This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0977b.JUA
DATE: 4/7/2023
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 18 Y, 0 N Mawn Jones
2) Justice Appropriations Subcommittee Smith Keith
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. 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.
The bill:
Provides for the redirection of specified revenue, averaging $34.8 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 Analysis and
Economic Impact Statement.
The bill provides an effective date of July 1, 2023. STORAGE NAME: h0977b.JUA PAGE: 2
DATE: 4/7/2023
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Background
Clerks of the Circuit Court
The Florida 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 revenues including
judicial proceeding fees,
5
services charges,
6
fines, and court costs that are deposited into the Florida
Clerk of Court Trust Fund (FCC Trust Fund).
7
However, such revenue does not go entirely to the clerks.
Florida law directs the Florida Department of Revenue (DOR) to distribute such revenue amongst the
clerks, municipalities, counties, 51 state trust funds of various statutory functions, 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 while all other funds were allocated to other entities.
9
These revenue sources can also be unstable, resulting in instability in budgeting even where
anticipated expenditures remain stable or actually increase over time.
10
As such, the clerks’ annual
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 April 5, 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 (Mar. 7, 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 April 5, 2023.
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. STORAGE NAME: h0977b.JUA PAGE: 3
DATE: 4/7/2023
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 sources make
the likelihood of continued increases, or at least budget stability, uncertain. 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 Florida 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 execution of court-related functions. The Fine and
Forfeiture 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
The clerks’ reliance on technology has substantially
increased since that time, as that of the State Court System as a whole including mandates and
utilization of 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
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
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 April 5, 2023); Florida Clerks & Comptrollers,10-Year Budget Increase Comparison
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 April 5,
2023).
19
Florida Retirement System, FRS Investment Plan: Summary Plan Description, https://www.myfrs.com/pdf/forms/frs_ip_spd.pdf (last
visited April 5, 2023).
20
Membership Handbook, supra note 18. STORAGE NAME: h0977b.JUA PAGE: 4
DATE: 4/7/2023
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 annual appropriations for required FRS employer contribution
increases, the clerks do not. 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 occasionally must resort to eliminating staff to lower their obligations.
24
Budget Procedures
On or prior to June 1
st
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 in addition to 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 the 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
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: h0977b.JUA PAGE: 5
DATE: 4/7/2023
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. In the event that the clerk collects in excess of the
monthly projection, 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 each 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. Upon
determination, moneys are payed from or collected by the FCC Trust Fund to remedy the imbalance.
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 end of the fiscal year.
35
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 with the clerks providing
service for 146,493 other cases for which filing fees were not authorized.
37
Florida law also exempts from the payment of civil filing fees and charges for the issuance of a
summons of 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
reimbursement, 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
Administrative Commission (JAC). This submittal must then be transmitted to the EOG as part of the
legislative budget request of the JAC.
44
The CCOC submitted their first reimbursement estimate in the
summer of 2022, and JAC included this request in its legislative budget request.
45
33
Bill Analysis, supra note 8.
34
Id.
35
Id.
36
Ss. 394.467, 397.6814, 741.30, 784.046, 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. 02-55, Laws of Fla.
41
S. 741.30, F.S.
42
Bill Analysis, supra note 8.
43
Ch. 22-201, Laws of Fla.
44
S. 40.29, F.S.
45
Id.; Bill Analysis, supra note 8. STORAGE NAME: h0977b.JUA PAGE: 6
DATE: 4/7/2023
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, refrain from providing salary increases or 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 monthly calculation to
a quarterly 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 redistributes funds from specific sources that would otherwise be deposited into the General
Revenue Fund and directs them to be deposited into the Fine and Forfeitures Trust Fund. These
revenue sources include:
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 funding from the General Revenue Fund to the Public Records Modernization
Trust Fund. Those funds representing a portion 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
The bill is estimated to annually redirect on average over the next five years approximately $34.8
million away from the General Revenue Fund and to the funds as specified above.
52
FRS Employer Contributions
The bill creates a mechanism, subject to an annual appropriation, whereby the clerks could fund their
mandatory FRS employer contribution increases. The bill requires the CCOC to develop an annual
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
Revenue Estimating Conference (REC), SB 1130 and HB 977, March 24, 2023,
http://edr.state.fl.us/Content/conferences/revenueimpact/archives/2023/pdf/page284-287.pdf (last visited Apr. 5, 2023). STORAGE NAME: h0977b.JUA PAGE: 7
DATE: 4/7/2023
budget request to submit to the JAC for the estimated funding necessary to support such increases.
The JAC must then submit the requested funding to the EOG as part of its annual legislative budget
request. If an appropriation is granted in response to a legislative budget request, the clerks would no
longer have to pay the amount in its entirety for such contributions out of allotted revenues.
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
Such reimbursements remain
subject to a legislative appropriation.
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
Miscellaneous Provisions
The bill:
Deletes an obsolete provision related to the distribution of specified filing fees remitted to the
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
Bill Analysis, supra note 8.
54
Id. STORAGE NAME: h0977b.JUA PAGE: 8
DATE: 4/7/2023
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
The Revenue Estimating Conference considered the bill on March 24, 2023, and determined it
would have a significant negative fiscal impact on revenues deposited into the state General
Revenue Fund.
55
See Fiscal Comments.
2. Expenditures:
The bill provides a mechanism for the clerks to request funding through the Legislative Budget
Request process for specific purposes. To the extent that the Legislature appropriates additional
funds, there may be an indeterminate fiscal impact to General Revenue expenditures.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
The Revenue Estimating Conference considered the bill on March 24, 2023, and determined it
would have a significant positive fiscal impact on revenues retained by the clerks of the court.
56
See
Fiscal Comments.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.
D. FISCAL COMMENTS:
The bill revises several statutes relating to authorized charges and filing fees which clerks impose when
conducting their daily functions. The redirection of these revenues from the General Revenue Fund to
the clerk’s trust funds results in a significant negative impact to General Revenue Fund receipts and a
significant positive impact to local trust funds. The total impact of funds being redirected in the bill from
the General Revenue Fund to clerks’ local trust funds averages $34.8 million over the next five years.
57
Dissolution of Marriage Petition
When a party petitions for a dissolution of marriage, in addition to filing charges authorized in s. 28.241,
F.S., clerks are authorized to collect and receive a charge of $37.50 which is currently deposited into
the General Revenue Fund.
58
Section 28.101, F.S., is revised to redirect charges relating to the
dissolution of marriage petitions; resulting in an estimated average of $2.5 million in revenue over the
next five years being redirected from the General Revenue Fund to the clerks’ Fine and Forfeiture
Funds.
59
Probate Filing Fees
Section 28.2401, F.S., authorizes clerks to impose a service charge and filing fees in certain probate
matters. The bill revises s. 28.2401, F.S., so that a portion of the service charge and filing fees in
probate matters are redirected from the General Revenue Fund to the clerk’s Fine and Forfeiture
55
REC, supra note 52.
56
Id.
57
Id.
58
S. 28.101(1)(c), F.S.
59
REC, supra note 52. STORAGE NAME: h0977b.JUA PAGE: 9
DATE: 4/7/2023
Funds, resulting in an estimated average of $2.04 million in fees annually over the next five years being
redirected.
60
Filing Fees
Section 28.241, F.S., authorizes foreclosure filings fees when the claim value is more than $50,000 but
less than $250,000, and for claims that are more than $250,000, which are currently deposited into the
General Revenue Fund. Section 34.041, F.S., authorizes a $295 counterclaim filing fee, which is
currently deposited into the General Revenue Fund. The bill revises those distributions so that all of the
counterclaim filing fees are deposited into the clerks’ Fine and Forfeiture Funds, and half of the amount
from foreclosure filings are split between, and deposited in, the General Revenue Fund and the clerks’
Fine and Forfeiture Funds. This results in an estimated average of $12.9 million in fees annually over
the next five years being redirected.
61
Summons Issuance Fees
Section 28.241(1)(d), F.S., authorizes clerks to collect a service charge of $10 for issuing an original
copy, a certified copy, or an electronic copy of a summons, and deposit those collections into the
General Revenue Fund. The bill revises that deposits to the General Revenue Fund from the
aforementioned service charges be redirected to the clerks’ Fine and Forfeiture Funds,
62
with an
estimated average of $12.5 million over the next five years.
63
Penalties for noncriminal disposition
Section 318.18(8)(a), F.S., authorizes additional civil penalties for persons who fail to comply with the
court’s requirements or who fail to pay certain civil penalties within the 30-day period provided for in s.
318.14, F.S.
64
The additional penalties imposed by this section are currently split as follows: $6.50 is
deposited into the General Revenue Fund and $9.50 is deposited into the Highway Safety Operating
Trust Fund. The bill revises the distribution for deposit to redirect $5.00 from the General Revenue
Fund to be deposited into the Public Records Modernization Trust Fund and used exclusively for
funding court-related technology needs of the clerks. This results in an estimated average of $4.9
million in penalties annually over the next five years being redirected.
65
60
Id.
61
Id.
62
Id.
63
Id.
64
S. 318.18(8)(a), F.S.
65
REC, supra note 52. STORAGE NAME: h0977b.JUA PAGE: 10
DATE: 4/7/2023
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.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
None.