Florida HB 925: Direct-support Organizations
Status: Laid on Table; companion bill(s) passed, see CS/SB 1278 (Ch. 2023-310) (as of 2023-04-25)
State: Florida · Session: 2023 · Bill: HB 925
Subjects: subject index
Sponsors: Education & Employment Committee, McClain, Roth, Trabulsy
Bill Text
ENROLLED CS/HB 925, Engrossed 1 2026 Legislature CODING: Words stricken are deletions; words underlined are additions. hb925 -02-er Page 1 of 10 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 1 An act relating to clerks of the court; amending s. 2 28.37, F.S.; authorizing the cumulative excess of 3 funds to be used in the development of the total 4 combined budgets of the clerks of the court; amending 5 ss. 28.35 and 28.36, F.S.; conforming provisions to 6 changes made by the act; amending s. 50.0311, F.S.; 7 revising the definition of the term "publicly 8 accessible website"; amending s. 318.18, F.S.; 9 providing exceptions to requirements that certain 10 civil penalties be remitted to school districts; 11 amending s. 318.21, F.S.; increasing the percentage of 12 certain penalties which must be deposited into the 13 fine and forfeiture fund and decreasing the percentage 14 of certain penalties that must be paid to a 15 municipality; providing an effective date. 16 17 Be It Enacted by the Legislature of the State of Florida: 18 19 Section 1. Paragraph (b) of subsection (4) of section 20 28.37, Florida Statutes, is amended to read: 21 28.37 Fines, fees, service charges, and costs remitted to 22 the state.— 23 (4) 24 (b) No later than February 1, 2022, and each February 1 25 ENROLLED CS/HB 925, Engrossed 1 2026 Legislature CODING: Words stricken are deletions; words underlined are additions. hb925 -02-er Page 2 of 10 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 thereafter, the Department of Revenue shall transfer 50 percent 26 of The cumulative excess of the original revenue projection from 27 the Clerks of the Court Trust Fund to the General Revenue Fund. 28 The remaining 50 percent in the Clerks of the Court Trust Fund 29 may be used in the development of the total combined budgets of 30 the clerks of the court as provided in s. 28.35(2)(f)6. However, 31 a minimum of 10 percent of the clerk-retained portion of the 32 cumulative excess amount must be held in reserve until such 33 funds reach an amount equal to at least 16 percent of the total 34 budget authority from the current county fiscal year, as 35 provided in s. 28.36(3)(a). 36 Section 2. Paragraph (f) of subsection (2) of section 37 28.35, Florida Statutes, is amended to read: 38 28.35 Florida Clerks of Court Operations Corporation.— 39 (2) The duties of the corporation shall include the 40 following: 41 (f) Approving the proposed budgets submitted by clerks of 42 the court pursuant to s. 28.36. The corporation must ensure that 43 the total combined budgets of the clerks of the court do not 44 exceed the total estimated revenues from fees, service charges, 45 court costs, and fines for court-related functions available for 46 court-related expenditures as determined by the most recent 47 Revenue Estimating Conference, plus the total of unspent 48 budgeted funds for court-related functions carried forward by 49 the clerks of the court from the previous county fiscal year, 50 ENROLLED CS/HB 925, Engrossed 1 2026 Legislature CODING: Words stricken are deletions; words underlined are additions. hb925 -02-er Page 3 of 10 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 plus the cumulative excess as provided in balance of funds 51 remaining in the Clerks of the Court Trust Fund after the 52 transfer of funds to the General Revenue Fund required pursuant 53 to s. 28.37(4)(b), and plus any appropriations for court-related 54 functions. The corporation may amend any individual clerk of the 55 court budget to ensure compliance with this paragraph and must 56 consider performance measures, workload performance standards, 57 workload measures, and expense data before modifying the budget. 58 As part of this process, the corporation shall: 59 1. Calculate the minimum amount of revenue necessary for 60 each clerk of the court to efficiently perform the list of 61 court-related functions specified in paragraph (3)(a). The 62 corporation shall apply the workload measures appropriate for 63 determining the individual level of review required to fund the 64 clerk's budget. 65 2. Prepare a cost comparison of similarly situated clerks 66 of the court, based on county population and numbers of filings, 67 using the standard list of court-related functions specified in 68 paragraph (3)(a). 69 3. Conduct an annual base budget review and an annual 70 budget exercise examining the total budget of each clerk of the 71 court. The review shall examine revenues from all sources, 72 expenses of court-related functions, and expenses of noncourt-73 related functions as necessary to determine that court-related 74 revenues are not being used for noncourt-related purposes. The 75 ENROLLED CS/HB 925, Engrossed 1 2026 Legislature CODING: Words stricken are deletions; words underlined are additions. hb925 -02-er Page 4 of 10 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 review and exercise shall identify potential targeted budget 7
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