This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0977.CJS
DATE: 3/10/2023
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 977 Clerks of Court
SPONSOR(S): Botana and others
TIED BILLS: IDEN./SIM. BILLS: SB 1130
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Civil Justice Subcommittee Mawn Jones
2) Justice Appropriations Subcommittee
3) Judiciary Committee
SUMMARY ANALYSIS
The State Constitution mandates that there be an elected clerk of the circuit court (“clerk”) in each of Florida’s
67 counties to serve as ex officio of the board of county commissioners, auditor, official records recorder, and
custodian of all county funds. As an officer of the court, the clerk serves in a ministerial capacity, and his or her
duties and authority are conferred entirely by law, which duties include the performance of court-related
functions, compliance with court-related technology mandates, and the payment of mandatory Florida
Retirement System (“FRS”) employer contributions.
Much of the funding for the clerks’ annual operating budgets comes from the fines, fees, service charges, and
costs collected by the clerks in connection with judicial proceedings (“revenue”) and submitted into the Florida
Clerk of Court Trust Fund (“FCC Trust Fund”) for distribution. However, such revenue does not go entirely to
the clerks; instead, Florida law directs the Florida Department of Revenue (“DOR”) to distribute such revenue
among the clerks, municipalities, counties, 51 state trust funds with various purposes, and the state’s General
Revenue Fund.
HB 977:
Redirects specified revenue, totaling approximately $31.15 million annually, away from the General
Revenue Fund and to specified trust funds for use by the clerks in performing court-related functions
and complying with court-related technology mandates.
Creates a mechanism whereby the clerks may fund their mandatory FRS employer contribution
increases through a legislative appropriation, if such an appropriation is made.
Changes the remissions period for the submission of budget allocation overages from monthly to
quarterly to address cash flow problems sometimes created by the monthly remittance requirement.
Increases the reimbursement amount the clerks may request for domestic violence injunction petitions
(for which there is no filing fee) from $40 per petition to $60 per petition, subject to a legislative
appropriation.
Authorizes the clerks to request reimbursement for approved civil indigency applications at the rate of
$195 per approved application, subject to a legislative appropriation.
The bill may have a significant fiscal impact on state and local governments. See Fiscal Comments, below.
The bill provides an effective date of July 1, 2023.
STORAGE NAME: h0977.CJS PAGE: 2
DATE: 3/10/2023
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Background
Clerks of the Circuit Court
The State Constitution mandates that there be an elected clerk of the circuit court (“clerk”) in each of
Florida’s 67 counties to serve as ex officio of the board of county commissioners, auditor, official
records recorder, and custodian of all county funds.
1
As an officer of the court, the clerk serves in a
ministerial capacity, and his or her duties and authority are conferred entirely by law.
2
Such duties
include the performance of court-related functions, such as:
Case maintenance;
Records management;
Court preparation and attendance;
Collection and distribution of fines, fees, service charges, and court costs;
Processing case assignment, reopening, reassignment, and appeals;
Processing of bond forfeiture payments;
Data collection and reporting;
Determination of indigent status;
3
and
Paying reasonable administrative costs to enable the clerks to carry out these functions.
4
Funding for Court-Related Functions and FRS Contributions
Much of the funding for the clerks’ annual operating budgets comes from collected judicial proceeding
fees,
5
services charges,
6
fines, and court costs (“revenue”) deposited into the Florida Clerk of Court
Trust Fund (“FCC Trust Fund”).
7
However, such revenue does not go entirely to the clerks; instead,
Florida law directs the Florida Department of Revenue (“DOR”) to distribute such revenue amongst the
clerks, municipalities, counties, 51 state trust funds with various purposes, and the state’s General
Revenue Fund.
8
Consequently, in fiscal year 2021-22, only 54 percent of the collected revenue
remained with the clerks; the other 46 percent was distributed elsewhere.
9
Further, this funding arrangement relies on unstable and, in some instances, declining funding sources,
thereby resulting in occasional budget decreases for the clerks even where anticipated expenditures
1
The clerk of the circuit court is elected by the county’s electors to serve a four-year term. Art. V, s. 16 and Art. VIII, s. 1, Fla. Const.;
Florida Department of State, County Governments, https://dos.myflorida.com/library-archives/research/florida-
information/government/local-resources/fl-counties/ (last visited March 10, 2023).
2
“Ministerial” means acting “in a prescribed manner in obedience to the mandate of legal authority, without the exercise of the person’s
own judgment or discretion as the propriety of the action taken.” The clerk may appoint deputies, for whose acts the clerk is liable,
which deputies have the same power as the clerk, excepting the power to appoint deputies. Ss. 28.06 and 112.312(17), F.S.
3
Florida law exempts an indigent person from paying specified fees, charges, and costs in any judicial proceeding. A person seeking to
be designated indigent must apply to the clerk for a determination of his or her status, which application must meet specified statutory
requirements. A person is considered “indigent” if he or she has an annual income equal to or below 200 percent of the federal poverty
guidelines or is receiving Temporary Assistance for Needy Families-Cash Assistance, poverty-related veterans’ benefits, or
supplemental Social Security income. Ss. 57.081 and 57.082, F.S.
4
S. 28.35(3)(a), F.S.
5
Filing fees which the clerks must charge are generally set out in s. 28.241, F.S. Certain filings for which the clerks may not charge a
filing fee, set out elsewhere in Florida law, include a petition for a protective injunction against domestic, repeat, dating, or sexual
violence. See, e.g., ss. 741.30 and 784.046, F.S.
6
Service charges which the clerks must charge are generally set out in s. 28.24, F.S.
7
Other funding sources include grants and payments remitted by counties for the performance of county-related functions.
8
Florida Court Clerks & Comptrollers, Bill Analysis for HB 977 (2023).
9
Specifically, in FY 2021-22, the clerks collected $803.5 million in revenue, which revenue was distributed as follows: $435.9 million to
the clerks; $143.5 million to the General Revenue Fund; $100.4 million to various state trust funds; $79.8 million to the state courts
system; $25.7 million to the state attorneys; and $18.2 million to the public defenders. Id.; Florida Court Clerks & Comptrollers,
Revenue Distribution Chart (2023) https://cdn.ymaws.com/www.flclerks.com/resource/resmgr/legislative/2023_session/comms/2023-
legpriorities-distribut.pdf (last visited March 10, 2023. STORAGE NAME: h0977.CJS PAGE: 3
DATE: 3/10/2023
remain stable or actually increase over time.
10
Consequently, the clerks’ annual operating budgets
largely decreased between Fiscal Years 2010-11 and 2020-21, resulting in a Fiscal Year 2020-2021
budget that was approximately $41 million less than the budget for Fiscal Year 2010-2011.
11
According
to the clerks, though the budgets for Fiscal Years 2021-22 and 2022-23 did increase to levels
comparable to budgets from ten years ago, the unpredictability of the revenue streams make the
likelihood of continued increases, or at least budget stability, uncertain; further, the clerks indicate that
they currently have a $36.5 million funding gap between their allocated and need-based budgets, with
expenditures expected to increase.
12
Court-Related Functions
The State Constitution mandates that funding for much of the clerks’ court-related functions come from
collected revenue deposited into the FCC Trust Fund.
13
Additionally, each clerk must create a Fine and
Forfeiture Fund for use by the clerk’s office in its performance of court-related functions, which fund
must consist of specified fines, fees, and costs which the clerk is authorized to retain or which are
otherwise directed to the Fund.
14
Court-Related Technology Mandates
The Public Records Modernization Trust Fund (“PRM Trust Fund”) holds funds for use of the clerks to
modernize their public records systems.
15
Funds directed for deposit in the PRM Trust Fund must be
used exclusively for equipment and maintenance of equipment, personnel training, and technical
assistance related to such modernization efforts; however, the funding formula specified in Florida law
has not changed since its initial adoption in 2004.
16
Meanwhile, the reliance of the clerks on technology
has substantially increased since that time, as the state court system modernizes; such modernization
initiatives include mandates for electronic filing; electronic records maintenance and storage; online
access to court records; electronic case management; and the electronic transmission of funds to
DOR.
17
Florida Retirement System Contributions
The Florida Retirement System (“FRS”) offers certain government employees two retirement plan
options, from which they may select one plan to join; these plans are:
A pension plan, for which the benefit received is generally based on the employee’s years of
creditable service at the time of his or her retirement, his or her average final compensation,
and the percentage value he or she received for each year of service.
18
An investment plan, for which payments toward the plan are deposited into an account
established for the employee and the benefit received is the total value of the employee’s
vested account balance at the time of his or her retirement.
19
Membership in the FRS is required for all full-time or part-time employees in a regularly-established
position with a state agency, county government, district school board, state university, or community
10
Traffic citations fines historically made up the bulk of the revenue collected by the clerks, but the issuance of such citations has
declined in recent years. Bill Analysis, supra note 8.
11
Meanwhile, the annual operating budgets for related agencies increased over that same time period. Florida Clerks & Comptrollers,
Florida Clerks’ Unique Budget History,
https://cdn.ymaws.com/www.flclerks.com/resource/resmgr/legislative/2023_session/comms/2023-legpriorities-10yearbud.pdf (last
visited March 10, 2023); Florida Clerks & Comptrollers,10-Year Budget Increase Comparison,
https://cdn.ymaws.com/www.flclerks.com/resource/resmgr/legislative/2023_session/comms/2023-legpriorities-10yearbud.pdf (last
visited March 10, 2023).
12
Id.
13
Selected salaries, costs, and expenses of the state courts system may also be funded from such fees, charges, and costs as
provided by general law. Art. V, s. 14, Fla. Const.
14
S. 142.01, F.S.
15
S. 28.24, F.S.
16
Id.; Bill Analysis, supra note 8.
17
Bill Analysis, supra note 8.
18
Florida Retirement System, Membership Handbook, https://employer.frs.fl.gov/forms/member_handbook.pdf (last visited March 10,
2023).
19
Florida Retirement System, FRS Investment Plan: Summary Plan Description, https://www.myfrs.com/pdf/forms/frs_ip_spd.pdf (last
visited March 10, 2023). STORAGE NAME: h0977.CJS PAGE: 4
DATE: 3/10/2023
college, or with a participating city, independent special district, metropolitan planning organization,
public charter school, or public charter technical career center; this includes the clerks and their
employees who otherwise meet the conditions for FRS participation.
20
Florida law requires each:
Employee participating in the FRS to contribute 3% of his or her pretax salary, beginning with
his or her first paycheck, regardless of which plan he or she chooses.
21
Employer to contribute an amount equal to a percentage of the participating employee’s gross
monthly salary, which percentage is set by the Legislature annually based on the employee’s
membership class.
22
Although state agencies receive appropriations for required FRS employer contribution increases, the
clerks do not; such increases must instead be paid by the clerks out of their portion of the collected
revenue.
23
Consequently, the clerks are often unable to meet their required FRS employer contribution
increases, and thus must occasionally resort to eliminating staff to lower their obligations.
24
Budget Procedures
On or before June 1 of each year, each clerk must prepare, summarize, and submit a proposed budget
to the Florida Clerks of Court Operations Corporation (“CCOC”)
25
in the manner and form prescribed by
the CCOC.
26
The proposed budget must:
Provide detailed information on the anticipated revenues available and expenditures necessary
for the performance of court-related functions for the fiscal year beginning October 1; and
Be balanced such that the total of the estimated revenues available
27
equals or exceeds the
total of the anticipated expenditures.
28
If a clerk estimates that his or her available funds plus projected revenues are insufficient to meet
anticipated expenditures, the clerk must report the revenue deficit to the CCOC.
29
If the CCOC verifies
that a revenue deficit is likely, the CCOC must certify the deficit and notify DOR that the clerk will, as
required by statute, retain collected revenues in an amount necessary to fully fund the projected
revenue deficit, which revenues the clerk would otherwise have to remit to DOR for deposit into the
FCC Trust Fund.
30
If a revenue deficit is still projected for that clerk after retaining revenues as described above, the
CCOC must certify the revenue deficit amount to the Executive Office of the Governor (“EOG”) and
request release authority for additional funds from the FCC Trust Fund.
31
The EOG may approve the
release of such funds and provide notice of such approval to DOR and the Chief Financial Officer
(“CFO”); the DOR must then request monthly distributions from the CFO in equal amounts to each clerk
certified to have a revenue deficit.
32
20
Membership Handbook, supra note 12.
21
Id.
22
Such membership classes include a regular class, available for all members ineligible for membership in any other class; special risk
class, available for law enforcement officers, firefighters, correctional officers, emergency medical technicians, paramedics, and other
qualifying positions; elected officers’ class, available to members holding specified state or local offices; and senior management
service class, available for members holding specified management or judicial branch positions. Id.
23
Bill Analysis, supra note 8.
24
Id.
25
The CCOC is the legislatively-created statewide budget, performance management, and court-related training office for the clerks.
Part of its duties include reviewing and recommending to the Legislature changes in the statutorily-specified amounts of fines, fees,
service charges, and court costs to ensure reasonable and adequate funding for the clerks in their performance of court-related
functions; such recommendations typically focus on redistributing revenue rather than increasing such amounts. Bill Analysis, supra
note 8; S. 28.35, F.S.
26
S. 28.36, F.S.
27
“Estimated revenues available” may include the fines, fees, charges, and costs to be collected by the Clerk in the upcoming fiscal
year and the total of unspent budgeted funds for court-related functions carried forward by the Clerk from the previous county fiscal
year and the portion of the balance of funds remaining in the Clerks of the Court Trust Fund after the transfer of funds to the General
Revenue Fund which has been allocated to the Clerk by the CCOC. Id.
28
Id.
29
Id.
30
Id.
31
Id.
32
Id. STORAGE NAME: h0977.CJS PAGE: 5
DATE: 3/10/2023
Further, once a clerk receives his or her court-related budget allocation for the fiscal year, the total is
divided by 12 to give an estimated monthly budget allocation; where the clerk brings in more than that
1/12
th
amount in a given month, the clerk must submit such additional amount to the FCC Trust Fund
by the 10
th
of the following month.
33
Such revenue is then redistributed to clerks in counties that do not
bring in sufficient revenue to fund their budget allocations.
34
At the end of the fiscal year, the CCOC goes through a “settle-up” process to determine which clerks
submitted more than necessary to or received more than necessary from the FCC Trust Fund, paying
out or requiring payment to remedy the imbalance; however, this process sometimes creates month-to-
month cash-flow problems for clerks who overpaid into the fund, as the funds are not reimbursed until
the fiscal year’s end.
35
For example, a clerk whose office is allocated a court-related budget of $1.2
million for the upcoming fiscal year will receive a 1/12 estimated monthly budget allocation of $100,000.
If the clerk brings in $80,000 a month in revenues in three of the first four months of the fiscal year, but
brings in $120,000 in month three, the clerk must, by the 10
th
day of month four, remit $20,000 to the
FCC Trust Fund to account for the overage in month three, even though the clerk’s revenues fell short
in the other months.
Reimbursements for Certain Filings
Florida law mandates that persons filing certain petitions not be charged filing fees; these petitions
include petitions for a domestic, repeat, sexual, or dating violence injunction; for a stalking injunction;
for an involuntary mental health examination (under what is known as the Baker Act); or for an
involuntary substance abuse assessment and stabilization (under what is known as the Marchman
Act).
36
In Fiscal Year 2021-22, there were 80,256 injunction petitions filed, and the clerks provided
service for 146,493 other cases for which filing fees are not authorized.
37
Florida law also exempts from the payment of civil filing fees and charges for the issuance of a
summons those persons determined to be indigent by the clerks after applying to and receiving
approval from the clerks for such a determination.
38
In Fiscal Year 2021-22, there were approximately
43,236 approved indigency applications.
39
In 2002, the Florida Legislature established a mechanism whereby the clerks could request
reimbursement for domestic violence injunctions issued by the court, subject to a legislative
appropriation.
40
Under this law, a clerk may, on a quarterly basis, submit to the Office of the State
Courts Administrator a certified request for such reimbursement, which will be reimbursed at the rate of
$40 per petition where the legislature appropriates funds for that purpose; from that $40, the clerk must
pay any law enforcement agency serving the injunction a fee of up to $20, if the agency so requests
payment.
41
However, the Legislature has never funded such an appropriation.
42
In 2022, the Florida Legislature established a mechanism whereby the clerks could request
reimbursement for other types of cases for which no filing fees are authorized, including those brought
under the Baker Act and the Marchman Act, at the rate of $40 per case.
43
Under this law, the CCOC
must annually submit the anticipated amount necessary for such reimbursements to the Justice
Administration Commission (“JAC”), who must then transmit the request to the EOG as part of its
33
Bill Analysis, supra note 8.
34
Id.
35
Id.
36
Ss. 394.467, 397.6814, 741.30, 7984.046, and 784.0485, F.S.
37
Bill Analysis, supra note 8.
38
A person is determined to be indigent for purposes of a civil proceeding if his or her income is no more than 200 percent of the
federal poverty guidelines prescribed for his or her household size. However, there is a presumption against indigency if the applicant
owns, or has equity in, any intangible or tangible personal property or real property or an expectancy of an interest in any such property
having a net equity value of $2,500 or more, excluding the value of a person’s homestead one vehicle having a net value not exceeding
$5,000. Ss. 57.081 and 57.082, F.S.
39
Bill Analysis, supra note 8.
40
Ch. 2002-55, Laws of Fla.
41
S. 741.30, F.S.
42
Bill Analysis, supra note 8.
43
Ch. 2022-201, Laws of Fla. STORAGE NAME: h0977.CJS PAGE: 6
DATE: 3/10/2023
legislative budget request.
44
The CCOC submitted their first reimbursement estimate in the summer of
2022, and JAC included this request in its legislative budget request.
45
Effect of Proposed Changes
HB 977 makes several changes to Florida law to close the funding gap between the Clerks’ current
revenues and anticipated expenditures so that they can provide essential court-related functions,
comply with court-related technology mandates, and meet their FRS employer contribution increases
without needing to reduce staffing or hold back on raises and other employee-retention incentives.
Budget Procedures
The bill changes the remissions period for the submission of budget allocation overages to the FCC
Trust Fund from monthly to quarterly and the basis for such submissions from a 1/12 calculation to a
1/4 calculation. This may address the month-to-month cash flow problems created when overage
payments are remitted monthly, as it would allow the clerks to consider shortages in the surrounding
months of the quarter to create a more accurate picture of a clerk’s revenues.
Funding
Court-Related Functions and Technology Functions
The bill directs certain funds away from the General Revenue Fund and to the clerks for use in the
performance of court-related functions and for complying with court-related technology mandates.
Specifically, the bill redistributes away from the General Revenue Fund and to the Fine and Forfeiture
Fund:
The $37.50 filing fee for a petition for dissolution of marriage;
46
The General Revenue Fund’s allotted share of various probate proceeding filing fees;
47
The $295 filing fee for county civil cross-claims, counterclaims, counterpetitions, and third-party
complaints;
48
A portion of the General Revenue Fund’s allotted share of the foreclosure filing fees for claims
valued at over $50,000; and
49
The $10 summons surcharge.
50
The bill also redistributes away from the General Revenue Fund and to the Public Records
Modernization Trust Fund a portion of General Revenue Fund’s allotted share of the $16 civil penalty
for persons issued a traffic citation who fail to comply with a court order or pay other specified
penalties.
51
Based on Fiscal Year 2021-22, the bill is estimated to annually redirect approximately $31.15 million
away from the General Revenue Fund and to the funds as specified above.
52
44
S. 40.29, F.S.
45
Id.; Bill Analysis, supra note 8.
46
This would redirect about $2.3 million per year. Bill Analysis, supra note 8.
47
The portion of the probate filing fees currently allotted to the General Revenue Fund varies depending on the type of filing. This would
redirect about $2 million per year. Id.; S. 28.2401, F.S.
48
This would redirect about $272,252 per year. Bill Analysis, supra note 8.
49
Under current law, $195 of each foreclosure filing fee is directed to the Fine and Forfeiture Fund. The bill would increase the amount
directed to the fund to $545 where the claim is valued at more than $50,000 but less than $250,000 and to $660 where the claim is
valued at $250,000 or more. This would redirect about $10.8 million per year. Id.; S. 28.241, F.S.
50
This would redirect about $11.2 million per year. Bill Analysis, supra note 8.
51
Under current law, DOR receives $6.50 of each such penalty. The bill would reduce this amount to $1.50, redirecting about $4.75
million per year. Under the bill, such funds may be used for providing and updating computer networks, systems, and equipment
necessary for an integrated computer system to support the offices of the clerks and allow them to connect to the state as required for
revenue transmission, performance accountability, case management, data collection, budgeting, and auditing purposes. The funds
may also be used for components of the multiagency criminal justice information system supporting the offices of the clerks in their
performance of court-related functions and for information technology services, hardware, and software needed for the clerks in the
performance of such duties. Ss. 29.008(1)(f)2. and (h), F.S.
52
Bill Analysis, supra note 8. STORAGE NAME: h0977.CJS PAGE: 7
DATE: 3/10/2023
FRS Employer Contributions
The bill creates a mechanism, subject to an annual appropriation, whereby the clerks could fund their
mandatory FRS employer contribution increases, estimated at $3.9 million for Fiscal Year 2021-22.
Specifically, the bill requires the CCOC to develop an annual budget request to submit to the JAC for
the anticipated amount necessary to fund such increases, which JAC must then submit to the EOG as
part of its annual legislative budget request. If an appropriation is granted for such a request, the clerks
would no longer have to pay for such contributions out of allotted revenues; however, the bill does not
direct or make such an appropriation.
Reimbursements for Certain Filings
The bill increases the reimbursement amount the clerks may request for domestic violence injunctions
from $40 per petition to $60 per petition, but maintains the ability of a law enforcement agency serving
the injunction to request up to $20 of such reimbursement; currently, the estimated amount of such
reimbursement for Fiscal Year 2021-22 is $4,630,020 statewide.
53
However, such reimbursements
remain subject to a legislative appropriation, which appropriation is not directed or made by the bill.
The bill also authorizes the clerks to request reimbursement, subject to a legislative appropriation, for
approved civil indigency applications at the rate of $195 per approved application, which is that portion
of the civil filing fee waived for such persons by Florida law; the estimated amount of such
reimbursement for Fiscal Year 2021-22 is $8,431,020 statewide.
54
However, the bill does not direct or
make such an appropriation.
Miscellaneous Provisions
The bill:
Deletes an obsolete provision related to the distribution of specified filing fees remitted to DOR
for deposit into the General Revenue in Fiscal Year 2018-2019.
Provides an effective date of July 1, 2023.
B. SECTION DIRECTORY:
Section 1: Amends s. 28.101, F.S., relating to petitions and records of dissolution of marriage;
additional charges.
Section 2: Amends s. 28.2401, F.S., relating to service charges and filing fees in probate matters.
Section 3: Amends s. 28.241, F.S., relating to filing fees for trial and appellate proceedings.
Section 4: Amends s. 28.35, F.S., relating to Florida Clerks of Court Operations Corporation.
Section 5: Amends s. 28.37, F.S., relating to fines, fees, service charges, and costs remitted to the
state.
Section 6: Amends s. 34.041, F.S., relating to filing fees.
Section 7: Amends s. 40.29, F.S., relating to payment of due-process costs; reimbursement for
petitions and orders.
Section 8: Amends s. 318.18, F.S., relating to amount of penalties.
Section 9: Amends s. 741.30, F.S., relating to domestic violence; injunction; powers and duties of
court and clerk; petition; notice and hearing; temporary injunction; issuance of injunction; statewide
verification system; enforcement; public records exemption.
Section 10: Amends s. 784.046, F.S., relating to action by victim of repeat violence, sexual violence,
or dating violence for protective injunction; dating violence investigations, notice to victims, and
reporting; pretrial release violations; public records exemption.
Section 11: Amends s. 784.0485, F.S., relating to stalking; injunction; powers and duties of court and
clerk; petition; notice and hearing; temporary injunction; issuance of injunction; statewide verification
system; enforcement.
Section 12: Provides an effective date of July 1, 2023.
53
Id.
54
Id. STORAGE NAME: h0977.CJS PAGE: 8
DATE: 3/10/2023
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
See Fiscal Comments.
2. Expenditures:
See Fiscal Comments.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
See Fiscal Comments.
2. Expenditures:
See Fiscal Comments.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
See Fiscal Comments.
D. FISCAL COMMENTS:
The bill will increase revenue to the clerks by an indeterminate annual amount; however, revenues
collected in Fiscal Year 2021-22, which would have been redirected by the bill had it applied to that
fiscal year, totaled approximately $31.15 million statewide. The bill will also reduce revenue to the
General Revenue Fund by a corresponding amount, thereby reducing the State’s working capital
balance. Further, if appropriations are made as approved by the bill, such funds would likely come from
the General Revenue Fund unless the appropriations bill specifically directs otherwise.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not applicable. The bill does not appear to require counties or municipalities to spend funds or take
action requiring the expenditure of funds; reduce the authority that counties or municipalities have to
raise revenues in the aggregate; or reduce the percentage of state tax shared with counties or
municipalities.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
Not applicable.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None. STORAGE NAME: h0977.CJS PAGE: 9
DATE: 3/10/2023
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES