HB 763 2024
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hb0763-00
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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
A bill to be entitled 1
An act relating to funding court technology; amending 2
s. 28.35, F.S.; authorizing clerks of court to fund 3
improvements to court technology from filing fees, 4
service charges, court costs, and fines; amending s. 5
318.18, F.S.; revising the distribution of a civil 6
penalty; providing an effective date. 7
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Be It Enacted by the Legislature of the State of Florida: 9
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Section 1. Paragraph (a) of subsection (3) of section 11
28.35, Florida Statutes, is amended to read: 12
28.35 Florida Clerks of Court Operations Corporation. — 13
(3)(a) The list of court -related functions that clerks may 14
fund from filing fees, service charges, court costs, and fines 15
is limited to those fu nctions expressly authorized by law or 16
court rule. Those functions include the following: case 17
maintenance; records management; court preparation and 18
attendance; processing the assignment, reopening, and 19
reassignment of cases; processing of appeals; collec tion and 20
distribution of fines, fees, service charges, and court costs; 21
processing of bond forfeiture payments; data collection and 22
reporting; determinations of indigent status; improving court 23
technology; and paying reasonable administrative support costs 24
to enable the clerk of the court to carry out these court -25
HB 763 2024
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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
related functions. 26
Section 2. Paragraph (a) of subsection (8) and subsection 27
(18) of section 318.18, Florida Statutes, are amended to read: 28
318.18 Amount of penalties. —The penalties required for a 29
noncriminal disposition pursuant to s. 318.14 or a criminal 30
offense listed in s. 318.17 are as follows: 31
(8)(a) Any person who fails to comply with the court's 32
requirements or who fails to pay the civil penalties specified 33
in this section within the 30-day period provided for in s. 34
318.14 must pay an additional civil penalty of $16, $1.50 $6.50 35
of which must be remitted to the Department of Revenue for 36
deposit in the General Revenue Fund, and $9.50 of which must be 37
remitted to the Department of Reven ue for deposit in the Highway 38
Safety Operating Trust Fund , and $5.00 shall be retained by the 39
clerk to be deposited in the Public Records Modernization Trust 40
Fund and used exclusively for funding court -related technology 41
needs of the clerk as described in s. 29.008(1)(f)2. and (h) . Of 42
this additional civil penalty of $16, $4 is not revenue for 43
purposes of s. 28.36 and may not be used in establishing the 44
budget of the clerk of the court under that section or s. 28.35. 45
The department shall contract with the F lorida Association of 46
Court Clerks, Inc., to design, establish, operate, upgrade, and 47
maintain an automated statewide Uniform Traffic Citation 48
Accounting System to be operated by the clerks of the court 49
which shall include, but not be limited to, the accou nting for 50
HB 763 2024
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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
traffic infractions by type, a record of the disposition of the 51
citations, and an accounting system for the fines assessed and 52
the subsequent fine amounts paid to the clerks of the court. The 53
clerks of the court must provide the information requi red by 54
this chapter to be transmitted to the department by electronic 55
transmission pursuant to the contract. 56
(18) In addition to any penalties imposed, an 57
administrative fee of $12.50 must be paid for all noncriminal 58
moving and nonmoving violations under chapters 316, 320, and 59
322. Of this $12.50 administrative fee, $6.25 must be deposited 60
into the Public Records Modernization Trust Fund and used 61
exclusively for funding court -related technology needs of the 62
clerk, as defined in s. 29.008(1)(f)2. and (h), and $6.25 must 63
be deposited into the fine and forfeiture fund established 64
pursuant to s. 142.01 The clerk shall remit the administrative 65
fee to the Department of Revenue for deposit into the General 66
Revenue Fund. 67
Section 3. This act shall take effect July 1, 2024. 68