THE BILL ITSELF
CS/HB 925
Clerks of the Court
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An act relating to clerks of the court; amending s.
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28.37, F.S.; authorizing the cumulative excess of
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funds to be used in the development of the total
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combined budgets of the clerks of the court; amending
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ss. 28.35 and 28.36, F.S.; conforming provisions to
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changes made by the act; amending s. 50.0311, F.S.;
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revising the definition of the term "publicly
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accessible website"; amending s. 318.18, F.S.;
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providing exceptions to requirements that certain
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civil penalties be remitted to school districts;
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amending s. 318.21, F.S.; increasing the percentage of
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certain penalties which must be deposited into the
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fine and forfeiture fund and decreasing the percentage
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of certain penalties that must be paid to a
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municipality; providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Paragraph (b) of subsection (4) of section
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28.37, Florida Statutes, is amended to read:
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28.37 Fines, fees, service charges, and costs remitted to
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the state.—
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(4)
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(b) No later than February 1, 2022, and each February 1
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thereafter, the Department of Revenue shall transfer 50 percent
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of The cumulative excess of the original revenue projection from
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the Clerks of the Court Trust Fund to the General Revenue Fund.
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The remaining 50 percent in the Clerks of the Court Trust Fund
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may be used in the development of the total combined budgets of
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the clerks of the court as provided in s. 28.35(2)(f)6. However,
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a minimum of 10 percent of the clerk-retained portion of the
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cumulative excess amount must be held in reserve until such
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funds reach an amount equal to at least 16 percent of the total
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budget authority from the current county fiscal year, as
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provided in s. 28.36(3)(a).
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Section 2. Paragraph (f) of subsection (2) of section
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28.35, Florida Statutes, is amended to read:
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28.35 Florida Clerks of Court Operations Corporation.—
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(2) The duties of the corporation shall include the
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following:
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(f) Approving the proposed budgets submitted by clerks of
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the court pursuant to s. 28.36. The corporation must ensure that
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the total combined budgets of the clerks of the court do not
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exceed the total estimated revenues from fees, service charges,
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court costs, and fines for court-related functions available for
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court-related expenditures as determined by the most recent
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Revenue Estimating Conference, plus the total of unspent
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budgeted funds for court-related functions carried forward by
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the clerks of the court from the previous county fiscal year,
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plus the cumulative excess as provided in balance of funds
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remaining in the Clerks of the Court Trust Fund after the
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transfer of funds to the General Revenue Fund required pursuant
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to s. 28.37(4)(b), and plus any appropriations for court-related
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functions. The corporation may amend any individual clerk of the
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court budget to ensure compliance with this paragraph and must
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consider performance measures, workload performance standards,
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workload measures, and expense data before modifying the budget.
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As part of this process, the corporation shall:
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1. Calculate the minimum amount of revenue necessary for
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each clerk of the court to efficiently perform the list of
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court-related functions specified in paragraph (3)(a). The
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corporation shall apply the workload measures appropriate for
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determining the individual level of review required to fund the
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clerk's budget.
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2. Prepare a cost comparison of similarly situated clerks
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of the court, based on county population and numbers of filings,
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using the standard list of court-related functions specified in
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paragraph (3)(a).
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3. Conduct an annual base budget review and an annual
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budget exercise examining the total budget of each clerk of the
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court. The review shall examine revenues from all sources,
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expenses of court-related functions, and expenses of noncourt-
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related functions as necessary to determine that court-related
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revenues are not being used for noncourt-related purposes. The
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review and exercise shall identify potential targeted budget
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reductions in the percentage amount provided in Schedule VIII-B
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of the state's previous year's legislative budget instructions,
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as referenced in s. 216.023(3), or an equivalent schedule or
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instruction as may be adopted by the Legislature.
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4. Identify those proposed budgets containing funding for
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items not included on the standard list of court-related
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functions specified in paragraph (3)(a).
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5. Identify those clerks projected to have court-related
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revenues insufficient to fund their anticipated court-related
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expenditures.
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6. Use revenue estimates based on the official estimate
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for funds from fees, service charges, court costs, and fines for
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court-related functions accruing to the clerks of the court made
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by the Revenue Estimating Conference, as well as any unspent
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budgeted funds for court-related functions carried forward by
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the clerks of the court from the previous county fiscal year and
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the cumulative excess as provided in balance of funds remaining
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in the Clerks of the Court Trust Fund after the transfer of
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funds to the General Revenue Fund required pursuant to s.
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28.37(4)(b), plus any appropriations for the purpose of funding
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court-related functions.
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7. Identify pay and benefit increases in any proposed
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clerk budget, including, but not limited to, cost of living
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increases, merit increases, and bonuses.
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8. Identify increases in anticipated expenditures in any
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clerk budget that exceeds the current year budget by more than 3
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percent.
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9. Identify the budget of any clerk which exceeds the
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average budget of similarly situated clerks by more than 10
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percent.
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For the purposes of this paragraph, the term "unspent budgeted
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funds for court-related functions" means undisbursed funds
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included in the clerks of the courts budgets for court-related
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functions established pursuant to this section and s. 28.36.
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Section 3. Paragraph (b) of subsection (2) and paragraph
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(a) of subsection (3) of section 28.36, Florida Statutes, are
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amended to read:
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28.36 Budget procedure.—There is established a budget
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procedure for the court-related functions of the clerks of the
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court.
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(2) Each proposed budget shall further conform to the
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following requirements:
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(b) The proposed budget must be balanced such that the
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total of the estimated revenues available equals or exceeds the
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total of the anticipated expenditures. Such revenues include
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revenue projected to be received from fees, service charges,
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court costs, and fines for court-related functions during the
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fiscal period covered by the budget, plus the total of unspent
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budgeted funds for court-related functions carried forward by
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the clerk of the court from the previous county fiscal year and
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the cumulative excess as provided in plus the portion of the
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balance of funds remaining in the Clerks of the Court Trust Fund
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after the transfer of funds to the General Revenue Fund required
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pursuant to s. 28.37(4)(b) which has been allocated to each
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respective clerk of the court by the Florida Clerks of Court
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Operations Corporation. For the purposes of this paragraph, the
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term "unspent budgeted funds for court-related functions" means
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undisbursed funds included in the clerk of the courts' budget
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for court related functions established pursuant to s. 28.35 and
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this section. The anticipated expenditures must be itemized as
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required by the corporation.
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(3)(a) The Florida Clerks of Court Operations Corporation
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shall establish and manage a reserve for contingencies within
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the Clerks of the Court Trust Fund which must consist of an
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amount not to exceed 16 percent of the total budget authority
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for the clerks of court during the current county fiscal year,
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to be carried forward at the end of the fiscal year. Funds to be
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held in reserve include the transfers of cumulative excess, as
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provided in s. 28.37(4)(b), from the Clerks of the Court Trust
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Fund and may also include revenues provided by law or moneys
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appropriated by the Legislature.
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Section 4. Subsection (2) of section 50.0311, Florida
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Statutes, is amended to read:
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50.0311 Publication of advertisements and public notices
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on a publicly accessible website and governmental access
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channels.—
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(2) For purposes of notices and advertisements required
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under s. 50.011, the term "publicly accessible website" means a
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county's official website or other private website designated by
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the county for the publication of legal notices and
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advertisements that is accessible via the Internet. For legal
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notices and advertisements regarding real property required
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under s. 50.011 by a clerk of the circuit court or county
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comptroller, the term "publicly accessible website" means such
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entity's website, a private website designated by such entity, a
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county's official website, or a private website designated by
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the county in which such entity is located. All advertisements
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and public notices published on a website as provided in this
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chapter must be in searchable form and indicate the date on
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which the advertisement or public notice was first published on
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the website.
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Section 5. Paragraphs (a) and (b) of subsection (5) of
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section 318.18, Florida Statutes, are amended to read:
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318.18 Amount of penalties.—The penalties required for a
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noncriminal disposition pursuant to s. 318.14 or a criminal
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offense listed in s. 318.17 are as follows:
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(5)(a)1. Except as provided in subparagraph 2., $200 for a
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violation of s. 316.172(1)(a), failure to stop for a school bus.
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If, at a hearing, the alleged offender is found to have
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committed this offense, the court shall impose a minimum civil
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penalty of $200. In addition to this penalty, for a second or
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subsequent offense within a period of 5 years, the department
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shall suspend the driver license of the person for not less than
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180 days and not more than 1 year.
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2. If a violation of s. 316.172(1)(a) is enforced by a
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school bus infraction detection system pursuant to s. 316.173,
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the penalty of $200 shall be imposed. If, at an administrative
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hearing contesting a notice of violation or uniform traffic
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citation, the alleged offender is found to have committed this
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offense, a minimum civil penalty of $200 shall be imposed.
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Notwithstanding any other provision of law except s. 28.37(6),
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the civil penalties assessed under this subparagraph resulting
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from a notice of violation or uniform traffic citation shall be
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remitted to the school district at least monthly and used
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pursuant to s. 316.173(8).
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(b)1. Except as provided in subparagraph 2., $400 for a
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violation of s. 316.172(1)(b), passing a school bus on the side
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that children enter and exit when the school bus displays a stop
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signal. If, at a hearing, the alleged offender is found to have
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committed this offense, the court shall impose a minimum civil
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penalty of $400.
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2. If a violation of s. 316.172(1)(b) is enforced by a
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school bus infraction detection system pursuant to s. 316.173,
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the penalty under this subparagraph is a minimum of $200. If, at
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a hearing contesting a notice of violation or uniform traffic
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citation, the alleged offender is found to have committed this
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offense, the court shall impose a minimum civil penalty of $200.
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Notwithstanding any other provision of law except s. 28.37(6),
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the civil penalties assessed under this subparagraph resulting
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from notice of violation or uniform traffic citation shall be
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remitted to the school district at least monthly and used
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pursuant to s. 316.173(8).
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3. In addition to this penalty, for a second or subsequent
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offense within a period of 5 years, the department shall suspend
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the driver license of the person for not less than 360 days and
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not more than 2 years.
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Section 6. Paragraph (g) of subsection (2) of section
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318.21, Florida Statutes, is amended to read:
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318.21 Disposition of civil penalties by county courts.—
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All civil penalties received by a county court pursuant to the
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provisions of this chapter shall be distributed and paid monthly
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as follows:
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(2) Of the remainder:
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(g)1. If the violation occurred within a special
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improvement district of the Seminole Indian Tribe or Miccosukee
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Indian Tribe, 56.4 percent shall be paid to that special
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improvement district.
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2. If the violation occurred within a municipality, 28.2
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50.8 percent shall be paid to that municipality and 28.2 5.6
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percent shall be deposited into the fine and forfeiture trust
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fund established pursuant to s. 142.01.
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3. If the violation occurred within the unincorporated
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area of a county, including the unincorporated areas, if any, of
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a government created pursuant to s. 6(e), Art. VIII of the State
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Constitution, that is not within a special improvement district
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of the Seminole Indian Tribe or Miccosukee Indian Tribe, 56.4
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percent shall be deposited into the fine and forfeiture fund
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established pursuant to s. 142.01.
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Section 7. This act shall take effect July 1, 2026.