Bill Text: FL S0790 | 2020 | Regular Session | Introduced
Bill Title: Clerks of the Circuit Court
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2020-03-14 - Died in Appropriations [S0790 Detail]
Download: Florida-2020-S0790-Introduced.html
Florida Senate - 2020 SB 790 By Senator Brandes 24-00830-20 2020790__ 1 A bill to be entitled 2 An act relating to clerks of the circuit court; 3 amending s. 28.24, F.S.; specifying that certain 4 revenues from service charges collected by the clerk 5 for remittance to the Department of Revenue include 6 only revenues for court-related functions; defining 7 the term “court-related functions”; providing for 8 revenues for county operations to be retained by the 9 clerk; amending s. 28.241, F.S.; revising the 10 distribution of revenue from filing fees from the 11 institution of certain appellate proceedings; amending 12 chapter 2019-58, Laws of Florida; revising retroactive 13 application regarding the collection of revenue for 14 court-related functions for remittance to the 15 department; defining the term “court-related 16 functions”; providing for revenues for county 17 operations to be retained by the clerk; providing an 18 effective date. 19 20 Be It Enacted by the Legislature of the State of Florida: 21 22 Section 1. Subsection (29) is added to section 28.24, 23 Florida Statutes, to read: 24 28.24 Service charges.—The clerk of the circuit court shall 25 charge for services rendered manually or electronically by the 26 clerk’s office in recording documents and instruments and in 27 performing other specified duties. These charges may not exceed 28 those specified in this section, except as provided in s. 29 28.345. 30 (29) Moneys required by this section to be remitted to the 31 Department of Revenue for deposit into the General Revenue Fund 32 include only those revenues collected for court-related 33 functions. For purposes of this subsection, the term “court 34 related functions” has the same meaning as provided in s. 35 28.35(3). Any other revenues that, by law, are collected for 36 county operations must continue to be retained by the clerk. 37 Section 2. Subsection (2) of section 28.241, Florida 38 Statutes, is amended to read: 39 28.241 Filing fees for trial and appellate proceedings.— 40 (2) Upon the institution of any appellate proceeding from 41 any lower court to the circuit court of any such county, 42 including appeals filed by a county or municipality as provided 43 in s. 34.041(5),or from the county or circuit court to an44appellate court of the state,the clerk shall charge and collect 45 from the party or parties instituting such appellate proceedings 46 a filing fee not to exceed $280, from which the clerk shall47remit $20 to the Department of Revenue for deposit into the48General Revenue Fund,for filing a notice of appeal from the 49 county court to the circuit court. For any appellate proceedings 50 from the county or circuit court to an appellate courtand, in 51 addition to the filing fee required under s. 25.241 or s. 35.22, 52 the clerk shall charge and collect from the party or parties 53 instituting such appellate proceedings $100 for filing a notice 54 of appeal from the county or circuit court to the district court 55 of appeal or to the Supreme Court. The clerk shall remit $20 of 56 the $100 filing fee to the Department of Revenue for deposit 57 into the General Revenue Fund. If the party is determined to be 58 indigent, the clerk mustshalldefer payment of the fee 59 otherwise required by this subsection. 60 Section 3. Section 30 of chapter 2019-58, Laws of Florida, 61 is amended to read: 62 Section 30. The amendments made by this act to ss. 27.52, 63 28.24, 28.2401, 28.241, 34.041, 45.035, 55.505, 61.14, 316.193, 64 318.14, 318.15, 318.18, 322.245, 327.35, 327.73, 379.401, 65 713.24, 721.83, 744.365, 744.3678, 766.104, and 938.05, Florida 66 Statutes, which relate to revenues collected for court-related 67 functions for remittance to the Department of Revenue for 68 deposit in the General Revenue Fund are remedial and clarifying 69 in nature and apply retroactively to July 1, 2008. For purposes 70 of this section, the term “court-related functions” has the same 71 meaning as provided in s. 28.35(3), Florida Statutes 2019. 72 Amendments to the revenues collected pursuant to those sections 73 which, by law, are to be provided for county operations must 74 continue to be retained by the clerk. 75 Section 4. This act shall take effect upon becoming a law.