Florida 2024 Regular Session Status: Enacted Bipartisan · 10 R · 3 D cosponsors

HB 1077 — Clerks of Court

Last action — Chapter No. 2024-153

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced December 30, 2023. Enacted.

Signed by Governor Ron DeSantis (Republican) on May 06, 2024.

Odds of enactment

High chance

Based on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.

Upgrade to see the exact probability and what's driving it.

A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Likely to advance 98% · high confidence

  • Enacted

    Current position in the legislative process.

  • 17 sponsors

    3 primary, 14 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (10 R · 3 D) — cross-party backing.

  • Cleared a recorded vote

    Passed 2 recorded votes so far.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Summary

Clerks of Court; Revises fund into which moneys recovered by state attorneys must be remitted; revises fund into which payments received must be remitted as related to public defenders or regional counsels; revises entity that funds capital collateral regional counsel; revises list of court-related functions that clerks may fund from filing fees, service charges, court costs, & fines; revises fund into which filing fees are to be deposited; revises distribution of administrative fees; creates Clerk of Court Driver License Reinstatement Pilot Program; revises funds into which certain moneys received by state attorneys must be deposited.

Bill Text

What changed in the latest version

241 added · 259 removed

241 line(s) added, 259 removed.

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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 CS/CS/HB1077 2024 A bill to be entitled An act relating to clerks of court;
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 CS/HB1077 2024 A bill to be entitled An act relating to clerks of court;
28.35, F.S.;
revising the list of court-related functions that clerks may fund from filing fees, service charges, court costs, and fines;
amending s.
amending s.
318.18, F.S.;
revising the distribution of certain administrative fees;
authorizing the Clerk of the Circuit Court for Miami-Dade County to reinstate Page 1of 10 CODING:
authorizing the Clerk of the Circuit Court for Miami- Dade County to reinstate or provide an affidavit to the department to reinstate certain suspended driver licenses;
Words strickenare deletions;
words underlined are additions.
hb1077-02-c2 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 CS/CS/HB1077 2024 or provide an affidavit to the department to reinstate certain suspended driver licenses;
501.2101, F.S.;
Page 1of 10 CODING:
Words strickenare deletions;
words underlined are additions.
hb1077-01-c1 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 CS/HB1077 2024 501.2101, F.S.;
Seventy-five percent of any amount Page 2of 10 CODING:
Seventy-five percent of any amount recovered shall be remitted to the Department of Revenue for deposit into the General Revenue Fund.
Section 2.
Paragraph (c) of subsection (2) of section 27.54, Florida Statutes, is amended to 27.54 Limitation on payment of expenditures other than by Page 2of 10 CODING:
hb1077-02-c2 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 CS/CS/HB1077 2024 recovered shall be remitted to the Department of Revenue for deposit into the General Revenue Fund.
hb1077-01-c1 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 CS/HB1077 2024 the state.— (2) A county or municipality may contract with, or appropriate or contribute funds to, the operation of the offices of the various public defenders and regional counsels counsel as provided in this subsection.
Section 2.
Paragraph (c) of subsection (2) of section 27.54, Florida Statutes, is amended to 27.54 Limitation on payment of expenditures other than by the state.— (2) A county or municipality may contract with, or appropriate or contribute funds to, the operation of the offices of the various public defenders and regional counsels counsel as provided in this subsection.
In local ordinance violation cases, the county or municipality shall pay for due process services that are approved by the court, including deposition costs, deposition transcript costs, investigative costs, witness fees, expert witness costs, and interpreter Page 3of 10 CODING:
In local ordinance violation cases, the county or municipality shall pay for due process services that are approved by the court, including deposition costs, deposition transcript costs, investigative costs, witness fees, expert witness costs, and interpreter costs.
The person charged with the violation shall be assessed a fee for the services of a public defender or regional counsel and other costs and fees paid by the county or municipality, which assessed fee may be reduced to a lien, in all instances in which the person enters a plea of guilty or no contest or is Page 3of 10 CODING:
hb1077-02-c2 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 CS/CS/HB1077 2024 costs.
hb1077-01-c1 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 CS/HB1077 2024 found to be in violation or guilty of any count or lesser included offense of the charge or companion case charges, regardless of adjudication.
The person charged with the violation shall be assessed a fee for the services of a public defender or regional counsel and other costs and fees paid by the county or municipality, which assessed fee may be reduced to a lien, in all instances in which the person enters a plea of guilty or no contest or is found to be in violation or guilty of any count or lesser included offense of the charge or companion case charges, regardless of adjudication.
However, all appointments of private counsel under this section shall be Page 4of 10 CODING:
However, all appointments of private counsel under this section shall be in accordance with ss.
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words underlined are additions.
hb1077-02-c2 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 CS/CS/HB1077 2024 in accordance with ss.
Paragraph (a) of subsection (3) of section 28.35, Florida Statutes, is amended to read:
Paragraphs (c) and (d) of subsection (1) of section 34.041, Florida Statutes, are amended to read:
28.35 Florida Clerks of Court Operations Corporation.— (3)(a) The list of court-related functions that clerks may fund from filing fees, service charges, court costs, and fines is limited to those functions expressly authorized by law or court rule.
34.041 Filing fees.— (1) Page 4of 10 CODING:
Those functions include the following:
case maintenance;
records management;
court preparation and attendance;
processing the assignment, reopening, and reassignment of cases;
processing of appeals;
collection and distribution of fines, fees, service charges, and court costs;
processing of bond forfeiture payments;
data collection and reporting;
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determinations of indigent status;
improving court technology;
and paying reasonable administrative support costs to enable the clerk of the court to carry out these court- related functions.
Section 5.
Paragraph (d) of subsection (1) of section 34.041, Florida Statutes, is amended to read:
34.041 Filing fees.— (1) (d) The clerk of court shall collect a service charge of $10 for issuing a summons or an electronic certified copy of a summons, which the clerk shall deposit into the fine and forfeiture fund established pursuant to s.
142.01 remit to the Page 5of 10 CODING:
hb1077-02-c2 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 CS/CS/HB1077 2024 Department of Revenue for deposit into the General Revenue Fund.
hb1077-01-c1 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 CS/HB1077 2024 (c) A party in addition to a party described in paragraph (a) who files a pleading in an original civil action in the county court for affirmative relief by cross-claim, counterclaim, counterpetition, or third-party complaint, or who files a notice of cross-appeal or notice of joinder or motion to intervene as an appellant, cross-appellant, or petitioner, shall pay the clerk of court a fee of $295 if the relief sought by the party under this paragraph exceeds $2,500 but is not more than $15,000 and $395 if the relief sought by the party under this paragraph exceeds $15,000.
The clerk shall deposit remit the fee if the relief sought by the party under this paragraph exceeds $2,500 but is not more than $15,000 to the Department of Revenue for deposit into the fine and forfeiture fund established pursuant to s.
142.01 General Revenue Fund.
This fee does not apply if the cross-claim, counterclaim, counterpetition, or third-party complaint requires transfer of the case from county to circuit court.
However, the party shall pay to the clerk the standard filing fee for the court to which the case is to be transferred.
(d) The clerk of court shall collect a service charge of $10 for issuing a summons or an electronic certified copy of a summons, which the clerk shall deposit into the fine and forfeiture fund established pursuant to s.
142.01 remit to the Department of Revenue for deposit into the General Revenue Fund.
Section 6.
Page 5of 10 CODING:
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words underlined are additions.
hb1077-01-c1 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 CS/HB1077 2024 Section 5.
Section 7.
Section 6.
(d) Report annually to the Justice Administrative Commission on the implementation, continuance, updating, and Page 6of 10 CODING:
(d) Report annually to the Justice Administrative Commission on the implementation, continuance, updating, and results of his or her affirmative action program for the previous fiscal year.
Section 7.
Subsection (6) of section 186.003, Florida Page 6of 10 CODING:
hb1077-02-c2 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 CS/CS/HB1077 2024 results of his or her affirmative action program for the previous fiscal year.
hb1077-01-c1 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 CS/HB1077 2024 Statutes, is amended to read:
Section 8.
Subsection (6) of section 186.003, Florida Statutes, is amended to read:
Section 9.
Section 8.
Subsection (18) of section 318.18, Florida Statutes, is amended to read:
318.18 Amount of penalties.—The penalties required for a noncriminal disposition pursuant to s.
318.14 or a criminal offense listed in s.
318.17 are as follows:
(18) In addition to any penalties imposed, an administrative fee of $12.50 must be paid for all noncriminal moving and nonmoving violations under chapters 316, 320, and 322.
Of this administrative fee, $6.25 must be deposited into the Public Records Modernization Trust Fund and used exclusively for funding court-related technology needs of the clerk, as Page 7of 10 CODING:
Words strickenare deletions;
words underlined are additions.
hb1077-02-c2 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 CS/CS/HB1077 2024 defined in s.
29.008(1)(f)2.
and (h), and $6.25 must be deposited into the fine and forfeiture fund established pursuant to s.
142.01 The clerk shall remit the administrative fee to the Department of Revenue for deposit into the General Revenue Fund.
Section 10.
(b) As a result of the end of suspension because of points, under s.
(b) As a result of the end of suspension because of Page 7of 10 CODING:
Words strickenare deletions;
words underlined are additions.
hb1077-01-c1 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 CS/HB1077 2024 points, under s.
A person applying for the Page 8of 10 CODING:
A person applying for the reinstatement of a driver license suspended under s.
Words strickenare deletions;
words underlined are additions.
hb1077-02-c2 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 CS/CS/HB1077 2024 reinstatement of a driver license suspended under s.
(b) Amount of fees and costs collected, including the aggregate funds received by the clerk, local governmental entities, and state entities, including the General Revenue Fund.
Page 8of 10 CODING:
(c) The personnel, operating, and other expenditures incurred by the clerk.
(d) Feedback received from the community, if any, in Page 9of 10 CODING:
hb1077-02-c2 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 CS/CS/HB1077 2024 response to the clerk's participation in the pilot program.
hb1077-01-c1 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 CS/HB1077 2024 (b) Amount of fees and costs collected, including the aggregate funds received by the clerk, local governmental entities, and state entities, including the General Revenue Fund.
(c) The personnel, operating, and other expenditures incurred by the clerk.
(d) Feedback received from the community, if any, in response to the clerk's participation in the pilot program.
Section 11.
Section 9.
501.211 shall be deposited as received in the Legal Affairs Revolving Trust Fund if the action is brought by the Department of Legal Affairs, and in the Grants and Donations Consumer Frauds Trust Fund of a state attorney the Justice Administrative Commission if the action is brought by the a state attorney.
501.211 shall be deposited as received in the Legal Affairs Revolving Trust Fund if the action is brought by the Department of Legal Affairs, and in the Grants Page 9of 10 CODING:
Section 12.
Words strickenare deletions;
words underlined are additions.
hb1077-01-c1 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 CS/HB1077 2024 and Donations Consumer Frauds Trust Fund of a state attorney the Justice Administrative Commission if the action is brought by the a state attorney.
Section 10.
hb1077-02-c2
hb1077-01-c1
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Action History

  1. Chapter No. 2024-153

  2. Approved by Governor

  3. Signed by Officers and presented to Governor

  4. Ordered enrolled

  5. In Messages

  6. CS passed; YEAS 40 NAYS 0

  7. Read 3rd time

  8. Read 2nd time

  9. Substituted for CS/CS/CS/SB 1470

  10. Placed on Calendar, on 2nd reading

  11. Withdrawn from Appropriations

  12. Received

  13. Referred to Appropriations

  14. In Messages

  15. CS passed as amended; YEAS 111, NAYS 0

  16. Read 3rd time

  17. Added to Third Reading Calendar

  18. Placed on 3rd reading

  19. Amendment 652249 adopted

  20. Read 2nd time

  21. Bill added to Special Order Calendar (2/29/2024)

  22. Added to Second Reading Calendar

  23. Bill referred to House Calendar

  24. 1st Reading (Committee Substitute 2)

  25. CS Filed

  26. Laid on Table under Rule 7.18(a)

  27. Reported out of Appropriations Committee

  28. Favorable with CS by Appropriations Committee

  29. Added to Appropriations Committee agenda

  30. Now in Appropriations Committee

  31. Referred to Appropriations Committee

  32. Original reference removed: Judiciary Committee

  33. 1st Reading (Committee Substitute 1)

  34. CS Filed

  35. Laid on Table under Rule 7.18(a)

  36. Reported out of Justice Appropriations Subcommittee

  37. Favorable with CS by Justice Appropriations Subcommittee

  38. Added to Justice Appropriations Subcommittee agenda

  39. Now in Justice Appropriations Subcommittee

  40. Reported out of Civil Justice Subcommittee

  41. Favorable by Civil Justice Subcommittee

  42. Added to Civil Justice Subcommittee agenda

  43. 1st Reading (Original Filed Version)

  44. Now in Civil Justice Subcommittee

  45. Referred to Judiciary Committee

  46. Referred to Justice Appropriations Subcommittee

  47. Referred to Civil Justice Subcommittee

  48. Filed

Sponsors

Sponsorship breakdown

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3 sponsors · 14 co-sponsors · 147 not signed on

Sponsors (3)

  • Appropriations Committee
  • Justice Appropriations Subcommittee
  • Botana, Adam Republican

Co-sponsors (14)

Not signed on (147)

147 members have not signed on to this bill.

Show all 147 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Third Reading

Passed 40 Yea · 0 Nay
Party YeaNayPresentNot Voting
Republican 22000
Democrat 6000
Unaffiliated 11000
No Party Affiliation 1000
Total 40000
% of votes cast 100%0%0%0%
How each member voted (40)
Member Party Vote
Powell — Yea
Baxley — Yea
Book — Yea
Stewart — Yea
Hutson — Yea
Ingoglia — Yea
Torres — Yea
Broxson — Yea
Collins — Yea
Perry — Yea
Thompson, Geraldine F. "Geri" — Yea
Berman, Lori Democrat Yea
Davis, Tracie Democrat Yea
Jones, Shevrin D. "Shev" Democrat Yea
Osgood, Rosalind Democrat Yea
Polsky, Tina Scott Democrat Yea
Rouson, Darryl Ervin Democrat Yea
Pizzo, Jason W. B. No Party Affiliation Yea
Albritton, Ben Republican Yea
Boyd, Jim Republican Yea
Bradley, Jennifer Republican Yea
Brodeur, Jason Republican Yea
Burgess, Danny Republican Yea
Burton, Colleen Republican Yea
Calatayud, Alexis Republican Yea
DiCeglie, Nick Republican Yea
Garcia, Ileana Republican Yea
Grall, Erin Republican Yea
Gruters, Joe Republican Yea
Harrell, Gayle Republican Yea
Hooper, Ed Republican Yea
Martin, Jonathan Republican Yea
Mayfield, Debbie Republican Yea
Passidomo, Kathleen Republican Yea
Rodriguez, Ana Maria Republican Yea
Simon, Corey Republican Yea
Trumbull, Jay Republican Yea
Vacant Republican Yea
Wright, Tom A. Republican Yea
Yarborough, Clay Republican Yea

Official roll call →

Passage, Third Reading

Passed 111 Yea · 0 Nay · 9 Other
Party YeaNayPresentNot Voting
Republican 63003
Democrat 24005
Unaffiliated 24001
Total 111009
% of votes cast 93%0%0%8%
How each member voted (120)
Member Party Vote
Altman — Yea
Payne — Yea
Amesty — Yea
Fine — Yea
Renner — Yea
Roach — Yea
Bell — Yea
Grant — Yea
Beltran — Yea
Rommel — Yea
Benjamin — Yea
Roth — Yea
Rudman — Yea
Silvers — Yea
Keen — Yea
Killebrew — Yea
Stevenson — Yea
Caruso — Yea
Temple — Yea
Tomkow — Yea
Clemons — Yea
Waldron — Yea
Williams — Yea
Casello — Not Voting
Lopez, V. — Yea
Antone, Bruce Hadley Democrat Yea
Arrington, Kristen Aston Democrat Yea
Bartleman, Robin Democrat Yea
Bracy Davis, LaVon Democrat Yea
Campbell, Daryl Democrat Yea
Chambliss, Kevin D. Democrat Not Voting
Cross, Lindsay Democrat Yea
Daley, Dan Democrat Yea
Daniels, Kimberly Democrat Yea
Driskell, Fentrice Democrat Yea
Dunkley, Lisa Democrat Yea
Edmonds, Jervonte "Tae" Democrat Yea
Eskamani, Dr. Anna V. Democrat Yea
Franklin II, Gallop Democrat Yea
Gantt, Ashley Viola Democrat Yea
Gottlieb, Michael "Mike" Democrat Yea
Gregory, Emily Democrat Yea
Harris, Jennifer "Rita" Democrat Yea
Hart-Lowman, Dianne "Ms Dee" Democrat Not Voting
Hinson, Yvonne Hayes Democrat Yea
Hunschofsky, Christine Democrat Yea
Joseph, Dotie Democrat Not Voting
López, Johanna Democrat Yea
Nixon, Angela "Angie" Democrat Not Voting
Rayner, Michele K. Democrat Yea
Robinson, Felicia Simone Democrat Not Voting
Skidmore, Kelly Democrat Yea
Tant, Allison Democrat Yea
Woodson, Marie Paule Democrat Yea
Abbott, Shane G. Republican Yea
Alvarez, Daniel Antonio "Danny" Republican Yea
Anderson, Adam Republican Yea
Andrade, Robert Alexander "Alex" Republican Yea
Baker, Jessica Republican Yea
Bankson, Douglas Michael "Doug" Republican Yea
Barnaby, Webster Republican Not Voting
Basabe, Fabián Republican Yea
Berfield, Kimberly Republican Yea
Black, Dean Republican Yea
Borrero, David Republican Yea
Botana, Adam Republican Yea
Brackett, Robert A. "Robbie" Republican Yea
Brannan III, Robert Charles "Chuck" Republican Yea
Buchanan, James Republican Yea
Busatta, Demi Republican Yea
Canady, Jennifer Republican Yea
Cassel, Hillary Republican Yea
Chamberlin, Ryan Republican Yea
Chaney, Linda Republican Yea
Duggan, Wyman Republican Yea
Esposito, Tiffany Republican Yea
Fabricio, Tom Republican Yea
Garcia, Ileana Republican Yea
Garrison, Sam Republican Yea
Giallombardo, Mike Republican Yea
Gonzalez Pittman, Karen Republican Yea
Gossett-Seidman, Peggy Republican Yea
Griffitts Jr., Philip Wayne "Griff" Republican Yea
Holcomb, Jeff Republican Yea
Jacques, Berny Republican Yea
Koster, Traci Republican Yea
LaMarca, Chip Republican Yea
Leek, Thomas J. "Tom" Republican Yea
Maggard, Randall Scott "Randy" Republican Not Voting
Maney, Patt Republican Yea
Massullo, Ralph E., Jr. Republican Yea
McClain, Stan Republican Yea
McClure, Lawrence Republican Yea
McFarland, Fiona Republican Not Voting
Melo, Lauren Republican Yea
Michael, Kiyan Republican Yea
Mooney Jr., James Vernon "Jim" Republican Yea
Overdorf, Tobin Rogers "Toby" Republican Yea
Perez, Daniel Republican Yea
Persons-Mulicka, Jenna Republican Yea
Plakon, Rachel Saunders Republican Yea
Plasencia, Susan Republican Yea
Porras, Juan Carlos Republican Yea
Redondo, Mike Republican Yea
Rizo, Alex Republican Yea
Robinson Jr., William Cloud "Will" Republican Yea
Salzman, Michelle Republican Yea
Shoaf, Jason Republican Yea
Sirois, Tyler I. Republican Yea
Smith, David Republican Yea
Snyder, John Republican Yea
Stark, Paula A. Republican Yea
Steele, Kevin M. Republican Yea
Trabulsy, Dana Republican Yea
Tramont, Chase Republican Yea
Truenow, Keith L. Republican Yea
Tuck, Kaylee Republican Yea
Valdés, Susan L. Republican Yea
Yarkosky, Taylor Michael Republican Yea
Yeager, Bradford Troy "Brad" Republican Yea

Official roll call →

Subjects

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Frequently asked questions

What does HB 1077 do?
Clerks of Court; Revises fund into which moneys recovered by state attorneys must be remitted; revises fund into which payments received must be remitted as related to public defenders or regional counsels; revises entity that funds capital collateral regional counsel; revises list of court-related functions that clerks may fund from filing fees, service charges, court costs, & fines; revises fund into which filing fees are to be deposited; revises distribution of administrative fees; creates Clerk of Court Driver License Reinstatement Pilot Program; revises funds into which certain moneys received by state attorneys must be deposited.
Who sponsors HB 1077?
HB 1077 is sponsored by Appropriations Committee, Justice Appropriations Subcommittee, Botana, Adam (Republican), Anderson, Adam (Republican), Bankson, Douglas Michael "Doug" (Republican), Bell, Berfield, Kimberly (Republican), Chaney, Linda (Republican), Harris, Jennifer "Rita" (Democrat), Killebrew, Leek, Thomas J. "Tom" (Republican), López, Johanna (Democrat), Maney, Patt (Republican), Stark, Paula A. (Republican), Tant, Allison (Democrat), Trabulsy, Dana (Republican), and Valdés, Susan L. (Republican).
What is the current status of HB 1077?
This bill has been enacted into law. Introduced December 30, 2023. Enacted.
Where can I track HB 1077?
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