HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/CS/HB 1077 Clerks of Court
SPONSOR(S): Appropriations Committee, Justice Appropriations Subcommittee, Botana and others
TIED BILLS: IDEN./SIM. BILLS:
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Civil Justice Subcommittee 18 Y, 0 N Leshko Jones
2) Justice Appropriations Subcommittee 9 Y, 3 N, As CS Smith Keith
3) Appropriations Committee 27 Y, 0 N, As CS Smith Pridgeon
SUMMARY ANALYSIS
The Florida Constitution mandates that there be an elected clerk of the circuit court (clerk) in each of Florida’s
67 counties. The clerks collect court fines, fees, service charges, and court costs related to court dispositions
and are authorized to charge fees to perform various functions. Much of the funding for the clerks’ annual
operating budgets comes from such fees, services charges, fines, and court costs that are deposited into the
Florida Clerk of Court Trust Fund. However, such revenue does not go entirely to the clerks. Florida law directs
the Florida Department of Revenue to distribute such revenue among the clerks, municipalities, counties, 51
state trust funds of various statutory function, and the state’s General Revenue Fund.
Under ss. 318.15 and 322.245, F.S., a person’s driver license and driving privilege may be suspended for
various reasons, including failing to comply with civil penalties or other court directives within a specified time
period; failing to enter into or comply with the terms of a penalty payment plan; or failing to pay child support. A
person’s driver license and privilege may not be reinstated until the person complies with all obligations and
penalties imposed or with other specified court directives; and presents a certificate of compliance to a driver
license office along with a nonrefundable service charge of $60.
CS/CS/HB 1077 amends a number of statutes which increase revenue for clerks through the redistribution of
specified service charges and fees. Specifically, the bill:
 Amends ss. 27.52, 27.54, 57.082, and 501.2101, F.S., to revise which trust funds certain moneys are
deposited into.
 Amends s. 28.35, F.S., to allow clerks of court to utilize funding for various court-related functions,
including improving court technology.
 Amends ss. 34.041 and 318.18, F.S., to reduce the amount of fees distributed to the General Revenue
Fund.
 Creates s. 322.76, F.S., to authorize the establishment of the Miami-Dade County Clerk of Court Driver
License Reinstatement Pilot Program.
 Amends s. 27.703, F.S., to require appointed capital collateral regional counsel or other appointed
attorney to be paid from funds appropriated to the Justice Administrative Commission (JAC).
 Amends s. 110.112, F.S., to eliminate state attorney and public defender reporting requirements
regarding affirmative action programs.
 Amends s. 186.003, F.S., to update the definition of “state agency” or “agency” in the state and regional
planning chapter of the Florida Statutes.
The bill has a significant fiscal impact on state and local governments. See Fiscal Comments.
The bill provides an effective date of upon becoming a law.
This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
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 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. The clerk may also serve as ex officio clerk 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; and
 Paying reasonable administrative costs to enable the clerks to carry out these functions. 3
Funding for the Clerks of the Circuit Courts
Annual Operating Budgets
Much of the funding for the clerks’ annual operating budgets comes from collected revenues including
judicial proceeding fees,4 services charges,5 fines,6 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 among the
clerks, municipalities, counties, 51 state trust funds of various statutory functions, and the state’s
General Revenue Fund.
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. 8 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.9
Budget Procedures
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.
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 to 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 S. 28.35(3)(a), F.S.
4 Filing fees which the clerks must charge are generally set out in s. 28.241, F.S.
5 Service charges which the clerks must charge are generally set out in s. 28.24, F.S.
6 Ten percent of all court-related fines collected by the clerk, except for penalties or fines distributed to counties or municipalities, must
be deposited into the fine and forfeiture fund to be used exclusively for clerk court-related functions. S. 28.37(6), F.S.
7 Other funding sources include grants and payments remitted by counties for the performance of county-related functions.
8 Selected salaries, costs, and expenses of the state courts system and court-related functions may also be funded from such fines,
fees, charges, and costs. Art. V, s. 14, Fla. Const.; s. 28.37(1), F.S.
9 S. 142.01, F.S.
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 On or prior to June 1st of each year, each clerk must prepare, summarize, and submit a proposed
budget to CCOC in the manner and form prescribed by CCOC. 10 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 11 equals or exceeds the
total of the anticipated expenditures.12
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 CCOC. If the CCOC verifies
that a revenue deficit is likely, the CCOC must certify the deficit and notify 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.13
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. 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.14
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 more than the
monthly projection, the clerk must submit such additional amount to the FCC Trust Fund by the 10 th of
the following month.15 Such revenue is then redistributed to clerks in counties that do not bring in
sufficient revenue to fund their budget allocations.
Each year the clerks are required to remit to DOR for deposit into the FCC Trust Fund the cumulative
excess 16 of all fines, fees, service charges, and court costs retained by the clerks, plus any funds
received from the FCC Trust Fund based on revenue deficiency, which exceed the amount needed to
meet the clerks’ authorized budget amounts.17 Thereafter, DOR must transfer 50 percent of the
cumulative excess of the original revenue projection from the FCC Trust Fund to the General Revenue
Fund. The remaining 50 percent in the FCC Trust Fund may be used in the development of the total
combined budges of the clerks.18
Florida Clerks of Court Operations Corporation
In 2003, the Florida Legislature created the Florida Clerks of Court Operations Corporation (CCOC) to
provide budget support to the clerks. All clerks of the circuit courts are members of the CCOC and hold
their positions and authority in an ex officio capacity.19 CCOC is funded through appropriations by
general law pursuant to a contract with the CFO.20
The CCOC is responsible for approving the combined budgets submitted by the clerks, and ensuring
that the total combined budgets of all 67 clerks does not exceed the total estimated revenues from
10 S. 28.36, F.S.
11 “Estimated revenues available” may include the fines, fees, charges, and costs to be collected by the clerk in the upcoming fiscal
year; 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 FCC Trust Fund after the transfer of funds to the General Revenue Fu nd which
has been allocated to each clerk by the CCOC. S. 28.36(2)(b), F.S.
12 Id.
13 S. 28.36(4), F.S.
14 Id.
15 S. 28.37(3), F.S.
16 Section 28.37(2)(a), F.S., defines “cumulative excess” to mean revenues derived from fines, fees, service charges, and court costs
collected by the clerks of the court which are greater than the original revenue projection.
17 S. 28.37(4)(a), F.S.
18 S. 28.37(4)(b), F.S.
19 S. 28.35(1)(a), F.S.
20 S. 28.35(4), F.S.
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 fees, service charges, court costs, and fines for court-related functions available for court-related
expenditures; plus the balance of funds remaining in the Clerks of Court Trust Fund after the transfer of
funds to the General Revenue Fund; and plus any appropriations for court-related functions.21
Additional CCOC duties include, but are not limited to:
 Adopting a plan of operations.
 Recommending to the Legislature changes in the amounts and distribution of various court-
related fines, fees, service charges, and costs to ensure reasonable and adequate funding of
the clerks in the performance of their court-related functions.
 Entering into a contract with the Department of Financial Services for the department to audit
the court-related expenditures of individual clerks.
 Preparing and submitting a report to the Governor, the President of the Senate, the Speaker of
the House of Representatives, and the chairs of the legislative appropriations committees by
January 1 of each year on the operations and activities of the CCOC and detailing the budget
development for the clerks of the court and the end-of-year reconciliation of actual expenditures
versus projected expenditures for each clerk of court.
 Preparing an annual budget request which provides the anticipated amount neces sary for
reimbursement pursuant to s. 40.29(6), F.S., for certain petitions and orders. 22 The request for
reimbursement shall be submitted to the Governor for transmittal to the Legislature. 23
 Participating in the Florida Retirement System (FRS) for its eligible employees.24
No Fee Court Functions
There are certain filings for which clerks may not charge a filing fee, including:
 A filing by an indigent party;25
 A petition for habeas corpus filed by a person detained as a mental health patient;26
 An ex parte order for an involuntary examination;27
 A petition for an involuntary commitment;28
 Appellate filings for an indigent person determined to be, and involuntarily committed as, a
sexually violent predator;29
 A petition for involuntary assessment and stabilization for substance abuse impairment;30
 A petition for a risk protection order;31 and
 A petition for a protective injunction against domestic violence;32 repeat, sexual, or dating
violence;33 or stalking.34
However, subject to legislative appropriation, clerks may, on a quarterly basis, submit to the Office of
the State Courts Administrator a certified request for reimbursement for petitions for protection against
domestic violence; repeat, sexual, or dating violence; or stalking issued by the court, at the rate of $40
per petition. From this reimbursement, if any, the clerk must pay any law enforcement agency that
served such an injunction a fee requested by the agency, not to exceed $20. 35
21 S. 28.35(2)(f), F.S.
22 JAC is not authorized to make changes to the budget request except for technical changes necessary to conform to the legislat ive
budget instructions. S. 28.35(2)(i), F.S.
23
S. 28.35(2), F.S.
24 S. 28.35(4), F.S.
25 Ss. 57.081 and 57.082, F.S. This does not include prisoners as defined in s. 57.085, F.S.
26 S. 394.459, F.S.
27 S. 394.463, F.S.
28 S. 394.467, F.S.
29 S. 394.917, F.S.
30 S. 397.6814, F.S.
31 S. 790.401, F.S.
32 S. 741.30, F.S.
33 S. 784.046, F.S.
34 S. 784.0485, F.S.
35 Ss. 741.30(2)(a), 784.046(3)(b), and 784.0485(2)(a), F.S.
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 Driver License Suspension in Florida
Section 318.15, F.S., requires a clerk to notify the Department of Highway Safety and Motor Vehicles
(DHSMV) if a person fails to:
 Comply with civil penalties within a specified time period;
 Enter into or comply with the terms of a penalty payment plan;
 Attend driver improvement school; or
 Appear at a scheduled hearing.36
Section 322.245, F.S., requires a clerk to notify DHSMV if a person fails to:
 Comply with all directives of a court, imposed based on a violation of a criminal offense, within
the time allotted by the court; or
 Pay child support.37
Upon receipt of such notice from a clerk, pursuant to either ss. 318.15 or 322.245, F.S., DHSMV must
immediately issue an order suspending the driver license and driving privilege of such person. The
order must inform the person that he or she may contact the clerk to establish a payment plan to make
partial payments for court-related fines, fees, service charges, and court costs. 38
A person’s driver license and privilege may not be reinstated until the person:
 Complies with the terms of a periodic payment plan or a revised payment plan with the clerk;
complies with all obligations and penalties imposed; or complies with all court directives
including payment of a delinquency fee; and
 Presents a certificate of compliance issued by the court to a driver license office along with a
nonrefundable service charge of $60.39, 40
Effect of Proposed Changes
Trust Fund Deposits
The bill amends ss. 27.52, 27.54, 57.082, and 501.2101, F.S., to:
 Require 25 percent of any costs recovered by a state attorney from a fraudulent indigency
application to be remitted to DOR for deposit into the Grants and Donations Trust Fund of the
applicable state atto