The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Appropriations
BILL: CS/SB 552
INTRODUCER: Appropriations Committee (Recommended by Appropriations Subcommittee on
Criminal and Civil Justice); and Senator Boyd and others
SUBJECT: Clerks of the Circuit Court
DATE: March 2, 2022 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Bond Cibula JU Favorable
2. Dale Harkness ACJ Recommend: Fav/CS
3. Dale Sadberry AP Fav/CS
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/SB 552 changes laws affecting the clerks of court by:
 Directing the clerks of court to ask the Legislature for increased funding related to increases
in trial court judicial positions.
 Allowing the clerks to review property records to verify an application for civil indigent
status.
 Allowing the clerks of court to ask for Legislative funding for filings related to mental health
and substance abuse that the clerks must currently file at no charge. Modifying the standard
terms of a payment plan for an individual who owes money to a clerk to establish a $25
minimum monthly payment and to limit the down payment to the lesser of 10 percent of the
amount owed or $100.
 Requiring the Department of Highway Safety and Motor Vehicles to coordinate with the
clerks of court on a system for reinstatement of driver licenses upon payment of court-related
obligations.
The bill has no fiscal impact but makes fiscally related operational changes.
The bill takes effect July 1, 2022.
BILL: CS/SB 552 Page 2
II. Present Situation:
Clerk of the Circuit Court
The clerk of the circuit court is a constitutional officer. Each of Florida’s 67 counties are
required to elect a clerk of the circuit court1 to serve as both the clerk of court, completing
judiciary functions, and as the “ex officio[2] clerk of the board of county commissioners, auditor,
recorder, and custodian of all county funds.”3 In other words, the clerk of the circuit court wears
approximately five hats. In wearing the auditor and custodian of county funds hats, the clerk may
also be referred to as the comptroller.4
Funding for the Clerks’ Court-Related Functions
In its capacity as the clerk of the circuit and county courts, the clerk is required to perform
various court-related, administrative and ministerial functions. Any court-related function
authorized by law or court rule must be funded by the clerk’s collection of filing fees, service
charges, costs, and fines, including the following:
 Case maintenance.
 Records management.
 Court preparation and attendance.
 Processing the assignment, reopening, and reassignment of cases.
 Processing appeals.
 Collection and distribution of fines, fees, service charges, and court costs.
 Data collection and reporting.
 Determinations of indigent status.
 Paying reasonable administrative support costs to enable the clerks to carry out court-related
functions.5
Court funding is governed by Art. V, s. 14 of the Florida Constitution. For the clerks of the
circuit courts, Art. V, s. 14(b) provides that the clerks are self-sustaining and fund their court-
related functions through the collection of filing fees, service charges, and other costs.
Specifically, Art. V, s. 14(b) states:
(b) All funding for the offices of the clerks of the circuit and county courts
performing court-related functions, except as otherwise provided in this
1
FLA. CONST. art. V, s. 16; FLA. CONST. art. VIII, s. 1.
2
See BLACK’S LAW DICTIONARY (10th ed. 2014) (“ex officio” means “By virtue or because of an office; by virtue of the
authority implied by office.”).
3
FLA. CONST. art. V, s. 16. This provision also provides that two officials may split the position, one serving as clerk of court
and one serving in the ex officio position. Additionally, this provision permits the election of a county clerk of court when
authorized by general or special law. Id.
4
See generally Florida Court Clerks & Comptrollers, About Us, Clerks Duties & Services, available at
https://www.flclerks.com/page/ClerksDuties (last visited Nov. 24, 2021). See also BLACK’S LAW DICTIONARY (10th ed.
2014) (“comptroller” means, “[a]n officer of a business or a private, state, or municipal corporation who is charged with
duties usu. relating to fiscal affairs, including auditing and examining accounts and reporting the financial status
periodically.”).
5
Section 28.35(3)(a), F.S. See also Florida Court Clerks & Comptrollers, About Us, Clerks Duties & Services, available at
https://www.flclerks.com/page/ClerksDuties (last visited Nov. 24, 2021).
BILL: CS/SB 552 Page 3
subsection and subsection (c), shall be provided by adequate and
appropriate filing fees for judicial proceedings and service charges and costs
for performing court-related functions as required by general law. Selected
salaries, costs, and expenses of the state courts system may be funded from
appropriate filing fees for judicial proceedings and service charges and costs
for performing court-related functions, as provided by general law. Where
the requirements of either the United States Constitution or the Constitution
of the State of Florida preclude the imposition of filing fees for judicial
proceedings and service charges and costs for performing court-related
functions sufficient to fund the court-related functions of the offices of the
clerks of the circuit and county courts, the state shall provide, as determined
by the Legislature, adequate and appropriate supplemental funding from
state revenues appropriated by general law.6
County Funding Referenced in Article V, Section 14(c)
As referenced above, Art. V, s. 14(c) of the Florida Constitution states that while funding for the
state courts system, including the clerks of court, will not be required by a county or
municipality, the counties are responsible to fund certain types of court infrastructure and
maintenance, including “the cost of communications services, existing radio systems, existing
multi-agency criminal justice information systems and the cost of construction or lease,
maintenance, utilities, and security of facilities for . . . the offices of the clerks of the circuit and
county courts performing court-related functions.”7 Additionally, counties pay “reasonable and
necessary salaries, costs, and expenses of the state courts system to meet local requirements as
determined by general law.”8
No-Fee Court Functions
Additionally, as referenced above, there are certain categories of cases and certain types of
filings for which the clerks of court cannot charge a filing fee and possibly other service charges
or other costs. These types of cases and filings include the following:
 Various services and filings for indigent parties to pending litigation.9
 Petitions for Habeas Corpus filed by persons detained as mental health patients.10
 Filing an ex parte order for involuntary examination (Baker Act).11
 Petitions for involuntary inpatient placement for mental health.12
 Appellate filing fees for indigent persons determined to be and involuntarily committed as a
sexually violent predator.13
6
FLA. CONST. art. V, s. 14(b) (emphasis added).
7
FLA. CONST. art. V, s. 14(c).
8
Id. Additionally, article V, section 14(a) provides that funding for state court systems as well as state attorney’s offices,
public defender’s offices, and court-appointed counsel will generally be paid from “state revenues appropriated by general
law”; and section 14(d) clarifies that the court system has no appropriations authority.
9
Sections 57.081 and 57.082, F.S. This does not include prisoners as defined in s. 57.085, F.S.
10
Section 394.459, F.S.
11
Section 394.463, F.S. See also Collins v. State, 125 So. 3d 1046, 1047 (Fla. 4th DCA 2013) (noting s. 394.463, F.S., is also
known as the Florida Statutes Florida Mental Health Act or the Baker Act).
12
Section 394.467, F.S.
13
Section 394.917, F.S.
BILL: CS/SB 552 Page 4
 Petitions for involuntary assessment and stabilization for substance abuse impairment.14
 Petitions for a risk protection order (Marjory Stoneman Douglas High School Public Safety
Act).15
 Petitions for protective injunctions against domestic violence,16 repeat, dating, or sexual
violence,17 or stalking.18
History of the Clerks of Court Funding Model
1998 Article V Revision (“Revision 7”) and Implementing Legislation
Article V, s. 14, was amended in 1998 to “substantially and significantly revise[] judicial system
funding, greatly reducing funding from local governments and placing the responsibility
primarily on the state.”19 The statement of intent accompanying the revision of Art. V,
section 14(b), also known as “Revision 7,” reflects that the proposers intended for the Legislature
to adopt procedures: (1) to fund the clerks’ office in the event “filing fees, services charges and
costs are insufficient to cover the court-related salaries, costs, and expenses of the offices of the
clerks . . . in a given fiscal year”; and (2) for the disposition of excess revenues collected by the
clerks’ offices in a given fiscal year.20
Further, the statement of intent clarifies that the purpose for Revision 7 is to require legislative
oversight and an independent review of clerk funding and spending practices. The reason for
independent oversight is set out as follows:
The drafters of subsection (b) recognize that there currently exists
significant disparities among what the various clerks’ offices spend to
perform the same functions. The determination by the [L]egislature as to
the appropriate level of spending should not entail an acceptance of the
current level of spending by the clerks’ offices throughout the state to
perform court-related functions. Rather, it is the intent of this proposal that
the clerks be held accountable and responsible to a cost standard which is
independently established by the [L]egislature.21
Revision 7’s 1998 amendment to Article V had to be implemented by July 1, 2004.22 In order to
implement the 1998 amendment, the Legislature responded “in stages, beginning with passage of
SB 1212 in 2000 (Chapter 2000-237, Laws of Florida), followed by additional changes to that
14
Section 397.6814, F.S.
15
Section 790.401, F.S.; ch. 2018-3, s. 16, Laws of Fla.
16
Section 741.30, F.S.
17
Section 784.046, F.S.
18
Section 784.0485, F.S.
19
City of Fort Lauderdale v. Crowder, 983 So. 2d 37, 39 (Fla. 4th DCA 2008) (“In its Statement of Intent, the Constitution
Revision Commission explained: ‘The state’s obligation includes, but is not limited to, funding for all core functions and
requirements of the state courts system and all other court-related functions and requirements which are statewide in nature.’
[e.s.] 26 Fla. Stat. Ann. (Supp.) 67.”).
20
William A. Buzzett and Deborah K. Kearney, Commentary <1998 Amendment (1997-1998 Constitution Revision
Commission Revision 7)>, FLA. STAT. ANN., FLA. CONST. art. V, s. 14.
21
Id.
22
Office of State Attorney for Eleventh Judicial Circuit v. Polites, 904 So. 2d 527, 530 (Fla. 3d DCA 2005).
BILL: CS/SB 552 Page 5
law in 2001, and, finally in 2002, through the funding of a study to assist in the final phase of
implementation.”23
The final stage was implemented during the 2003 legislative session. To provide Revision 7’s
envisioned oversight, accountability, uniformity, and procedures in funding and budgeting for
the clerks of court, the Legislature enacted sections 28.35, 28.36, and 28.37, F.S.: 24
 Section 28.35, F.S., created the Florida Clerks of Court Operations Corporation
(Corporation),25 which is responsible for providing accountability, procedural review, and
oversight of the clerks of court budgeting process throughout the state.
 Section 28.36, F.S., established budget review and approval procedures of individual clerk of
court budgets by the Corporation.
 Section 28.37, F.S., ensures that a portion of certain fines, fees, service charges, and costs
collected by the clerks of court are remitted to the state to fund other court-related salaries,
costs, and expenses.
Post-Article V Revision to Clerk Funding: 2004-2008
Between 2004 and 2008, the clerks collected and deposited into their local fine and forfeiture
funds revenues from court filing fees, service charges, court costs, and fines assessed in civil and
criminal proceedings.26 A portion of the revenues in a clerk’s fine and forfeiture fund was
retained to finance the clerk’s operations. However, another portion of these revenues were
distributed to the General Revenue Fund or other state trust funds to meet other court-related
costs. For example, the clerks were required to remit one-third of all fines, fees, service charges,
and costs collected to the Department of Revenue for deposit into the Clerk of the Court Trust
Fund,27 a fund established to assist the clerks in meeting revenue deficits.
Regarding budget planning, the clerks had discretion to set their individual budgets based on
anticipated revenues and expenditures. Each clerk’s proposed budget had to be balanced with
estimated revenues equaling or exceeding anticipated expenditures, although the budget could
include a 10 percent contingency reserve.28 If a clerk estimated that available funds plus
projected revenues were insufficient to meet anticipated expenditures for court-related functions,
that clerk could follow the statutory procedure for receiving funds from the Clerks of the Court
Trust Fund to address the deficit.29
Each clerk had to submit its proposed budget to the Corporation for review and certification that
the individual budget was complete and complied with budget procedures.30 Upon review and
23
Florida House of Representatives, House Bill 113A Staff Analysis, (May 14, 2003).
24
2003 Fla. Sess. Law Serv. Ch. 2003-402 (H.B. 113–A). See also City of Ft. Lauderdale v. Crowder, 983 So. 2d 37, 39 (Fla.
4th DCA 2008). Note also that the bill seeks to amend each of these provisions.
25
See supra note 5, and text. When it was first enacted, section 28.35 the “Clerk of court Operations Conference” which was
changed in 2004 to the “Florida Clerks of Court Operations Corporation.” Chapter 2004-265, s. 23, Laws of Fla. All clerks
are members of the Corporation.
26
Section 142.01, F.S.
27
Section 28.37(2), F.S. (2008).
28
Section 28.36(3)(b), (c), F.S. (2008).
29
Section 28.36(4), F.S. (2008).
30
Section 28.36(3), F.S. (2008).
BILL: CS/SB 552 Page 6
certification by the Corporation, revenue exceeding the amount needed to fund each budget was
deposited in the General Revenue Fund.31
During this time, the Legislature’s involvement in the clerks’ budgets was limited. The
Legislative Budget Commission (LBC) had authority to approve increases to the maximum
annual budgets approved for individual clerks if the additional funding was necessary to:
 Pay the cost of performing new or additional functions required by changes in law or court
rule; or
 Pay the cost of supporting increases in the number of judges or magistrates authorized by the
Legislature.32
Clerks in the General Appropriations Act: 2009-2012
In an effort to gain greater oversight and accountability for the operations and funding of the
clerks of court, the Legislature passed Chapter 2009-204, Laws of Fla., which substantially
amended the clerks’ statutory budget process and procedures. The new law brought the clerks
into the state budget and appropriated the