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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 clerks of court; amending s. 27.52, 2
F.S.; revising the fund into which moneys recovered by 3
certain state attorneys must be remitted; amending s. 4
27.54, F.S.; revising the fund into which certain 5
payments received must be remitted as related to 6
public defenders or regional counsels; amending s. 7
27.703, F.S.; revising the entity that funds the 8
capital collateral regional counsel ; amending s. 9
28.241 F.S.; revising allocation of filing fees for 10
certain trial and appellate proceedings; amending s. 11
28.35, F.S.; providing additional duties of the 12
Florida Clerks of Court Operations Corporation related 13
to budget requests; amending s. 28 .37, F.S.; requiring 14
Florida Clerks of Court Operations Corporation to 15
calculate certain excesses collected from fines, fees, 16
service charges, and costs, annually by a date 17
certain; amending s. 34.041, F.S.; revising the fund 18
into which certain filing fees are to be deposited; 19
amending s. 40.29, F.S.; authorizing the Florida 20
Clerks of Court Operation Corporation to submit 21
requests for reimbursement at a specified rate for 22
petitions related to certain sexual violence offenses; 23
amending 57.082, F.S.; conformi ng provisions to 24
changes made by the act; amending s. 110.112, F.S.; 25
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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
removing a provision requiring each state attorney to 26
publish an annual report addressing results of his or 27
her affirmative action program; amending s. 186.003, 28
F.S.; revising the definit ion of "state agency" for 29
certain purposes; amending s. 318.18, F.S.; revising 30
the distribution of certain civil penalty amounts and 31
administrative fees; creating s. 322.76, F.S.; 32
creating the Clerk of the Court Driver License 33
Reinstatement Pilot Program; authorizing the Clerk of 34
the Circuit Court for Miami -Dade County to reinstate 35
or provide an affidavit to the department to reinstate 36
certain suspended driver licenses; establishing 37
requirements for the clerk under the program to be 38
performed by a date cert ain; providing for expiration 39
of the program; amending s. 501.2101, F.S.; revising 40
the funds into which certain moneys received by state 41
attorneys must be deposited; amending s. 741.30, F.S.; 42
removing a provision authorizing certain clerks of 43
circuit courts to request reimbursement for certain 44
petitions related to domestic violence; amending s. 45
784.046, F.S.; removing a provision authorizing the 46
clerk of circuit court, under specific circumstances, 47
to request reimbursement for certain petitions related 48
to repeat, sexual, or dating violence; amending s. 49
784.0485, F.S.; removing a provision authorizing the 50
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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
clerk of circuit courts, under specific circumstances, 51
to request reimbursement for certain petitions related 52
to stalking; providing an effective date. 53
54
Be It Enacted by the Legislature of the State of Florida: 55
56
Section 1. Paragraph (b) of subsection (7) of section 57
27.52, Florida Statutes is amended to read: 58
27.52 Determination of indigent status. — 59
(7) FINANCIAL DISCREPANCIES; FRAUD; FALSE INFORMA TION.— 60
(b) If the court has reason to believe that any applicant, 61
through fraud or misrepresentation, was improperly determined to 62
be indigent or indigent for costs, the matter shall be referred 63
to the state attorney. Twenty -five percent of any amount 64
recovered by the state attorney as reasonable value of the 65
services rendered, including fees, charges, and costs paid by 66
the state on the person's behalf, shall be remitted to the 67
Department of Revenue for deposit into the Grants and Donations 68
Trust Fund of the applicable state attorney within the Justice 69
Administrative Commission . Seventy-five percent of any amount 70
recovered shall be remitted to the Department of Revenue for 71
deposit into the General Revenue Fund. 72
Section 2. Paragraph (c) of subsection (2) of section 73
27.54, Florida Statutes, is amended to 74
27.54 Limitation on payment of expenditures other than by 75
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the state.— 76
(2) A county or municipality may contract with, or 77
appropriate or contribute funds to, the operation of the offices 78
of the various public defenders and regional counsels counsel as 79
provided in this subsection. A public defender or regional 80
counsel defending violations of special laws or county or 81
municipal ordinances punishable by incarceration and not 82
ancillary to a state charge shal l contract with counties and 83
municipalities to recover the full cost of services rendered on 84
an hourly basis or reimburse the state for the full cost of 85
assigning one or more full -time equivalent attorney positions to 86
work on behalf of the county or munici pality. Notwithstanding 87
any other provision of law, in the case of a county with a 88
population of less than 75,000, the public defender or regional 89
counsel shall contract for full reimbursement, or for 90
reimbursement as the parties otherwise agree. In local ordinance 91
violation cases, the county or municipality shall pay for due 92
process services that are approved by the court, including 93
deposition costs, deposition transcript costs, investigative 94
costs, witness fees, expert witness costs, and interpreter 95
costs. The person charged with the violation shall be assessed a 96
fee for the services of a public defender or regional counsel 97
and other costs and fees paid by the county or municipality, 98
which assessed fee may be reduced to a lien, in all instances in 99
which the person enters a plea of guilty or no contest or is 100
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found to be in violation or guilty of any count or lesser 101
included offense of the charge or companion case charges, 102
regardless of adjudication. The court shall determine the amount 103
of the obligation. The county or municipality may recover 104
assessed fees through collections court or as otherwise 105
permitted by law, and any fees recovered pursuant to this 106
section shall be forwarded to the applicable county or 107
municipality as reimbursement. 108
(c) Any payments received pursuant to this subsection 109
shall be deposited into the Grants and Donations Trust Fund of 110
within the applicable public defender or criminal conflict and 111
civil regional counsel Justice Administrative Commission for 112
appropriation by the Legislature. 113
Section 3. Subsection (2) of section 27.703, Florida 114
Statutes, is amended to read: 115
27.703 Conflict of interest and substitute counsel. — 116
(2) Appointed counsel shall be paid from funds 117
appropriated to the Justice Administrative Commission Chief 118
Financial Officer. The hourly rate may not exceed $100. However, 119
all appointments of private counsel under this section shall be 120
in accordance with ss. 27.710 and 27.711. 121
Section 4. Paragraph (a) of subsection (1) of section 122
28.241, Florida Statutes, is amended to read: 123
28.241 Filing fees for trial and appellate proceedings. — 124
(1) Filing fees are due at the time a party files a 125
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pleading to initiate a proceeding or files a pleading for 126
relief. Reopen fees are due at the time a party files a pleading 127
to reopen a proceeding if at least 90 days have elapsed since 128
the filing of a final order or final judgment with the clerk. If 129
a fee is not paid upon the filing of the pleading as required 130
under this section, the clerk shall pursue collection of the fee 131
pursuant to s. 28.246. 132
(a)1.a. Except as provided in sub -subparagraph b. and 133
subparagraph 2., the party instituting any civil action, suit, 134
or proceeding in the circuit court shall pay to the clerk of 135
that court a filing fee of up to $395 in all cases in whic h 136
there are not more than five defendants and an additional filing 137
fee of up to $2.50, from which the clerk shall remit $0.50 to 138
the Department of Revenue for deposit into the General Revenue 139
Fund, for each defendant in excess of five. Of the first $200 in 140
filing fees, $195 must be remitted to the Department of Revenue 141
for deposit into the State Courts Revenue Trust Fund, $4 must be 142
remitted to the Department of Revenue for deposit into the 143
Administrative Trust Fund within the Department of Financial 144
Services and used to fund the contract with the Florida Clerks 145
of Court Operations Corporation created in s. 28.35, and $1 must 146
be remitted to the Department of Revenue for deposit into the 147
Administrative Trust Fund within the Department of Financial 148
Services to fund audits of individual clerks' court -related 149
expenditures conducted by the Department of Financial Services. 150
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b. The party instituting any civil action, suit, or 151
proceeding in the circuit court under chapter 39, chapter 61, 152
chapter 741, chapter 742, c hapter 747, chapter 752, or chapter 153
753 shall pay to the clerk of that court a filing fee of up to 154
$295 in all cases in which there are not more than five 155
defendants and an additional filing fee of up to $2.50 for each 156
defendant in excess of five. Of the f irst $100 in filing fees, 157
$95 must be remitted to the Department of Revenue for deposit 158
into the State Courts Revenue Trust Fund, $4 must be remitted to 159
the Department of Revenue for deposit into the Administrative 160
Trust Fund within the Department of Finan cial Services and used 161
to fund the contract with the Florida Clerks of Court Operations 162
Corporation created in s. 28.35, and $1 must be remitted to the 163
Department of Revenue for deposit into the Administrative Trust 164
Fund within the Department of Financial Services to fund audits 165
of individual clerks' court -related expenditures conducted by 166
the Department of Financial Services. 167
c. An additional filing fee of $4 shall be paid to the 168
clerk. The clerk shall remit $3.50 to the Department of Revenue 169
for deposit into the Court Education Trust Fund and shall remit 170
50 cents to the Department of Revenue for deposit into the 171
Administrative Trust Fund within the Department of Financial 172
Services to fund clerk education provided by the Florida Clerks 173
of Court Operations Corporation. An additional filing fee of up 174
to $18 shall be paid by the party seeking each severance that is 175
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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
granted, from which the clerk shall remit $3 to the Department 176
of Revenue for deposit into the General Revenue Fund. The clerk 177
may impose an additional filing fee of up to $85, from which the 178
clerk shall remit $10 to the Department of Revenue for deposit 179
into the General Revenue Fund, for all proceedings of 180
garnishment, attachment, replevin, and distress. Postal charges 181
incurred by the clerk of the circuit court in making service by 182
certified or registered mail on defendants or other parties 183
shall be paid by the party at whose instance service is made. 184
Additional fees, charges, or costs may not be added to the 185
filing fees imposed under this section, except as authorized in 186
this section or by general law. 187
2.a. Notwithstanding the fees prescribed in subparagraph 188
1., a party instituting a civil action in circuit court relating 189
to real property or mortgage foreclosure shall pay a graduated 190
filing fee based on the value of the claim. 191
b. A party shall estimate in writing the amount in 192
controversy of the claim upon filing the action. For purposes of 193
this subparagraph, the value of a mortgage foreclosure action is 194
based upon the principal due on the note s ecured by the 195
mortgage, plus interest owed on the note and any moneys advanced 196
by the lender for property taxes, insurance, and other advances 197
secured by the mortgage, at the time of filing the foreclosure. 198
The value shall also include the value of any tax certificates 199
related to the property. In stating the value of a mortgage 200
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foreclosure claim, a party shall declare in writing the total 201
value of the claim, as well as the individual elements of the 202
value as prescribed in this sub -subparagraph. 203
c. In its order providing for the final disposition of the 204
matter, the court shall identify the actual value of the claim. 205
The clerk shall adjust the filing fee if there is a difference 206
between the estimated amount in controversy and the actual value 207
of the claim and collect any additional filing fee owed or 208
provide a refund of excess filing fee paid. 209
d. The party shall pay a filing fee of: 210
(I) Three hundred and ninety -five dollars in all cases in 211
which the value of the claim is $50,000 or less and in which 212
there are not more than five defendants. The party shall pay an 213
additional filing fee of up to $2.50 for each defendant in 214
excess of five. Of the first $200 in filing fees, $195 must be 215
remitted by the clerk to the Department of Revenue for deposit 216
into the General Revenue Fund, $4 must be remitted to the 217
Department of Revenue for deposit into the Administrative Trust 218
Fund within the Department of Financial Services and used to 219
fund the contract with the Florida Clerks of Court Operations 220
Corporation created in s. 28.35, and $1 must be remitted to the 221
Department of Revenue for deposit into the Administrative Trust 222
Fund within the Department of Financial Services to fund audits 223
of individual clerks' court -related expenditures conducted by 224
the Department of Financi al Services; 225
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(II) Nine hundred dollars in all cases in which the value 226
of the claim is more than $50,000 but less than $250,000 and in 227
which there are not more than five defendants. The party shall 228
pay an additional filing fee of up to $2.50 for each def endant 229
in excess of five. Of the first $355 in filing fees, $350 must 230
be remitted by the clerk to the Department of Revenue for 231
deposit into the General Revenue Fund, $4 must be remitted to 232
the Department of Revenue for deposit into the Administrative 233
Trust Fund within the Department of Financial Services and used 234
to fund the contract with the Florida Clerks of Court Operations 235
Corporation created in s. 28.35, and $1 must be remitted to the 236
Department of Revenue for deposit into the Administrative Trust 237
Fund within the Department of Financial Services to fund audits 238
of individual clerks' court -related expenditures conducted by 239
the Department of Financial Services; or 240
(III) One thousand nine hundred dollars in all cases in 241
which the value of the claim is $2 50,000 or more and in which 242
there are not more than five defendants. The party shall pay an 243
additional filing fee of up to $2.50 for each defendant in 244
excess of five. Of the first $1,240 $1,705 in filing fees, $465 245
$930 must be remitted by the clerk to the Department of Revenue 246
for deposit into the General Revenue Fund, $770 must be remitted 247
to the Department of Revenue for deposit into the State Courts 248
Revenue Trust Fund, $4 must be remitted to the Department of 249
Revenue for deposit into the Administrative Trust Fund within 250
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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
the Department of Financial Services to fund the contract with 251
the Florida Clerks of Court Operations Corporation created in s. 252
28.35, and $1 must be remitted to the Department of Revenue for 253
deposit into the Administrative Trust Fund within the Department 254
of Financial Services to fund audits of individual clerks' 255
court-related expenditures conducted by the Department of 256
Financial Services. 257
e. An additional filing fee of $4 shall be paid to the 258
clerk. The clerk shall remit $3.50 to the Department of Revenue 259
for deposit into the Court Education Trust Fund and shall remit 260
50 cents to the Department of Revenue for deposit into the 261
Administrative Trust Fund within the Department of Financial 262
Services to fund clerk education provided by the Florida Clerks 263
of Court Operations Corporation. An additional filing fee of up 264
to $18 shall be paid by the party seeking each severance that is 265
granted. The clerk may impose an additional filing fee of up to 266
$85 for all proceedings of garnishment, attachment, replevin, 267
and distress. Postal charges incurred by the clerk of the 268
circuit court in making service by certified or registered mail 269
on defendants or other parties shall be paid by the party at 270
whose instance service i s made. Additional fees, charges, or 271
costs may not be added to the filing fees imposed under this 272
section, except as authorized in this section or by general law. 273
Section 5. Paragraph (i) of subsection (2) and paragraph 274
(a) of subsection (3) of section 28.35, Florida Statutes are 275
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amended, and paragraph (j) is added to subsection (2) of that 276
section, to read: 277
28.35 Florida Clerks of Court Operations Corporation.— 278
(2) The duties of the corporation shall include the 279
following: 280
(i) Annually preparing a budget request which, 281
notwithstanding the provisions of chapter 216 and in accordance 282
with s. 216.351, provides the anticipated amount necessary for 283
reimbursement pursuant to s. 40.29(6) and 40.29(7). The request 284
for the anticipated reimbursement amount shall be submitted in 285
the form and manner prescribed by the Justice Administrative 286
Commission. Such request is not subject to change by the Justice 287
Administrative Commission, except for technical changes 288
necessary to conform to the legislative budget instructions, and 289
shall be submitted to the Governor for transmittal to the 290
Legislature. 291
(j) Annually preparing a budget request that, 292
notwithstanding the provisions of chapter 216 and in accordance 293
with s. 216.351, provides the antici pated amount necessary to 294
fund increases in employer contribution rates pursuant to 121.71 295
and 121.72 for court -related employees participating in the 296
Florida Retirement System. The request for the anticipated 297
appropriation must be submitted in the form an d manner 298
prescribed by the Justice Administrative Commission. The budget 299
request may not be changed by the Justice Administrative 300
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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
Commission, except for technical changes necessary to conform to 301
the legislative budget instructions and must be submitted to the 302
Governor for transmittal to the Legislature. 303
(3)(a) The list of court -related functions that clerks may 304
fund from filing fees, service charges, court costs, and fines 305
is limited to those functions expressly authorized by law or 306
court rule. Those func tions include the following: case 307
maintenance; records management; court preparation and 308
attendance; processing the assignment, reopening, and 309
reassignment of cases; processing of appeals; collection and 310
distribution of fines, fees, service charges, and co urt costs; 311
processing of bond forfeiture payments; data collection and 312
reporting; determinations of indigent status; improving court 313
technology; and paying reasonable administrative support costs 314
to enable the clerk of the court to carry out these court -315
related functions. 316
Section 6. Paragraph (b) subsection (4) of section 28.37, 317
Florida Statutes is amended to read: 318
28.37 Fines, fees, service charges, and costs remitted to 319
the state.— 320
(4) 321
(b) No later than February 1 annually, 2022, and each 322
February 1 thereafter, the Florida Clerks of Court Operations 323
Corporation must calculate Department of Revenue shall transfer 324
50 percent of the cumulative excess , which of the original 325
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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
revenue projection from the Clerks of the Court Trust Fund to 326
the General Revenue Fund. The remaining 50 percent in the Clerks 327
of the Court Trust Fund may be used in the development of the 328
total combined budgets of the clerks of the court as provided in 329
s. 28.35(2)(f)6. However, A minimum of 10 percent of the clerk-330
retained portion of the cumulative excess amount must be held in 331
reserve until such funds reach an amount equal to at least 16 332
percent of the total budget authority from the current county 333
fiscal year, as provided in s. 28.36(3)(a). 334
Section 7. Paragraphs (c) and (d ) of subsection (1) of 335
section 34.041, Florida Statutes, are amended to read: 336
34.041 Filing fees.— 337
(1) 338
(c) A party in addition to a party described in paragraph 339
(a) who files a pleading in an original civil action in the 340
county court for affirmative relief by cross-claim, counterclaim, 341
counterpetition, or third-party complaint, or who files a notice 342
of cross-appeal or notice of joinder or motion to intervene as an 343
appellant, cross-appellant, or petitioner, shall pay the clerk of 344
court a fee of $295 if the relief sought by the party under this 345
paragraph exceeds $2,500 but is not more than $15,000 and $395 if 346
the relief sought by the party under this paragraph exceeds 347
$15,000. The clerk shall deposit remit the fee if the relief 348
sought by the party under this paragraph exceeds $2,500 but is 349
not more than $15,000 to the Department of Revenue for deposit 350
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into the fine and forfeiture fund established pursuant to s. 351
142.01 General Revenue Fund. This fee does not apply if the 352
cross-claim, counterclaim, counterpetition, or third-party 353
complaint requires transfer of the case from county to circuit 354
court. However, the party shall pay to the clerk the standard 355
filing fee for the court to which the case is to be transferred. 356
(d) The clerk of court shall collect a service charge of 357
$10 for issuing a summons or an electronic certified copy of a 358
summons, which the clerk shall deposit into the fine and 359
forfeiture fund established pursuant to s. 142.01 remit to the 360
Department of Revenue for deposit into the General Revenue 361
Fund. The clerk shall assess the fee against the party seeking 362
to have the summons issued. 363
Section 8. Subsection (6) of section 40.29, Florida 364
Statutes, is amended, and subsections (7) and (8) are added to 365
that section, to read: 366
40.29 Payment of due-process costs; reimbursement for 367
petitions, and orders, and waived civil filing fees for 368
indigency; payment of Florida Retirement System costs for 369
court-related employees.— 370
(6) Subject to legislative appropriation, the Florida 371
Clerks of Court Operations Corporation clerk of the circuit 372
court may, on behalf of the clerks of the circuit court, on a 373
quarterly basis, submit to the Justice Administrative 374
Commission a certified request for reimbursement for petitions 375
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and orders filed under ss. 394.459, 394.463, 394.467, 394.917, 376
and 397.6814, at the rate of $40 per petition or order and for 377
orders filed under ss. 741.30, 784.046, and 784.0485, the 378
Florida Clerks of Court Operation Corporation may, on a 379
quarterly basis, submit a request for reimbursement at the 380
rate of $195 per petition. From this reimbursement, the clerk 381
of the court receiving reimbursement must pay any law 382
enforcement agency serving injunctions a fee not to exceed 383
$40, if so requested by the law enforcement agency . Such 384
request for reimbursement shall be submitted in the form and 385
manner prescribed by the Justice Administrative Commission 386
pursuant to s. 28.35(2)(i). 387
(7) Subject to legislative appropriation, the Florida 388
Clerks of Court Operations Corporation may, on a quarterly 389
basis, submit to the Justice Administrative Commission a 390
certified request for reimbursement for approved applications 391
for civil indigency under s. 57.082, in which the civil filing 392
fee has been waived, at the rat e of $195 per approved 393
application. The request for reimbursement shall be submitted 394
in the form and manner prescribed by the Justice 395
Administrative Commission pursuant to s. 28.35(2)(i). 396
(8) Subject to legislative appropriation, the Florida 397
Clerks of Court Operations Corporation must submit to the 398
Justice Administrative Commission a certified amount by county 399
of the employer contribution rate increases for the Florida 400
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Retirement System for court -related employees. 401
Section 9. Paragraph (b) of subsecti on (7) of section 402
57.082, Florida Statutes, is amended to read: 403
57.082 Determination of civil indigent status. — 404
(7) FINANCIAL DISCREPANCIES; FRAUD; FALSE INFORMATION. — 405
(b) If the court has reason to believe that any applicant, 406
through fraud or misrepres entation, was improperly determined to 407
be indigent, the matter shall be referred to the state attorney. 408
Twenty-five percent of any amount recovered by the state 409
attorney as reasonable value of the services rendered, including 410
fees, charges, and costs paid by the state on the person's 411
behalf, shall be remitted to the Department of Revenue for 412
deposit into the Grants and Donations Trust Fund of within the 413
applicable state attorney Justice Administrative Commission . 414
Seventy-five percent of any amount recovered shall be remitted 415
to the Department of Revenue for deposit into the General 416
Revenue Fund. 417
Section 10. Paragraph (d) of subsection (4) of section 418
110.112, Florida Statutes, is amended to read: 419
110.112 Affirmative action; equal employment opportunity. — 420
(4) Each state attorney and public defender shall: 421
(d) Report annually to the Justice Administrative 422
Commission on the implementation, continuance, updating, and 423
results of his or her affirmative action program for the 424
previous fiscal year. 425
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Section 11. Subsection (6) of section 186.003, Florida 426
Statutes, is amended to read: 427
186.003 Definitions; ss. 186.001 -186.031, 186.801-428
186.901.—As used in ss. 186.001 -186.031 and 186.801-186.901, the 429
term: 430
(6) "State agency" or "agency" means any official, of ficer, 431
commission, board, authority, council, committee, or department 432
of the executive branch of state government. For purposes of 433
this chapter, "state agency" or "agency" includes state 434
attorneys, public defenders, the capital collateral regional 435
counsel, the Justice Administrative Commission, and the Public 436
Service Commission. 437
Section 12. Paragraph (a) of subsection (8) and subsection 438
(18) of section 318.18, Florida Statutes, are amended to read: 439
318.18 Amount of penalties. —The penalties required f or a 440
noncriminal disposition pursuant to s. 318.14 or a criminal 441
offense listed in s. 318.17 are as follows: 442
(8)(a) Any person who fails to comply with the court's 443
requirements or who fails to pay the civil penalties specified 444
in this section within the 30-day period provided for in s. 445
318.14 must pay an additional civil penalty of $16, $1.50 $6.50 446
of which must be remitted to the Department of Revenue for 447
deposit in the General Revenue Fund, and $9.50 of which must be 448
remitted to the Department of Revenu e for deposit in the Highway 449
Safety Operating Trust Fund , and $5.00 of which shall be 450
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retained by the clerk of the court to be deposited in the Public 451
Records Modernization Trust Fund and used exclusively for 452
funding court-related technology needs of the c lerk, as defined 453
in s. 29.008(1)(f)2. and (h) . Of this additional civil penalty 454
of $16, $4 is not revenue for purposes of s. 28.36 and may not 455
be used in establishing the budget of the clerk of the court 456
under that section or s. 28.35. The department shall contract 457
with the Florida Association of Court Clerks, Inc., to design, 458
establish, operate, upgrade, and maintain an automated statewide 459
Uniform Traffic Citation Accounting System to be operated by the 460
clerks of the court which shall include, but not be l imited to, 461
the accounting for traffic infractions by type, a record of the 462
disposition of the citations, and an accounting system for the 463
fines assessed and the subsequent fine amounts paid to the 464
clerks of the court. The clerks of the court must provide t he 465
information required by this chapter to be transmitted to the 466
department by electronic transmission pursuant to the contract. 467
(18) In addition to any penalties imposed, an 468
administrative fee of $12.50 must be paid for all noncriminal 469
moving and nonmoving violations under chapters 316, 320, and 470
322. Of this administrative fee, $6.25 must be deposited into 471
the Public Records Modernization Trust Fund and used exclusively 472
for funding court-related technology needs of the clerk, as 473
defined in s. 29.008(1)(f )2. and (h), and $6.25 must be 474
deposited into the fine and forfeiture fund established pursuant 475
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to s. 142.01. The clerk shall remit the administrative fee to 476
the Department of Revenue for deposit into the General Revenue 477
Fund. 478
Section 13. Section 322.7 6, Florida Statutes, is created 479
to read: 480
322.76 Miami-Dade County the Clerk of Court Driver License 481
Reinstatement Pilot Program. -There is created in Miami -Dade 482
County the Clerk of Court Driver License Reinstatement Pilot 483
Program. 484
(1) As used in this se ction, the term "clerk" means the 485
Clerk of the Circuit Court for Miami -Dade County. 486
(2) Notwithstanding any other provision to the contrary in 487
this chapter, the clerk may reinstate or provide an affidavit to 488
the department to reinstate a suspended drive r license: 489
(a) For a person's failure to fulfill a court -ordered 490
child support obligation. 491
(b) As a result of the end of suspension because of 492
points, under s. 322.37, notwithstanding hardship license. 493
(c) For failure to comply with any provision of chapter 494
318 or this chapter. 495
(3) Notwithstanding s. 322.29(1), an examination is not 496
required for the reinstatement of a driver license suspended 497
under s. 318.15 or s. 322.245 unless an examination is otherwise 498
required by this chapter. A person applying for the 499
reinstatement of a driver license suspended under s. 318.15 or 500
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s. 322.245 must present to the clerk certification from the 501
court that he or she has either complied with all obligations 502
and penalties imposed pursuant to s. 318.15 or with all 503
directives of the court and the requirements of s. 322.245. 504
(4) A nonrefundable service fee must be paid pursuant to 505
s. 322.29(2). 506
(5) Before July 1, 2024, the department shall work with 507
the clerk, through its association, to ensure the ability within 508
its technology system for the clerk to reinstate suspended 509
driver licenses under the pilot program, to begin on July 1, 510
2024. 511
(6) By December 31, 2025, the clerk must submit the 512
Governor, the President of the Senate, the Speaker of the House 513
of Representatives, and the Executive Director of the Florida 514
Clerks of Court Operations Corporation a report containing the 515
following information: 516
(a) Number of driver license reinstatements. 517
(b) Amount of fees and costs collected, including the 518
aggregate funds receive d by the clerk, local governmental 519
entities, and state entities, including the General Revenue 520
Fund. 521
(c) The personnel, operating, and other expenditures 522
incurred by the clerk. 523
(d) Feedback received from the community, if any, in 524
response to the clerk' s participation in the pilot program. 525
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(e) Whether the pilot program led to improved timeliness 526
for the reinstatement of driver licenses. 527
(f) The clerk's recommendation as to whether the pilot 528
program should be extended in Miami -Dade County or to other 529
clerks' offices. 530
(g) Any other information the clerk deems necessary. 531
(7) This section is repealed on July 1, 2026. 532
Section 14. Subsection (1) of section 501.2101, Florida 533
Statutes, is amended to read: 534
501.2101 Enforcing authorities; moneys recei ved in certain 535
proceedings.— 536
(1) Any moneys received by an enforcing authority for 537
attorney attorney's fees and costs of investigation or 538
litigation in proceedings brought under the provisions of s. 539
501.207, s. 501.208, or s. 501.211 shall be deposited as 540
received in the Legal Affairs Revolving Trust Fund if the action 541
is brought by the Department of Legal Affairs, and in the Grants 542
and Donations Consumer Frauds Trust Fund of a state attorney the 543
Justice Administrative Commission if the action is brought b y 544
the a state attorney. 545
Section 15. Paragraph (a) of subsection (2) of section 546
741.30, Florida Statutes, is amended to read: 547
741.30 Domestic violence; injunction; powers and duties of 548
court and clerk; petition; notice and hearing; temporary 549
injunction; issuance of injunction; statewide verification 550
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system; enforcement; public records exemption. — 551
(2)(a) Notwithstanding any other law, the assessment of a 552
filing fee for a petition for protection against domestic 553
violence is prohibited. However, subject to legislative 554
appropriation, the clerk of the circuit court may, on a 555
quarterly basis, submit to the Office of the State Courts 556
Administrator a certified request for reimbursement for 557
petitions for protection against domestic violence issued by the 558
court, at the rate of $40 per petition. The request for 559
reimbursement must be submitted in the form and manner 560
prescribed by the Office of the State Courts Administrator. From 561
this reimbursement, the clerk shall pay any law enforcement 562
agency serving the injun ction the fee requested by the law 563
enforcement agency; however, this fee may not exceed $20. 564
Section 16. Paragraph (b) of subsection (3) of section 565
784.046, Florida Statutes, is amended to read: 566
784.046 Action by victim of repeat violence, sexual 567
violence, or dating violence for protective injunction; dating 568
violence investigations, notice to victims, and reporting; 569
pretrial release violations; public records exemption. — 570
(3)(b) Notwithstanding any other law, the clerk of the 571
court may not assess a fee for filing a petition for protection 572
against repeat violence, sexual violence, or dating violence. 573
However, subject to legislative appropriation, the clerk of the 574
court may, each quarter, submit to the Office of the State 575
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Courts Administrator a certifi ed request for reimbursement for 576
petitions for protection issued by the court under this section 577
at the rate of $40 per petition. The request for reimbursement 578
shall be submitted in the form and manner prescribed by the 579
Office of the State Courts Administr ator. From this 580
reimbursement, the clerk shall pay the law enforcement agency 581
serving the injunction the fee requested by the law enforcement 582
agency; however, this fee may not exceed $20. 583
Section 17. Paragraph (a) of subsection (2) of section 584
784.0485, Florida Statutes, is amended to read: 585
784.0485 Stalking; injunction; powers and duties of court 586
and clerk; petition; notice and hearing; temporary injunction; 587
issuance of injunction; statewide verification system; 588
enforcement.— 589
(2)(a) Notwithstanding any other law, the clerk of court 590
may not assess a filing fee to file a petition for protection 591
against stalking. However, subject to legislative appropriation, 592
the clerk of the circuit court may, on a quarterly basis, submit 593
to the Office of the State Co urts Administrator a certified 594
request for reimbursement for petitions for protection against 595
stalking issued by the court, at the rate of $40 per petition. 596
The request for reimbursement shall be submitted in the form and 597
manner prescribed by the Office of the State Courts 598
Administrator. From this reimbursement, the clerk shall pay any 599
law enforcement agency serving the injunction the fee requested 600
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by the law enforcement agency; however, this fee may not exceed 601
$20. 602
Section 18. This act shall take effect upon becoming a 603
law. 604