Bill Text: FL S1470 | 2024 | Regular Session | Comm Sub
Bill Title: Clerks of Court
Spectrum:
Status: (Introduced - Dead) 2024-03-06 - Laid on Table, refer to CS/CS/HB 1077 [S1470 Detail]
Download: Florida-2024-S1470-Comm_Sub.html
Florida Senate - 2024 CS for CS for CS for SB 1470
By the Committee on Appropriations; the Appropriations Committee
on Criminal and Civil Justice; the Committee on Judiciary; and
Senators Hutson, Rouson, Martin, and Hooper
576-03820-24 20241470c3
1 A bill to be entitled
2 An act relating to clerks of court; amending s. 27.52,
3 F.S.; revising the fund into which moneys recovered by
4 certain state attorneys must be deposited; amending s.
5 27.54, F.S.; revising the fund into which certain
6 payments received must be deposited as related to
7 public defenders or criminal conflict and civil
8 regional counsels; amending s. 27.703, F.S.; revising
9 the entity that funds the capital collateral regional
10 counsel; amending s. 28.35, F.S.; revising the list of
11 court-related functions that clerks may fund from
12 filing fees, service charges, court costs, and fines;
13 amending s. 34.041, F.S.; revising the fund into which
14 certain filing fees are to be deposited; amending s.
15 57.082, F.S.; conforming provisions to changes made by
16 the act; amending s. 110.112, F.S.; deleting a
17 provision requiring each state attorney to publish an
18 annual report addressing results of his or her
19 affirmative action program; amending s. 186.003, F.S.;
20 revising the definition of the term “state agency” for
21 certain purposes; amending s. 318.18, F.S.; revising
22 the distribution of certain administrative fees;
23 creating s. 322.76, F.S.; creating the Clerk of the
24 Court Driver License Reinstatement Pilot Program;
25 authorizing the clerk of the circuit court for Miami
26 Dade County to reinstate or provide an affidavit to
27 the department to reinstate certain suspended driver
28 licenses; establishing requirements for the clerk
29 under the program to be performed by a date certain;
30 providing for expiration of the program; amending s.
31 501.2101, F.S.; revising the funds into which certain
32 moneys received by state attorneys must be deposited;
33 providing an effective date.
34
35 Be It Enacted by the Legislature of the State of Florida:
36
37 Section 1. Paragraph (b) of subsection (7) of section
38 27.52, Florida Statutes, is amended to read:
39 27.52 Determination of indigent status.—
40 (7) FINANCIAL DISCREPANCIES; FRAUD; FALSE INFORMATION.—
41 (b) If the court has reason to believe that any applicant,
42 through fraud or misrepresentation, was improperly determined to
43 be indigent or indigent for costs, the matter shall be referred
44 to the state attorney. Twenty-five percent of any amount
45 recovered by the state attorney as reasonable value of the
46 services rendered, including fees, charges, and costs paid by
47 the state on the person’s behalf, shall be remitted to the
48 Department of Revenue for deposit into the Grants and Donations
49 Trust Fund of the applicable state attorney within the Justice
50 Administrative Commission. Seventy-five percent of any amount
51 recovered shall be remitted to the Department of Revenue for
52 deposit into the General Revenue Fund.
53 Section 2. Paragraph (c) of subsection (2) of section
54 27.54, Florida Statutes, is amended to read:
55 27.54 Limitation on payment of expenditures other than by
56 the state.—
57 (2) A county or municipality may contract with, or
58 appropriate or contribute funds to, the operation of the offices
59 of the various public defenders and regional counsels counsel as
60 provided in this subsection. A public defender or regional
61 counsel defending violations of special laws or county or
62 municipal ordinances punishable by incarceration and not
63 ancillary to a state charge shall contract with counties and
64 municipalities to recover the full cost of services rendered on
65 an hourly basis or reimburse the state for the full cost of
66 assigning one or more full-time equivalent attorney positions to
67 work on behalf of the county or municipality. Notwithstanding
68 any other provision of law, in the case of a county with a
69 population of less than 75,000, the public defender or regional
70 counsel shall contract for full reimbursement, or for
71 reimbursement as the parties otherwise agree. In local ordinance
72 violation cases, the county or municipality shall pay for due
73 process services that are approved by the court, including
74 deposition costs, deposition transcript costs, investigative
75 costs, witness fees, expert witness costs, and interpreter
76 costs. The person charged with the violation shall be assessed a
77 fee for the services of a public defender or regional counsel
78 and other costs and fees paid by the county or municipality,
79 which assessed fee may be reduced to a lien, in all instances in
80 which the person enters a plea of guilty or no contest or is
81 found to be in violation or guilty of any count or lesser
82 included offense of the charge or companion case charges,
83 regardless of adjudication. The court shall determine the amount
84 of the obligation. The county or municipality may recover
85 assessed fees through collections court or as otherwise
86 permitted by law, and any fees recovered pursuant to this
87 section shall be forwarded to the applicable county or
88 municipality as reimbursement.
89 (c) Any payments received pursuant to this subsection shall
90 be deposited into the Grants and Donations Trust Fund of within
91 the applicable public defender or criminal conflict and civil
92 regional counsel Justice Administrative Commission for
93 appropriation by the Legislature.
94 Section 3. Subsection (2) of section 27.703, Florida
95 Statutes, is amended to read:
96 27.703 Conflict of interest and substitute counsel.—
97 (2) Appointed counsel shall be paid from funds appropriated
98 to the Justice Administrative Commission Chief Financial
99 Officer. The hourly rate may not exceed $100. However, all
100 appointments of private counsel under this section shall be in
101 accordance with ss. 27.710 and 27.711.
102 Section 4. Paragraph (a) of subsection (3) of section
103 28.35, Florida Statutes, is amended to read:
104 28.35 Florida Clerks of Court Operations Corporation.—
105 (3)(a) The list of court-related functions that clerks may
106 fund from filing fees, service charges, court costs, and fines
107 is limited to those functions expressly authorized by law or
108 court rule. Those functions include the following: case
109 maintenance; records management; court preparation and
110 attendance; processing the assignment, reopening, and
111 reassignment of cases; processing of appeals; collection and
112 distribution of fines, fees, service charges, and court costs;
113 processing of bond forfeiture payments; data collection and
114 reporting; determinations of indigent status; improving court
115 technology; and paying reasonable administrative support costs
116 to enable the clerk of the court to carry out these court
117 related functions.
118 Section 5. Paragraph (d) of subsection (1) of section
119 34.041, Florida Statutes, is amended to read:
120 34.041 Filing fees.—
121 (1)
122 (d) The clerk of court shall collect a service charge of
123 $10 for issuing a summons or an electronic certified copy of a
124 summons, which the clerk shall deposit into the fine and
125 forfeiture fund established pursuant to s. 142.01 remit to the
126 Department of Revenue for deposit into the General Revenue Fund.
127 The clerk shall assess the fee against the party seeking to have
128 the summons issued.
129 Section 6. Paragraph (b) of subsection (7) of section
130 57.082, Florida Statutes, is amended to read:
131 57.082 Determination of civil indigent status.—
132 (7) FINANCIAL DISCREPANCIES; FRAUD; FALSE INFORMATION.—
133 (b) If the court has reason to believe that any applicant,
134 through fraud or misrepresentation, was improperly determined to
135 be indigent, the matter shall be referred to the state attorney.
136 Twenty-five percent of any amount recovered by the state
137 attorney as reasonable value of the services rendered, including
138 fees, charges, and costs paid by the state on the person’s
139 behalf, shall be remitted to the Department of Revenue for
140 deposit into the Grants and Donations Trust Fund of within the
141 applicable state attorney Justice Administrative Commission.
142 Seventy-five percent of any amount recovered shall be remitted
143 to the Department of Revenue for deposit into the General
144 Revenue Fund.
145 Section 7. Paragraph (d) of subsection (4) of section
146 110.112, Florida Statutes, is amended to read:
147 110.112 Affirmative action; equal employment opportunity.—
148 (4) Each state attorney and public defender shall:
149 (d) Report annually to the Justice Administrative
150 Commission on the implementation, continuance, updating, and
151 results of his or her affirmative action program for the
152 previous fiscal year.
153 Section 8. Subsection (6) of section 186.003, Florida
154 Statutes, is amended to read:
155 186.003 Definitions; ss. 186.001-186.031, 186.801-186.901.
156 As used in ss. 186.001-186.031 and 186.801-186.901, the term:
157 (6) “State agency” or “agency” means any official, officer,
158 commission, board, authority, council, committee, or department
159 of the executive branch of state government. For purposes of
160 this chapter, “state agency” or “agency” includes state
161 attorneys, public defenders, the capital collateral regional
162 counsel, the Justice Administrative Commission, and the Public
163 Service Commission.
164 Section 9. Subsection (18) of section 318.18, Florida
165 Statutes, is amended to read:
166 318.18 Amount of penalties.—The penalties required for a
167 noncriminal disposition pursuant to s. 318.14 or a criminal
168 offense listed in s. 318.17 are as follows:
169 (18) In addition to any penalties imposed, an
170 administrative fee of $12.50 must be paid for all noncriminal
171 moving and nonmoving violations under chapters 316, 320, and
172 322. Of this administrative fee, $6.25 must be deposited into
173 the Public Records Modernization Trust Fund and used exclusively
174 for funding court-related technology needs of the clerk, as
175 described in s. 29.008(1)(f)2. and (h), and $6.25 must be
176 deposited into the fine and forfeiture fund established pursuant
177 to s. 142.01 The clerk shall remit the administrative fee to the
178 Department of Revenue for deposit into the General Revenue Fund.
179 Section 10. Section 322.76, Florida Statutes, is created to
180 read:
181 322.76 Miami-Dade County Clerk of Court Driver License
182 Reinstatement Pilot Program.—There is created in Miami-Dade
183 County the Clerk of Court Driver License Reinstatement Pilot
184 Program.
185 (1) As used in this section, the term “clerk” means the
186 clerk of the circuit court for Miami-Dade County.
187 (2) Notwithstanding any other provision to the contrary in
188 this chapter, the clerk may reinstate or provide an affidavit to
189 the department to reinstate a suspended driver license:
190 (a) For a person’s failure to fulfill a court-ordered child
191 support obligation.
192 (b) As a result of the end of suspension because of points,
193 under s. 322.27, notwithstanding hardship license.
194 (c) For failure to comply with any provision of chapter 318
195 or this chapter.
196 (3) Notwithstanding s. 322.29(1), an examination is not
197 required for the reinstatement of a driver license suspended
198 under s. 318.15 or s. 322.245 unless an examination is otherwise
199 required by this chapter. A person applying for the
200 reinstatement of a driver license suspended under s. 318.15 or
201 s. 322.245 must present to the clerk certification from the
202 court that he or she has either complied with all obligations
203 and penalties imposed pursuant to s. 318.15 or with all
204 directives of the court and the requirements of s. 322.245.
205 (4) A nonrefundable service fee must be paid pursuant to s.
206 322.29(2).
207 (5) Before July 1, 2024, the department shall work with the
208 clerk, through its association, to ensure the ability within its
209 technology system for the clerk to reinstate suspended driver
210 licenses under the pilot program, to begin on July 1, 2024.
211 (6) By December 31, 2025, the clerk must submit to the
212 Governor, the President of the Senate, the Speaker of the House
213 of Representatives, and the executive director of the Florida
214 Clerks of Court Operations Corporation a report containing the
215 following information:
216 (a) Number of driver license reinstatements.
217 (b) Amount of fees and costs collected, including the
218 aggregate funds received by the clerk, local governmental
219 entities, and state entities, including the General Revenue
220 Fund.
221 (c) The personnel, operating, and other expenditures
222 incurred by the clerk.
223 (d) Feedback received from the community, if any, in
224 response to the clerk’s participation in the pilot program.
225 (e) Whether the pilot program led to improved timeliness
226 for the reinstatement of driver licenses.
227 (f) The clerk’s recommendation as to whether the pilot
228 program should be extended in Miami-Dade County or to other
229 clerks’ offices.
230 (g) Any other information the clerk deems necessary.
231 (7) This section is repealed on July 1, 2026.
232 Section 11. Subsection (1) of section 501.2101, Florida
233 Statutes, is amended to read:
234 501.2101 Enforcing authorities; moneys received in certain
235 proceedings.—
236 (1) Any moneys received by an enforcing authority for
237 attorney attorney’s fees and costs of investigation or
238 litigation in proceedings brought under the provisions of s.
239 501.207, s. 501.208, or s. 501.211 shall be deposited as
240 received in the Legal Affairs Revolving Trust Fund if the action
241 is brought by the Department of Legal Affairs, and in the Grants
242 and Donations Consumer Frauds Trust Fund of a state attorney the
243 Justice Administrative Commission if the action is brought by
244 the a state attorney.
245 Section 12. This act shall take effect upon becoming a law.
