13325198, 12-28.008 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 13325198

Notice of Development of Rulemaking

Department:

DEPARTMENT OF REVENUE

Chapter:

REMITTANCE REQUIREMENTS FOR CLERKS OF THE COURT, MUNICIPALITIES, AND COUNTIES

Overview

RULE:

12-28.008

Due Date; General Provisions

PURPOSE:

Section 8, Chapter 2013-44, L.O.F., provides beginning November 1, 2013, the clerks are required to remit to the Department by the 10th of each month that portion of the filing fees collected in the previous month that is in excess of one-twelfth of the clerk’s total budget amount. By January 25, 2015, and each January 25th thereafter, clerks are required to remit to the Department the cumulative excess of all fines, fees, service charges, costs retained by the clerk, and funds received from the Clerks of the Court Trust Fund, that exceed the clerk’s authorized budget amounts. When the Florida Clerks of Court Operations Corporation determines upon investigation that additional funds are due by the clerk to the Department, the clerk and the Department will be notified of the amount due. The clerk is required to remit the amount due by the 10th day of the month following the month of notification.
The purpose of the proposed amendments to Rule 12-28.008, F.A.C. (Due Date; General Provisions), is to include the remittance requirements and due dates, as provided in section 8, Chapter 2013-44, L.O.F., and to remove obsolete provisions regarding late payments. When in effect, this rule will provide the statutory due dates for remittances of funds by the clerks of the court to the Department.

SUBJECT:

The subject of the rule workshop is the due dates for remittances of fines, fees, and service charges collected by the clerks of the court to the Department for disbursement, as provided in section 8, Chapter 2013-44, L.O.F.

RULEMAKING AUTHORITY:

213.06(1), 213.13 FS.

LAW:

28.241(1)(a)1., 28.245, 28.37, 34.041(1)(b), 213.13, 219.07, 316.0083, 322.20(11), 721.8561 FS.

PRINT PUBLISH DATE:

8/2/2013 Vol. 39/150

RELATED STATUTES
AND LAWS:

213.06(1), 213.13 FS., 28.241(1)(a)1., 28.245, 28.37, 34.041(1)(b), 213.13, 219.07, 316.0083, 322.20(11), 721.8561 FS.

OVERSIGHT COMMITTEE:

Joint Administrative Procedures Committee
Florida Administrative Law Central Online Network (F.A.L.C.O.N.)

RELATED COURT CASES:

Division of Administrative Hearings

FEDERAL eRULEMAKING
WEB PORTAL:

Regulations.gov

HOW TO LINK TO
THIS NOTICE:

http://flrules.org/gateway/ruleno.asp?id=12-28.008&PDate=8/2/2013&Section=1

REFERENCE MATERIALS:

No reference(s).

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