Florida 2024 Regular Session

Florida House Bill H0763 Compare Versions

Only one version of the bill is available at this time.
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1010 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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1414 A bill to be entitled 1
1515 An act relating to funding court technology; amending 2
1616 s. 28.35, F.S.; authorizing clerks of court to fund 3
1717 improvements to court technology from filing fees, 4
1818 service charges, court costs, and fines; amending s. 5
1919 318.18, F.S.; revising the distribution of a civil 6
2020 penalty; providing an effective date. 7
2121 8
2222 Be It Enacted by the Legislature of the State of Florida: 9
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2424 Section 1. Paragraph (a) of subsection (3) of section 11
2525 28.35, Florida Statutes, is amended to read: 12
2626 28.35 Florida Clerks of Court Operations Corporation. — 13
2727 (3)(a) The list of court -related functions that clerks may 14
2828 fund from filing fees, service charges, court costs, and fines 15
2929 is limited to those fu nctions expressly authorized by law or 16
3030 court rule. Those functions include the following: case 17
3131 maintenance; records management; court preparation and 18
3232 attendance; processing the assignment, reopening, and 19
3333 reassignment of cases; processing of appeals; collec tion and 20
3434 distribution of fines, fees, service charges, and court costs; 21
3535 processing of bond forfeiture payments; data collection and 22
3636 reporting; determinations of indigent status; improving court 23
3737 technology; and paying reasonable administrative support costs 24
3838 to enable the clerk of the court to carry out these court -25
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4747 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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5151 related functions. 26
5252 Section 2. Paragraph (a) of subsection (8) and subsection 27
5353 (18) of section 318.18, Florida Statutes, are amended to read: 28
5454 318.18 Amount of penalties. —The penalties required for a 29
5555 noncriminal disposition pursuant to s. 318.14 or a criminal 30
5656 offense listed in s. 318.17 are as follows: 31
5757 (8)(a) Any person who fails to comply with the court's 32
5858 requirements or who fails to pay the civil penalties specified 33
5959 in this section within the 30-day period provided for in s. 34
6060 318.14 must pay an additional civil penalty of $16, $1.50 $6.50 35
6161 of which must be remitted to the Department of Revenue for 36
6262 deposit in the General Revenue Fund, and $9.50 of which must be 37
6363 remitted to the Department of Reven ue for deposit in the Highway 38
6464 Safety Operating Trust Fund , and $5.00 shall be retained by the 39
6565 clerk to be deposited in the Public Records Modernization Trust 40
6666 Fund and used exclusively for funding court -related technology 41
6767 needs of the clerk as described in s. 29.008(1)(f)2. and (h) . Of 42
6868 this additional civil penalty of $16, $4 is not revenue for 43
6969 purposes of s. 28.36 and may not be used in establishing the 44
7070 budget of the clerk of the court under that section or s. 28.35. 45
7171 The department shall contract with the F lorida Association of 46
7272 Court Clerks, Inc., to design, establish, operate, upgrade, and 47
7373 maintain an automated statewide Uniform Traffic Citation 48
7474 Accounting System to be operated by the clerks of the court 49
7575 which shall include, but not be limited to, the accou nting for 50
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8484 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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8888 traffic infractions by type, a record of the disposition of the 51
8989 citations, and an accounting system for the fines assessed and 52
9090 the subsequent fine amounts paid to the clerks of the court. The 53
9191 clerks of the court must provide the information requi red by 54
9292 this chapter to be transmitted to the department by electronic 55
9393 transmission pursuant to the contract. 56
9494 (18) In addition to any penalties imposed, an 57
9595 administrative fee of $12.50 must be paid for all noncriminal 58
9696 moving and nonmoving violations under chapters 316, 320, and 59
9797 322. Of this $12.50 administrative fee, $6.25 must be deposited 60
9898 into the Public Records Modernization Trust Fund and used 61
9999 exclusively for funding court -related technology needs of the 62
100100 clerk, as defined in s. 29.008(1)(f)2. and (h), and $6.25 must 63
101101 be deposited into the fine and forfeiture fund established 64
102102 pursuant to s. 142.01 The clerk shall remit the administrative 65
103103 fee to the Department of Revenue for deposit into the General 66
104104 Revenue Fund. 67
105105 Section 3. This act shall take effect July 1, 2024. 68