Senate Bill sb0448c1

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    Florida Senate - 2007                            CS for SB 448

    By the Committee on Judiciary; and Senator Fasano





    590-1993-07

  1                      A bill to be entitled

  2         An act relating to county funding of additional

  3         court personnel; amending s. 29.0081, F.S.;

  4         specifying that the county be considered the

  5         employer; providing that employees funded by

  6         the county under this section and other county

  7         employees may be aggregated for purposes of a

  8         flexible benefits plan; providing an effective

  9         date.

10  

11  Be It Enacted by the Legislature of the State of Florida:

12  

13         Section 1.  Section 29.0081, Florida Statutes, is

14  amended to read:

15         29.0081  County funding of additional court

16  personnel.--

17         (1)  A county and the chief judge of a judicial circuit

18  that includes that county may enter into an agreement under

19  which the county funds personnel positions to assist in the

20  operation of the circuit.

21         (2)  The agreement shall, at a minimum, provide that:

22         (a)  Funding for the positions is provided on at least

23  a court fiscal-year basis.

24         (b)  The personnel whose employment is funded under the

25  agreement are employees of the judicial circuit and are hired,

26  supervised, managed, and fired by personnel of the judicial

27  circuit. The county shall be considered the employer for

28  purposes of s. 440.10 and chapter 443. Employees funded by the

29  county under this section and other county employees may be

30  aggregated for purposes of a flexible benefits plan pursuant

31  to s. 125 of the Internal Revenue Code of 1986.

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    Florida Senate - 2007                            CS for SB 448
    590-1993-07




 1         (c)  The positions terminate upon the expiration of, or

 2  substantial breach of, the agreement or upon the expiration of

 3  county funding for the positions. of, the agreement or upon

 4  the expiration of county funding for the positions.

 5         (3)  Positions funded under this section shall be

 6  full-time equivalent positions of the judicial circuit but

 7  shall not count against any formula or similar process used by

 8  the Office of the State Courts Administrator to determine

 9  personnel needs or levels of a judicial circuit.

10         (4)  Nothing in this section obligates the state to

11  fund any personnel positions.

12         Section 2.  This act shall take effect July 1, 2007.

13  

14          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
15                         Senate Bill 448

16                                 

17  --   Deletes language from existing law that conflicts with
         the purpose of the bill to clarify that the county is
18       considered the employer of county-funded personnel who
         assist in the operation of the circuit court
19       (county-funded employees).

20  --   Deletes a provision that would have amended s. 29.0081,
         F.S., to require counties to provide a certain level of
21       benefits to county-funded employees.

22  --   Changes a reference from s. 443.036(19), F.S., to ch.
         443, F.S., to reflect the applicability of the full
23       "Unemployment Compensation Law" versus a single
         provision.
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