September 25, 2020
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HB 5403

A bill to be entitled
2An act relating to trust funds; amending ss. 25.241 and
335.22, F.S.; providing for deposit of specified fees into
4the State Courts Revenue Trust Fund rather than the state
5court's Operating Trust Fund; amending s. 832.08, F.S.;
6providing for deposit of bad check diversion program fees
7into the State Attorneys Revenue Trust Fund; amending s.
8938.27, F.S.; providing for deposit of certain court costs
9after criminal convictions into the State Attorneys
10Revenue Trust Fund rather than the state attorney's grants
11and donations trust fund; transferring certain unexpended
12balances in trust funds to conform to changes made by this
13act; providing an effective date.
15Be It Enacted by the Legislature of the State of Florida:
17     Section 1.  Subsection (5) of section 25.241, Florida
18Statutes, is amended to read:
19     25.241  Clerk of Supreme Court; compensation; assistants;
20filing fees, etc.-
21     (5)  The Clerk of the Supreme Court is hereby required to
22prepare a statement of all fees collected each month and remit
23such statement, together with all fees collected by him or her,
24to the Chief Financial Officer. The Chief Financial Officer
25shall deposit $250 of each $300 filing fee and all other fees
26collected into the General Revenue Fund. The Chief Financial
27Officer shall deposit $50 of each filing fee collected into the
28State Courts Revenue court's Operating Trust Fund to fund court
29improvement projects as authorized in the General Appropriations
31     Section 2.  Subsection (6) of section 35.22, Florida
32Statutes, is amended to read:
33     35.22  Clerk of district court; appointment; compensation;
34assistants; filing fees; teleconferencing.-
35     (6)  The clerk of each district court of appeal is required
36to deposit all fees collected in the State Treasury to the
37credit of the General Revenue Fund, except that $50 of each $300
38filing fee collected shall be deposited into the State Courts
39Revenue court's Operating Trust Fund to fund court improvement
40projects as authorized in the General Appropriations Act. The
41clerk shall retain an accounting of each such remittance.
42     Section 3.  Subsection (5) of section 832.08, Florida
43Statutes, is amended to read:
44     832.08  State attorney bad check diversion program; fees
45for collections.-
46     (5)  To fund the diversion program, the state attorney may
47collect a fee on each check that is collected through the state
48attorney's office, whether it is collected through prosecution
49or through the diversion program. Funds collected under this
50subsection shall be deposited in the State Attorneys Revenue
51Trust Fund. However, the state attorney may not collect such a
52fee on any check collected through a diversion program which was
53in existence in another office prior to October 1, 1986. A fee
54may be collected by an office operating such a preexisting
55diversion program for the purpose of funding such program. The
56amount of the fee for each check shall not exceed:
57     (a)  Twenty-five dollars, if the face value does not exceed
59     (b)  Thirty dollars, if the face value is more than $50 but
60does not exceed $300.
61     (c)  Forty dollars, if the face value is more than $300.
62     Section 4.  Subsection (8) of section 938.27, Florida
63Statutes, is amended to read:
64     938.27  Judgment for costs on conviction.-
65     (8)  Costs for the state attorney shall be set in all cases
66at no less than $50 per case when a misdemeanor or criminal
67traffic offense is charged and no less than $100 per case when a
68felony offense is charged, including a proceeding in which the
69underlying offense is a violation of probation or community
70control. The court may set a higher amount upon a showing of
71sufficient proof of higher costs incurred. Costs recovered on
72behalf of the state attorney under this section shall be
73deposited into the State Attorneys Revenue attorney's grants and
74donations Trust Fund to be used during the fiscal year in which
75the funds are collected, or in any subsequent fiscal year, for
76actual expenses incurred in investigating and prosecuting
77criminal cases, which may include the salaries of permanent
78employees, or for any other purpose authorized by the
80     Section 5.  The amount of unexpended balances in the state
81court's Operating Trust Fund attributable to collections made
82pursuant to ss. 25.241 and 35.22, Florida Statutes, prior to
83amendment by this act shall be transferred to the State Courts
84Revenue Trust Fund, FLAIR number 22-2-057.
85     Section 6.  The amount of unexpended balances in the state
86attorney's grants and donations trust fund attributable to
87collections made pursuant to ss. 832.08 and 938.27, Florida
88Statutes, prior to amendment by this act shall be transferred to
89the State Attorneys Revenue Trust Fund, FLAIR number 21-2-058.
90     Section 7.  This act shall take effect July 1, 2010.

CODING: Words stricken are deletions; words underlined are additions.
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