragraph (a).
2. Functions assigned by administrative orders which are not required
for the clerk to perform the functions in paragraph (a).
3. Enhanced levels of service which are not required for the clerk to
perform the functions in paragraph (a). -
4. Functions identified as local requirements in law or local optional
programs.
.L4lW The corporation shall prepare a legislative budget request for the
resources necessary to perform its duties, submit the request pursuant to
chapter 216, and be funded as a budget entity in the General Appropriations
Act pursuant to contract with the Chief Finaneial Officer. Funds shall be
pro-deled to the Chief Financial Officer for this purpose as appropriated by
gonorallaw. These funds shaH be Lr:ailable to the corporation for the per
formance of the duties and responsibilities as set forth in this soction. The
corporation may hire staff and pay other expenses from state appropriations
4. 8
CODING: Words ctriekcn are deletions; words underlined are additions.
Ch. 2009-204 LAWS OF FLORIDA Ch. 2009-204
these funds as necessary to perform the official duties and responsibilities
of the corporation as described by law in this section.
illW1(a) The corporation shall submit an annual audited financial state-
ment to the Auditor General in a form and manner prescribed by the Auditor
General. The Auditor General shall conduct an annual audit of the opera-
tions of the corporation, including the use of funds and compliance with the
provisions of this section and 1313. 28.36 and 28.37.
(b) Certified public accountants conducting audits of counties pursuant
to s. 218.39 shall report, as part of the audit, whether or not the clerks of
the courts have complied with the requirements of this section and s. 28.36.
In addition, each clerk of court shall forward a copy of the portion of the
financial audit relating to the court-related duties ofthe clerk of court to the
Supreme Court budgots wrtified by the Florida Clark of Courts Operations
Corporation pursuant to the budget review proeess pursuant to contract
with the Chief Financial Officer and with the performance standards devel
oped and certifiod pursuant to this section. The Auditor General shall de-
velop a compliance supplement for the audit of compliance with the budgets
and applicable performance standards certified by the corporation.
Section 4. Section 28.36, Florida Statutes, is amended to read:
28.36 Budget procedure.-There is horoby established a budget proce-
dure for the preparing budget requests for funding for the court-related
functions of the clerks of the court.
(1) Each clerk of court shall prepare a budget request for the last quarter
of the county fiscal year and the first three Quarters ofthe next county fiscal
year. The proposed budget shall be prepared, summarized. and submitted
by the clerk in each county to the Florida Clerks of Court Operations Corpo-
ration in the manner and form prescribed by the corporation to meet the
requirements of law. Each clerk shall forward a COpy of his or her budget
request to the Supreme Court. The budget requests must be provided to the
corporation by October 1 of each year.
(1) Only those functions on the standard list developed pursuant to s.
28.35{ 1){a) may be funded from feeE, service charges, court costs, and fines
retained by the elorks of tho court. No clerk may use fees, servico chargos,
court eosts, and fines in excess of the ma....-dmum budget amounts as estab
lished in subsection (5). -
(2) For the period July 1, 2001, through September 30, 2001, and for each
county fiscal year ending September 30 thereafter, each clerk of the court
shall prepare a budget relating solely to the performanco ofthe standard list
of court related functions pursuant to s. 28.35( 1)(a).
(3) Each proposed budget oha11 further conform to the follo'lting require
ments:
(a) On or before _A~Ugust 15 f-or oach fiscal year thereafter, the proposed
budget shall be prepared, summarized, and submitted by the clerk in each
county to tho ClorJ.r..s of Court Operations Corporation in tho manner and
.. 9
CODING: Words etriekon are deletions; words underlined are additions.
Ch. 2009-204 LAWS OF FLORIDA Ch. 2009-204
form prescribed by tho corporation. ThG pr0posod budg€t must pro'/idG de
tailed information on the anticipated rC'/enues available and expenditures
necessary for the perfermance of the standard list of court related functions
of the clerk's office developed pursuant to s. 28.35{ 1){a) for tho county fiscal
year beginning the follo\dng October 1.
(b) The proposed budget must DG balanced, such that tho total of the
estimated revenues available must equal or exceed the total of the antici
pated Gxpenditures. ThGSG revenues include the following: cash balances
bl'oug'ht forlmrd from the prior fiscal period; revenue projected to be re
ceiyed from fees, service charges, court costs, and fines for court related
functions during the fiscal period co'tored by the budj;et; and mpplemental
revenue that may be requGsted pursuant to subsection (1). The anticipated
expenditures must be itemized as requirod by the corporation, pureuant to
contract with the Chief Financial Officer.
(c) The proposod budget may indudG a contingency reserve not to Gxceed
10 percent of the total budget, pro,tided that, o'/oraH, the proposed budgct
does net exceed the limits proscribed in subsection (5),
(1) If a clerk of tho court eetimates that available funds plus proj ected
rW/eDues from fines, fees, service charges, and costs for court related ser
vices arc insufficient to meet the anticipated expenditures for the standard
list of court related functions in s. 28.35( 1)(a) perf-ormod by his or hor office,
the derk must report thG revenue deficit to the Clerks of Court Operations
Corporation in tho manncr and form prescribed by the corporation pursuant
to contract'ltith the Chief Financial Officor. ThG corporation shaH verify that
the proposed budget is limited to tho standard liEt of court relatod functions
in s. 28.35{ 1)(a).
(2)W Each clerk shall include in his or her budget request a pro;ection
of the amount of court-related fees. service charges. and any other court-
related clerk fees which will be collected during the proposed budget period.
If the corporation determines verifies that the proposed budget is limited to
the standard list of court-related functions in s. 28.35(3)(a) s. 28.35( 1)(a) and
the projected court-related revenues are less than the proposed budget, the
a rC'tonue deficit is projodod, a clerk seeking to retain re'tenues pursuant
to this subsection shall increase all fees, service charges, and any other
court-related clerk fees and charges to the maximum amounts specified by -
law or the amount necessary to resolve the deficit, whichever is less.
(3) Each clerk shall include in his or her budget request the number of
personnel and the proposed budget for each of the following core services:
(a) Case processing,
(b) Financial processing.
(c) Jury manal2'ement.
Cd) Information and reporting.
..
10
CODING: Words striek8R are deletions; words underlined are additions.
Ch. 2009-204 LAWS OF FLORIDA Ch. 2009-204
CeI?-tral administrative costs shall be allocated among the core-services cate-
gones.
(4) The budget request must identify the service units to be provided
within each core service. The service units shall be developed by the corpora-
tion. in consultation with the Supreme Court, the Chief Financial Officer.
and the appropriation committees of the Senate and the House of Represent-
atives.
(5) The budget request must propose a unit cost for each service unit. The
corporation shall provide a coPY of each clerk's budg-et request to the Su-
preme Court.
(6) The corporation shall review each individual clerk's prior-year ex-
penditures. projected revenue. proposed unit costs. and the proposed budget
for each of the core-services categories. The corporation shall compare each
clerk's prior-year expenditures and unit costs for core services with a peer
group of clerks' offices having a population of a similar size and a similar
number of case filings. If the corporation finds that the expenditures. unit
costs. or proposed budg-et of a clerk are significantly higher than those of
clerks in that clerk's peer group. the corporation shall require the clerk to
submit documentation justifying the difference in each core-services cate-
g-ory. Justification for hig-her expenditures may include. but are not limited
to, collective bargaining agreements. county civil service agreements. and
the number and distribution of courthouses served by the clerk. If the ex-
penditures and unit costs are not iustified. the corporation shan recommend
a reduction in the funding for that core-services category in the budget
request to an amount similar to the peer group of clerks or to an amount that
the corporation determines is iustified.
(7) The corporation shall complete its review and adjustments to the
clerks' budget requests and make its recommendations to the Legislature
and the Supreme Court by December 1 each year.
(S) The Chief Financial Officer shall review the proposed unit costs asso-
ciated with each clerk of court's budget request and make recommendations
to the Legislature. The Chief Financial Officer may conduct any audit of the
corporation or a clerk of court as authorized by law. The Chief Justice of the
Supreme Court may request an audit ofthe corporation or any clerk of court
by the Chief Financial Officer.
-
(9) The Legislature shall appropriate the total amount for the budgets of
the clerks in the General Appropriations Act. The Legislature may reiect or
modify any or all of the unit costs recommended by the corporation. If the
Legislature does not specify the unit costs in the General Appropriations Act
or other law. the unit costs recommended by the corporation shall be the
official unit costs for that budget period.
(10) For the 2009-2010 fiscal year. the corporation shall release appropri-
ations in an amount equal to one-twelfth of each clerk's approved budget
each month. The statewide total appropriation for the 2009-2010 fiscal year
shall be set in the General Appropriations Act. The cOl'poration shall deter-
mine the amount of each clerk of court budget. but the statewide total of
..
11
CODING: Words etrick-on are deletions; words underlined are additions.
Ch. 2009-204 LAWS OF FLORIDA Ch. 2009-204
such amounts may not exceed the amount listed in the General Appropria-
tions Act. Beginning in the 2010-2011 fiscal year. the corporation shall
release appropriations to each clerk quarterly. The amount of the release
shall be based on the prior auarter's performance of service units identified
in the four core services and the established unit costs for each clerk. If, aftor
increasing fees, service charges, and any other court related derk fees and
charG"es to the maximum amounts spodfiod by hl'N, a re'lenuo dofidt is still
projected, the corporation ghall, pursuant to the terms of the contract with
the Chief Financial Officer, certify a reyenue deficit and notify the Depart
ment of RC'lonue that the clerk is authorized to retain rWlenues, in an
amount necessary to fully fund the projected revenue deficit, which he or she
would otherwise be required to romit to the Department of Reyenuo for
deposit into the Department of Revonue Clerks of tho Court Trust Fund
pun"uant to s. 28.37. If a re'lenue dcfieit is projected for that dork after
retaininG" all of the projectod collections from the court related fines, fees,
service charges, and costs, the Department of Reyenue shall cortify the
amount of the reyenue deficit amount to the Executive Office of the Goyer
nor and request release authority f-or funds approI?riated for this purpose
from the Department of Rcvenue Clor1\S oftho Court Trust Fund. Notwith
standing provisions of s. 216.192 related to the release of funds, the Execu
tiye Office of the Governor may approvo the releaso of funds appropriated
to reeoho projocted rovenue deficits in aceordanee with the notice, royie'll,
and objection procedures set forth in s. 216.177 and shall provide notico to
the Chief Financial Officer. The Dopartment of Royenue is diroctod to re
quest monthly distributions from the Chief Financial Officer in oqual
amounts to each clerk certifiod to have a revenue deficit, in accordance 'with
the releases approved by tho Go',-ernor.
(b) If the Chiof Financial Officer finds tho eourt related budget proposed
by a dork includes functions not included in the standard list of court
related functions in s. 28.35( 1)(a), the Chief Financial Officor shall notify the
derk of the amount of the proposed bud!;et not oligible to be funded from
feos, senice charges, costs, and fines for court related functions and shall
identify appropriate corrective measures to cosuro bud!;-ot integrity. The
clork. shall then immodiately discontinuo aU inQligible expendituros of court
related funds for this purpODO and reimburse the ClerkD of the Court TruDt
Fund for any prcviously ineligible expendituros made for non court related
functions, and shall implement any corredi'lo actions identified by the Chiof
Financial Officer.
-
(5)(a) For the county fiscal year October 1, 2004., throu!;h September 30,
2005, tho maximum annual budget amount for the standard list of court
related functions of the clerks of comt in s. 28.35( 1)(a) that may be funded
from fees, service chargos, court costs, and fines rotained by the clerks of the
court shall not exceed:
1. One hundred and three percent of tho clark's estimated expondituroD
for the prior county fiscal year; or
2. Ono hundrod and fi':o percent oHho clork's ostimated expenditures for
the prior county fiscal yoar for those clerks in counties that for calendar
years 1998 2002 experionced an fworaG"e annual increase of at loast 5 per
t
12
CODING: Words driekon are deletions; words underlined are additions.
Ch. 2009-204 LAWS OF FLORIDA Ch. 2009-204
cent in both population and case filings for all case types as n?Jported through
the Summary Reporting Systom usod by the state courts systom.
(b) For the county fiscal year 2005 2006, the maximum budget amount
fOf the standard list of court related functions of the clerks of court in s.
28.35( 4)(a) that may be fund9d from foes, sorvico charges, court 0Osts, and
fines retained by tho clerks of the court shall be the approved budget for
county fiscal year 2001 2005 adjusted by the projected percentage change
in revenue betwoen tho county fiscal years 2001 2005 and 2005 2006.
(c) For the county fiscal years 2006 2007 and thereafter, the maximum
budget amount for tho standard list of court rdated funetions of the clerks
of court in s. 28.35( 4.)(a) that may be funded from foos, service charges, court
costs, and fines retained by tho c1erk8 of tho court shan be establishod by
first rebasing the prior fiscal year budgot to reflect tho actual percentage
change in the prier fiscal yoar royenue and then adjusting tho robasod prior
fiscal year budget by tho projected percentage change in re'mnue far tho
proposed budget year. The robasing calculations and maximum annual
budget calculations shall be as follo-ws:
1. For county fiscal year 2006 2007, the approved budget for cQunty fiscal
year 2001 2005 shall be adjusted for the actual percontag-e chang-e in rovo
nuo bet\voon the Wla 12 month periods ending- June 30, 2005, and June 30,
2006. This result is the rabased budgot for tho county fiscal year 2005 2006.
Then the rabased budg-et for the county fiscal year 2005 2006 shall be ad
justed by the projoctod percentage chang-e in revenue bouNeen tho county
fiscal yo an: 2005 2006 and 20062007. This remit shall be the ma..'dmum
annual budget amount for the standard list of court related functions oftho
derks of court in s. 28.35( 1)(a) that may be funded from foes, service eharg-Ds,
court costs, and fines retained by tho c1e,rJr.s af the court for each clerk for
the county fiscal yoar 2006 2007.
2. For county fiscal year 2007 2008, tho Fobaood bud!;'0t faF county fiscal
year 2005 2006 shall be adjustod f-or the actual porcentag-o chang-a in rove
nue hewleen the 171'10 12 month periods ending June 30, 2006, and June 30,
2007. This rosult is the rebased budget for the county fiscal year 2006 2007.
The rebased budg-ot for county fiscal year 2006 2007 shall be adjusted by the
projocted percentage chang-o in re'lenue bet\'loen the county fiscal yoars
20062007 and 2007 2008. This result shall be, tho maximum annual budgot
amount for the standard list of court rolated functions of the clerks of court -
in s. 28.35( 4.)(a) that may be fundod from fees, seryice chargos, court costs,
and fines retained by the clerks oftho court far county fiscal yoar 2007 2008.
3. For county fiscal yonrs 2008 2009 and theroafter, the maximum
budg-et amaunt for the standard list of court related functions of tho clorks
of court in s. 28.35( 1)(a) that may be funded from feos, seryico chargos, court
costs, and fines retained by tho clerks of the court shall ba calculo.tod 3E: the
rcbased budget [-or the prior county fiscal year adjusted by the projected
percentag-o chango in re'lonues bet'.lleen the prior county fiscal yoar and tho
county fiscal year for which the ma."limum budget amount is being- author
izod. The rcbased budgat for tho prior county fiscal year shan always bo
calculate,d by adjusting- the rabased budg-et for tho ye,ar preceding- the prior
..
13
CODING: Words ctriekon are deletions; words underlined are additions.
Ch. 2009-204 LAWS OF FLORIDA Ch. 2009-204
county fiscal year by the actual percentago change in revenues beb/teen the
12 month period ending June 30 ofthe year preceding the prior county fiscal
year and the 12 month period ending June 30 of the prior county fiscal year.
(6) The Legi8:lati.1Cl Budget Commission may approve increases to the
ma,-umum annual budgets approved for individual clerks of the court pursu
ant to this section for court roluted duties, if either of the follo'lling condi
tions exist:
(a) Tho additional funding is necessary to pay the cost of performing now
or additional functions required by changes in law or court rulo. Bofore the
Logislati're Budget CommisEion may approve an increase in tho maximum
annual budget of any clerk under this paragraph, the Clork gf tho Court
Operations Corporation must provide the Legislative Budgot Commission
with a statement of the impact of the proposed budget changGs on state
revenues, and e'lidence that the respective clerk of the court is meeting or
exceeding the established performance standards for measures on the fiscal
management, operational efficiency, and Gffective collection 0f fines, fees,
service charges, and court costs. .
(b) The additional funding is necessary to pay the cost of supporting
increases in the number of judges or magiatrates authorized by the Legislu
ture. Before the Leginlative Budget Commiaaicm may approve an increase
in the ma,-umum annual budget of any clerk under this paragraph, the Clerk
of tho Court Operations Corporation muat provide the Legislutivc Budget
Commission with a statement of tho impact of the proposed budget changeD
on ntato revenues; evidence that the respoctiyo clerk of the court io meeting
or oxceeding the established porformanco standarda f-()r mcaaurea on tho
fiocal management, operational officioncy, and offocti','e eollection of finoo,
feoa, aorvice eharges, and court costs; and a propoaod ataffing modol, indud
ing tho coat and number of ataff nocessary to support each neT.',' judge or
magistra.to.
The total amount of increases approved by the Legislative Budget CommiE;
sion for each county fiscal year shall not exceed an amount equal to 2 percont
of the maKimum annual budg-ets approved pursuant to this section for an
clerks, in the aggregate, for that same county fiscal year.
e 11 )f'7j The corporation may submit proposed legislation to the Governor, -
the President of the Senate, and the Speaker of the House of Representa-
tives relating to the preparation of budget requests of the clerks of court :ae
later than No,tember 1 in any year fgr approval of clerk budg-et request
amounts excoeding the rostrictions in this section for the following October
-1. If proposed legislation in recommended, the corporation aha11 alao aubmit
supporting- justification 'Nith mfficient detail to identify the specific pro
posed expenditures that would cause the limitations to be exceeded for each
affm:ted clerk and the estimated fiscal impact on state rCTlenues.
Section 5. Section 28.37, Florida Statutes, is amended to read:
28.37 Fines, fees, service charges, and costs remitted to the state.-
..
14
CODING: Words gtriekcn are deletions; words underlined are additions.
Ch. 2009-204 LAWS OF FLORIDA Ch. 2009.204
(1) Pursuant to s. 1Mb), Art. V of the State Constitution, selected sala-
ries, costs, and expenses of the state courts system and court-related func.
tions 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) Except as otherwise provided in ss. 28.241 and 34.041. aU court-
related fines. fees, service charges, and costs are considered state funds and
shall be remitted by the clerk to the Department of Revenue for deposit into
the Clerks of the Court Trust Fund within the Justice Administrative Com-
mission. However, 10 percent of all court-related fines coHected by the clerk
shall be deposited into the clerk's Public Records Modernization Trust Fund
to be used exclusively for additional clerk court-related operational needs
and program enhancements.
(2) Beginning August 1, 2004, except as othef'.dse proT:idod in ss. 28.211
and 31.011, one third of an fines, f{los, service eharges, and costs egllectod
by tho clerks of the court during the prigr month for the performanee of
court related funetians shall be remitted to the Department of ReT.Tenue for
deposit in the Departmcmt of Revenue Clerks onhe Court Trust Fund. These
cglloctians do not include funding- received for the operation Gftho Title IV D
child support collections and disbursement probTam. The clerk of tho court
shall remit the rOT/ennes collected during- the prior month due to tho 8tato
on or beforo tho 20th day of each month. The Department of Reyenue shaH
make a monthly transfer of the funds in the Department of Re\Tenue Clerks
of tho Court Trust Fund that are not needed to resolye clerk of tho court
revenue deficits, as specified in s. 28.36, to the GenClral ROT/enuo Fund.
(3) For the. period of Octobor 1, 2003, to Juno 30, 2001, those clerks
oporating as fee officers for court TC'JlatGd serl'ices shall doterminG thCl
amount of fOGS caHGcted and expenses g-enerated for court rolated services.
~^;ny excess fees g-enerated during- this period shaH be remitted to the county
on December 31, 2001. Howeyor, any billing-s far payment af duo pnlcess
services rendered boforo July 1, 2001, may be paid by the clerk from thGSO
funds. Due pracess SGrviCGS shaH include, but not be limited to, court re
portor seryicos, caurt interpreter services, expert witness sonTices, mental
health oT/aluations, and court appointed counsel soryicos. In addition, any
deficit experienced by the clerk for court Telated sCrI..ices during- the period
from October 1, 2003, to June 30, 2001, shan be funded by the county.
(1) Beginning- January 1, 2005, for tho poriod July 1, 2004., through -
September 30, 2001, and each January 1 thereafter for the preceding- county
fiscal yoar of October 1 through September 30, the clerk of tho court must
remit to the Department of Re'.Tonuo for depo!>it in the General RClvenue
Fund the cumulative excess of an fees, seryice charg-es, court costs, and finos
retained by the derks of the court, plus any funds received by the clerks of
the court from the Department of RoyonuG CIGrk of the Court Trust Fund
undor s. 28.36(1)(a), oyor tho amount needed to meet the approycd bud!;'et
amounts established under s' 28.36.
(5) The Department of Revenue shall collect any fund!> that the corpora
tion determinc!> upon investig-ation were due on January 1 but not romitted
to the department.
I, 15
CODING: Words etriekcn are deletions; words underlined are additions.
Ch. 2009-204 LAWS OF FLORIDA Ch. 2009-204
Section 6. Subsection (1) of section 28.43, Florida Statutes, is amended
to read:
28.43 Adoption ohules relating to ss. 28.35, 28.36, and 28.37.-
(1) The Department of Revenue may adopt rules necessary to carry out
its responsibilities in ss. 28.35, 28.36, and 28.37. The rules shall include
forms and procedures for transferring funds from the clerks of the court to
the Clerks ofthe Court Trust Fund within the Justice Administrative Com-
mission Dopartment of Rovonue.
Section 7. Paragraph (b) of subsection (1) of section 34.041, Florida Stat-
utes, is amended to read:
34.041 Filing fees.-
(1)
(b) The first $80 of the filing fee collected under subparagraph (a)4. shall
be remitted to the Department of Revenue for deposit into the General
Revenue Fund. The next $15 of the filing fee collected under subparagraph
(a)4., and the first $15 of each filing fee collected under subparagraph (a)6.,
shall be deposited in the state courts' Mediation and Arbitration Trust Fund.
One third of any filing fees collected by the clerk undor this sGction in oxcess
of tho first $95 collected under subpara{;Taph {a)1. shall be remitted to the
Department of Revenuo for deposit into the Department of Royenue Clerks
of the Court Trust Fund. An additional filing fee of $4 shall be paid to the
clerk. The clerk shall transfer $3.50 to the Department of Revenue for
deposit into the Court Education Trust Fund and shall transfer 50 cents to
the Department of Revenue for deposit into the Clerks of the Court Depart
ment of Financial Services' ~i!~dministrative Trust Fund within the Justice
Administrative Commission to fund clerk education. Postal charges in-
curred by the clerk of the county court in making service by mail on defend-
ants or other parties shall be paid by the party at whose instance service is
made. Except as provided herein, filing fees and service charges for perform-
ing duties of the clerk relating to the county court shall be as provided in
ss. 28.24 and 28.241. Except as otherwise provided herein, all filing fees
shall be remitted to the Department of Revenue for deposit into the Clerks
of the Court Trust Fund within the Justice Administrative Commission
retained as foo incomo of tho office of the clerk of circuit court. Filing fees
imposed by this section may not be added to any penalty imposed by chapter -
316 or chapter 318.
Section 8. Subsection (5) of section 43.16, Florida Statutes, is amended
to read:
43.16 Justice Administrative Commission; membership, powers and du-
ties.-
(5) The duties of the commission shall include, but not be limited to, the
following:
(a) The maintenance of a central state office for administrative services
and assistance when possible to and on behalf of the state attorneys and
.. 16
CODING: Words driekcn are deletions; words underlined are additions.
Ch. 2009-204 LAWS OF FLORIDA Ch. 2009-204
public defenders of Florida, the capital collateral regional counsel of Florida,
the criminal conflict and civil regional counsel, aE4 the Guardian Ad Litem
Program. and the Florida Clerks of Court Operations Corporation.
(b) Each state attorney, public defender, aE4 criminal conflict and civil
regional counsel, aM. the Guardian Ad Litem Program. and the Florida
Clerks of Court Operations Corporation shall continue to prepare necessary
budgets, vouchers that represent valid claims for reimbursement by the
state for authorized expenses, and other things incidental to the proper
administrative operation of the office, such as revenue transmittals to the
Chief Financial Officer and automated systems plans, but will forward same
to the commission for recording and submission to the proper state officer.
However, when requested by a state attorney, a public defender, a criminal
conflict and civil regional counsel, or the Guardian Ad Litem Program, the
commission will either assist in the preparation of budget requests, voucher
schedules, and other forms and reports or accomplish the entire project
involved.
Section 9. Section 43.27, Florida Statutes, is amended to read:
43.27 Office hours of clerks of court.-With the advice and consent ofthe
chief judge of the circuit. the clerks of the courts of the several counties may
establish the hours during which the office of clerk may be open to the
public. The hours should conform as nearly as possible to the customary
weekday hours of business prevailing in the county. The clerk may prescribe
that the office be open such additional hours as public needs require. The
clerk of court may not close any office of the clerk of court during customary
weekday hours without the consent of the chief judge of the circuit.
Section 10. Subsection (3) of section 45.035, Florida Statutes, as
amended by section 3 of chapter 2009-21, Laws of Florida, is amended to
read:
45.035 Clerk's fees.-In addition to other fees or service charges author-
ized by law, the clerk shall receive service charges related to the judicial
sales procedure set forth in ss. 45.031-45.034 and this section:
(3) If the sale is conducted by electronic means, as provided in s.
45.031{1O), the clerk shall receive an additional a- service charge not to
exceed ef $70 as provided in subsoction (1) for services in conducting or -
contracting for the electronic sale, which service charge shall be assessed as
costs and paid by the winning bidder ohall be advanced by the plaintiff
beforo the salo. If the clerk requires advance electronic deposits to secure the
right to bid, such deposits shall not be subject to the fee under s. 28.24(10).
The portion of an advance deposit from a winning bidder required by s.
45.03H3) shall, upon acceptance of the winning bid, be subject to the fee
under s. 28.24(10).
Section 11. Paragraph (y) of subsection (2) of section 110.205, Florida
Statutes, is amended to read:
110.205 Career service; exemptions.-
.. 17
CODING: Words strieken are deletions; words underlined are additions.
Ch. 2009-204 LAWS OF FLORIDA Ch. 2009-204
(2) EXEMPT POSITIQNS.-The exempt positions that are not covered
by this part include the following:
(y) All officers and employees ofthe Justice Administrative Commission,
Office of the State Attorney, Office of the Public Defender, regional offices
of capital collateral counsel, offices of criminal conflict and civil regional
counsel, and Statewide Guardian Ad Litem Office, including the circuit
guardian ad litem programs and the Florida Clerks of Court Operations
Corporation.
Section 12. Section 142.01, Florida Statutes, is amended to read:
142.01 Fine and forfeiture fund; disposition of revenue; clerk of the cir-
cuit court.-
(1) There shall be established by the clerk of the circuit court in each
county of this state a separate fund to be known as the fine and forfeiture
fund for use by the clerk of the circuit court in performing court-related
functions. The fund shall consist of the following:
WW Fines and penalties pursuant to ss. 28.2402(2), 34.045(2), 316.193,
327.35,327.72, 379.2203(1), and 775.083(1).
(b)(2j That portion of civil penalties directed to this fund pursuant to s.
318.21.
illAA Court costs pursuant to ss. 28.2402(1)(b), 34.045(1)(b),
318.14(10){b), 318.18{1l)(a), 327.73(9)(a) and (11){a), and 938.05(3).
@4} Proceeds from forfeited bail bonds, unclaimed bonds, unclaimed
moneys, or recognizances pursuant to ss. 321.05(4)(a), 379.2203(1), and
903.26(3)(a).
f.illWj Fines and forfeitures pursuant to s. 34.191.
( fl&) All other revenues received by the clerk as revenue authorized by
law to be retained by the clerk.
(2) All revenues received bv the clerk in the fine and forfeiture fund from
court-related fees, fines, costs. and service charges are considered state
funds and shall be remitted monthly to the Department of Revenue for
deposit into the Clerks of the Court Trust Fund within the Justice Adminis- -
trative Commission.
(3) Notwithstanding the provisions of this section, all fines and forfei-
tures arising from operation of the provisions of s. 318.1215 shall be dis-
bursed in accordance with that section.
Section 13. Subsection (4) of section 197.542, Florida Statutes, is
amended to read:
197.542 Sale at public auction.-
(4)(a) A clerk may conduct electronic tax deed sales in lieu of public
outcry. The clerk must comply with the procedures provided in this chapter,
.. 18
CODING: Words Etrickon are deletions; words underlined are additions.
Ch. 2009-204 LAWS OF FLORIDA Ch. 2009-204
except that electronic proxy bidding shall be allowed and the clerk may
require bidders to advance sufficient funds to pay the deposit required by
subsection (2). The clerk shall provide access to the electronic sale by com-
puter terminals open to the public at a designated location. A clerk who
conducts such electronic sales may receive electronic deposits and payments
related to the sale. The portion of an advance deposit from a winning bidder
required by subsection (2) shall, upon acceptance of the winning bid, be
subject to the fee under s. 28.24(10).
(b) Nothing in this subsection shall be construed to restrict or limit the
authority of a charter county from conducting electronic tax deed sales. In
a charter county where the clerk of the circuit court does not conduct all
electronic sales, the charter county shall be permitted to receive electronic
deposits and payments related to sales it conducts, as well as to subject the
winning bidder to a fee, consistent with the schedule in s. 28.24(10),
(c) The costs of electronic tax deed sales shall be added to the charges for
the costs of sale under subsection (1) and paid by the certificateholder when
filing an application for a tax deed.
Section 14. Section 213.131, Florida Statutes, is amended to read:
213.131 Departmont flf Rovenue Clerks of the Court Trust Fund within
the Justice Administrative Commission.-The Department of ReT,Tonuo
Clerks of the Court Trust Fund is created within the Justice Administrative
Commission Department of Revonuo. Funds: roceiyed by the department
froll tho derks of court shall bo croditod to tho trust fund as provided in eh.
2001 122, Laws of Florida, to to used for tho purposes set forth in s:ueh
leGislation.
Section 15. Paragraph (qq) of subsection (1) of section 216.011, Florida
Statutes, is amended to read:
216.011 Definitions.-
(1) For the purpose of fiscal affairs of the state, appropriations acts,
legislative budgets, and approved budgets, each of the following terms has
the meaning indicated:
(qq) "State agency" or "agency" means any official, officer, commission, -
board, authority, council, committee, or department of the executive branch
of state government. For purposes of this chapter and chapter 215, "state
agency" or "agency" includes, but is not limited to, state attorneys, public
defenders, criminal conflict and civil regional counsel, capital collateral re-
gional counsel, the Florida Clerks of Court Operations Corporation. the
Justice Administrative Commission, the Florida Housing Finance Corpora-
tion, and the Florida Public Service Commission. Solely for the purposes of
implementing s. 19(h), Art. III of the State Constitution, the terms "state
agency" or "agency" include the judicial branch.
Section 16. Subsection (13) of section 318.18, Florida Statutes, is
amended to read:
.. 19
CODING: Words t>trickon are deletions; words underlined are additions.
Ch. 2009-204 LAWS OF FLORIDA Ch. 2009-204
318.18 Amount of penalties.-The penalties required for a noncriminal
disposition pursuant to s. 318.14 or a criminal offense listed in s. 318.17 are
as follows:
(13)(a) In addition to any penalties imposed for noncriminal traffic in-
fractions pursuant to this chapter or imposed for criminal violations listed
in s. 318.17, a board of county commissioners or any unit of local government
thatw.!:H4 is consolidated as provided by s. 9, Art. VIII ofthe State Constitu-
tion of 1885, as preserved by s. 6(e), Art. VIII of the Constitution of 1968:
l.W May impose by ordinance a surcharge of up to $30 $.15 for any
infraction or violation to fund state court facilities. The court shall not waive
this surcharge. Up to 25 percent of the revenue from such surcharge may
be used to support local law libraries provided that the county or unit ofIocal
government provides a level of service equal to that provided prior to July
1, 2004, which shall include the continuation of library facilities located in
or near the county courthouse or any annex to the courthouse annoxo!>.
2.(.b:) May. if such board or unit ~ imposed increased fees or service
charges by ordinance under s. 28.2401, s. 28.241, or s. 34.041 for the purpose
of securing payment of the principal and interest on bonds issued by the
county before July 1,2003, to fmance state court facilities, may impose by
ordinance a surcharge for any infraction or violation for the exclusive pur-
pose of securing payment of the principal and interest on bonds issued by
the county before July 1, 2003, to fund state court facilities until the date
of stated maturity. The court shall not waive this surcharge. Such surcharge
may not exceed an amount per violation calculated as the quotient of the
maximum annp.al payment of the principal and interest on the bonds as of
July 1,2003, divided by the number of traffic citations for county fiscal year
2002-2003 certified as paid by the clerk of the court of the county. Such
quotient shall be rounded up to the next highest dollar amount. The bonds
may be refunded only if savings will be realized on payments of debt service
and the refunding bonds are scheduled to mature on the same date or before
the bonds being refunded. Notwithstanding any of the foregoing provisions
of this subparagraph paragraph that limit the use of surcharge revenues, if
the revenues generated as a result of the adoption of this ordinance exceed
the debt service on the bonds, the surplus revenues may be used to pay down
the debt service on the bonds; fund other state-court-facility construction
projects as may be certified by the chief judge as necessary to address
unexpected growth in caseloads, emergency requirements to accommodate -
public access, threats to the safety of the public, judges, staff, and litigants,
or other exigent circumstances; or support local law libraries in or near the
county courthouse or any annex to the courthouse annexes.
3. May impose by ordinance a surcharge for any infraction or violation
for the exclusive purpose of securing pavment of the principal and interest
on bonds issued by the county on or after July 1. 2009, to fund state court
facilities until the stated date of maturity. The court may not waive this
surcharge. The surcharge may not exceed an amount per violation calcu-
lated as the quotient of the maximum annual payment of the principal and
interest on the bonds. divided by the number of traffic citations certified as
paid by the clerk of the court of the county on August 15 of each year. The
~ 20
CODING: Words gtrieken are deletions; words underlined are additions.
Ch. 2009-204 LAWS OF FLORIDA Ch. 2009-204
quotient shall be rounded up to the next highest dollar amount. The bonds
may be refunded if savings are realized on payments of debt service and the
refunding bonds are scheduled to mature on or before the maturity date of
the bonds being- refunded. If the revenues g-enerated as a result of the
adoption of the ordinance exceed the debt service on the bonds, the surplus
revenues may be used to pay the debt service on the bonds; to fund other
state court facility construction projects certified by the chief judge as neces-
sary to address unexpected growth in caseloads, emergency requirements to
accommodate public access, threats to the safety of the public. judges, staff,
and litigants. or other exigent circumstances; or to support local law li-
braries in or near the county courthouse or any annex to the courthouse.
ih2 A county may not impose both of the surcharges authorized under
subparagraphs (a)1.. 2.. and 3. paragraphs (3.) and (b) concurrently. The
clerk of court shall report, no later than 30 days after the end of the quarter,
the amount of funds collected under this subsection during each quarter of
the fiscal year. The clerk shall submit the report, in a format developed by
the Office of State Courts Administrator, to the chief judge of the circuit, the
Governor, the President of the Senate, aB4 the Speaker of the House of
Representatives. and the board of county commissioners.
Section 17. Each clerk of court shall provide financial data concerning his
or her expenditures for court-related duties, including expenditures for
court-related infonnation technology. to the Executive Office of the Gover-
nor for the purposes contained in SB 1796 or similar legislation.
Section 18. (1) By January 15. 2010. the Office of Program Policy Anal-
ysis and Government Accountability, in consultation with the Chief Finan-
cial Officer and the Auditor General. shall provide a report to the President
of the Senate and the Speaker of the House of Representatives regarding the
operation and functions of the clerks of court and the courts. The Office of
Program Policy Analvsis and Government Accountability shall examine who
is perfonning each court-related function. how each function is funded. and
how efficiently these functions are performed. The clerks of court. the Flor-
ida Clerks of Court Operations Corporation, and the state courts system are
directed to coo'[lerate fully with the office and , upon request, provide any and
all information necessary to the review without cost or delay. The report
shall describe in detail the base budget for each ofthe clerks and for the state
courts system and report on the overall efficiency of the current process.
Administrative overhead shall be calculated separately. and any apparent -
means to reduce such overhead shall be explored and included in the report.
The study shall list each court-related function. a recommendation on who
should perform the function. and a recommendation for how to pay for such
function.
(2) The Technology Review Workgroup shan develop a proposed plan for
identifying and recommending options for implementing the integrated
computer system established in s. 29.008( 1)(f)2., Florida Statutes. The plan
shall describe the approaches and processes for evaluating the existing
computer systems and data-sharing- networks of the state courts system and
the clerks of the court; identifying the required business and technical re-
quirements: reliably estimating the cost. work. and change requirements:
4 21
CODING: Words stricken are deletions; words underlined are additions.
Ch. 2009-204 LAWS OF FLORIDA Ch. 2009-204
and examining the use ofthe funds collected under s. 28.24(12)(e), Florida
Statutes. The plan may also address any necessary policy. operational. fis-
cal. or technical changes. including. but not limited to. potential changes to
the distribution and use of funds collected under s. 28.24(12)(e). Florida
Statutes. that may be needed in order to manage. implement. and operate
an integrated computer system. The plan shall be submitted to the Presi-
dent of the Senate and the Speaker ofthe House of Representatives no later
than February 1, 2010. The clerks of court. the Florida Clerks of Court
Operations Corporation. and the state courts system are directed to cooper-
ate fully with the workgroup and provide any and all information necessary
for the completion of the project without cost or delay upon request. The
workgroup shall,work in conjunction with the Auditor General and consider
the results of the plans, studies, and reports of the Office of Program Policy
Analysis and Government Accountability under subsection (1). Until July 1.
2011. a clerk mav not purchase any new software unless a clerk is already
obligated by a contract for new software entered into before May 1,2009. A
clerk may purchase regular and necessary upgrades to existing software if
otherwise budgeted. Until July 1. 2011. a clerk may not purchase any com-
puter hardware unless a clerk is already obligated bv a contract for new
hardware entered into before May 1. 2009. However. a clerk may purchase
hardware necessary to replace broken equipment or necessary to equip new
staff and only if otherwise budgeted. A clerk may apply to the Florida Clerks
of Court Operations Corporation for a limited and specific exception to these
purchasing limits. The corporation shall report all such exceptions to the
President of the Senate and the Speaker of the House of Representatives.
Section 19. The Clerks of the Court Trust Fund within the Department
of Revenue, FLAIR number 73-2-588. is transferred along with all balances
and obligations to the Justice Administrative Commission.
Section 20. The Legislature finds and declares that this act fulfills an
important state interest.
Section 21. Sections 25.311. 25.321. 25.331. 25.361. and 25.381. Florida
Statutes. are repealed.
Section 22. This act shall take effect upon becoming a law.
Approved by the Governor June 18, 2009.
Filed in Office Secretary of State June 18, 2009. -
.. 22
CODING: Words stricken are deletions; words underlined are additions.