9141879, 12-28.001 - Florida Administrative Rules, Law, Code, Register

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Notice: 9141879

Notice of Development of Rulemaking

Department:

DEPARTMENT OF REVENUE

Chapter:

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

Overview

RULE:

12-28.001	Scope
12-28.002	Definitions
12-28.003	Enrollment Procedures
12-28.004	Transmitting Funds and Return/Remittance Detail to the Department
12-28.008	Due Date; General Provisions
12-28.009	Distribution of Funds Received by the Department

PURPOSE:

The purpose of the proposed amendments to Rule Chapter 12-28, F.A.C., is to expand the chapter to include provisions for the remittance of red light camera penalties collected by municipalities or counties to the Department for disbursement to designated state funds, as provided in Section 316.0083, F.S., created by Section 5, Chapter 2010-80, L.O.F. The rule title will be changed to “Remittance Requirements for Clerks of the Court, Municipalities, and Counties,” to reflect the electronic remittance requirements of the penalty imposed under Section 316.0083, F.S. In addition, the rule chapter is being updated to reflect the following law changes regarding the remittance/reporting of court-related fees by Clerks of the Court to the Department for distribution to designated state funds:
• Section 12, Chapter 2010-162, L.O.F., amends Section 28.245, F.S., to require Clerks of the Court to remit court-related charges to the Department by the 10th day of the month following the month of collection;
• Section 5, Chapter 2010-163, L.O.F., amends Section 322.20(11)(a), F.S., to require that the fees collected by the Clerk of the Court for providing transcripts or other documents or for assisting in search for an individual's driver history record be remitted to the Department within five working days, unless a shorter time is required by law;
• Section 13, Chapter 2010-134, L.O.F., imposes an administrative fee for trustee deeds recorded as provided in Section 721.855 and 721.856, F.S., required to be collected by the Clerk of the Court and remitted to the Department weekly in the same manner as the documentary stamp tax collected by the Clerk of the Court; and
• Sections 4, 5, and 19, Chapter 2009-204, L.O.F., repeal Section 28.37(4), F.S., removing provisions for the remittance of the amount of funds in excess of the approved budget amount established in Section 28.36, F.S., to the Department, and transfer the Department of Revenue Clerk of Court Trust Fund to the Justice Administrative Commission.
When effective, this rule chapter will include updated provisions for the electronic remittance and reporting of funds from all court-related charges collected by Clerks of the Court, and include provisions for the red light camera penalties imposed and collected by municipalities and counties and remitted to the Department for distribution to designated state funds.

SUBJECT:

The subject of this workshop is the proposed changes to Rule Chapter 12-28, F.A.C., regarding the remittance and reporting requirements for the:
• Clerk of the Court Remittance System established for remitting/reporting court-related funds to the Department for distribution to reflect the changes provided in Section 12, Chapter 2010-162, L.O.F., Section 5, Chapter 2010-163, L.O.F., Section 13, Chapter 2010-134, L.O.F., and Sections 4, 5, and 19, Chapter 2009-204, L.O.F.
• Red Light Camera Penalty Remittance System established for remitting/reporting the red light camera penalties to the Department for distribution to designated state funds as provided in Section 5, Chapter 2010-80, L.O.F.

RULEMAKING AUTHORITY:

213.06(1), 213.13 FS.

LAW:

28.245, 213.13, 219.07, 316.0083, 322.20(11) FS., s. 13, Ch. 2010-134, L.O.F.

PRINT PUBLISH DATE:

9/24/2010 Vol. 36/38

RELATED STATUTES
AND LAWS:

213.06(1), 213.13 FS., 28.245, 213.13, 219.07, 316.0083, 322.20(11) FS., s. 13, Ch. 2010-134, L.O.F.

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://www.flrules.org/gateway/ruleno.asp?id=12-28.001&PDate=9/24/2010&Section=1

REFERENCE MATERIALS:

No reference(s).

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