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

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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
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Be It Enacted by the Legislature of the State of Florida: 18
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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

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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

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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

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review and exercise shall identify potential targeted budget 7

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