Florida Senate - 2009                        COMMITTEE AMENDMENT
       Bill No. CS for SB 2108
       
       
       
       
       
       
                                Barcode 773676                          
       
                              LEGISLATIVE ACTION                        
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       The Committee on Criminal and Civil Justice Appropriations
       (Crist) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5  
    6         Section 1. Subsection (4) of section 28.36, Florida
    7  Statutes, is amended to read:
    8         28.36 Budget procedure.—There is hereby established a
    9  budget procedure for the court-related functions of the clerks
   10  of the court.
   11         (4) If a clerk of the court estimates that available funds
   12  plus projected revenues from fines, fees, service charges, and
   13  costs for court-related services are insufficient to meet the
   14  anticipated expenditures for the standard list of court-related
   15  functions in s. 28.35(4)(a) performed by his or her office, the
   16  clerk must report the revenue deficit to the Clerks of Court
   17  Operations Corporation in the manner and form prescribed by the
   18  corporation pursuant to contract with the Chief Financial
   19  Officer. The corporation shall verify that the proposed budget
   20  is limited to the standard list of court-related functions in s.
   21  28.35(4)(a).
   22         (a) If the corporation verifies that the proposed budget is
   23  limited to the standard list of court-related functions in s.
   24  28.35(4)(a) and a revenue deficit is projected, a clerk seeking
   25  to retain revenues pursuant to this subsection shall increase
   26  all fees, service charges, and any other court-related clerk
   27  fees and charges to the maximum amounts specified by law or the
   28  amount necessary to resolve the deficit, whichever is less. If,
   29  after increasing fees, service charges, and any other court
   30  related clerk fees and charges to the maximum amounts specified
   31  by law, a revenue deficit is still projected, the corporation
   32  shall, pursuant to the terms of the contract with the Chief
   33  Financial Officer, certify a revenue deficit and notify the
   34  Department of Revenue that the clerk is authorized to retain
   35  revenues, in an amount necessary to fully fund the projected
   36  revenue deficit, which he or she would otherwise be required to
   37  remit to the Department of Revenue for deposit into the
   38  Department of Revenue Clerks of the Court Trust Fund pursuant to
   39  s. 28.37. If a revenue deficit is projected for that clerk after
   40  retaining all of the projected collections from the court
   41  related fines, fees, service charges, and costs, the Department
   42  of Revenue shall certify the amount of the revenue deficit
   43  amount to the Executive Office of the Governor and request
   44  release authority for funds appropriated for this purpose from
   45  the Department of Revenue Clerks of the Court Trust Fund.
   46  Notwithstanding provisions of s. 216.192 related to the release
   47  of funds, the Executive Office of the Governor may approve the
   48  release of funds appropriated to resolve projected revenue
   49  deficits in accordance with the notice, review, and objection
   50  procedures set forth in s. 216.177 and shall provide notice to
   51  the Chief Financial Officer. The Department of Revenue is
   52  directed to request monthly distributions from the Chief
   53  Financial Officer in equal amounts to each clerk certified to
   54  have a revenue deficit, in accordance with the releases approved
   55  by the Governor.
   56         (b) If the Chief Financial Officer finds the court-related
   57  budget proposed by a clerk includes functions not included in
   58  the standard list of court-related functions in s. 28.35(4)(a),
   59  the Chief Financial Officer shall notify the clerk of the amount
   60  of the proposed budget not eligible to be funded from fees,
   61  service charges, costs, and fines for court-related functions
   62  and shall identify appropriate corrective measures to ensure
   63  budget integrity. The clerk shall then immediately discontinue
   64  all ineligible expenditures of court-related funds for this
   65  purpose and reimburse the Clerks of the Court Trust Fund for any
   66  previously ineligible expenditures made for non-court-related
   67  functions, and shall implement any corrective actions identified
   68  by the Chief Financial Officer.
   69         (b)1.Each clerk shall prepare his or her budget using
   70  prior-year expenditures, unit costs, and the proposed budget
   71  specified in these core services:
   72         a.Case processing;
   73         b.Financial processing;
   74         c.Jury management; and
   75         d.Information and reporting.
   76         2.Central administrative costs shall be allocated among
   77  the core-services categories. The unit cost for the core
   78  services must be identified for each clerk in his or her budget
   79  pursuant to instructions to be provided by the corporation.
   80         (c)The corporation shall review each individual clerk’s
   81  budget, prior-year expenditures, unit costs, and the proposed
   82  budget for each of the core-services categories. The corporation
   83  shall compare each clerk’s prior-year expenditures and unit
   84  costs for core services with a peer group of clerk offices
   85  having a population of a similar size and a similar number of
   86  case filings. If the corporation finds that the expenditures,
   87  unit costs, or budget of a clerk are significantly higher than
   88  those of clerks in that clerk’s peer group, the corporation
   89  shall require the clerk to submit documentation justifying the
   90  difference in each core-services category. Justification for
   91  higher expenditures may include, but need not be limited to,
   92  collective bargaining agreements, county civil service
   93  agreements, the cost of retirement programs, and the number and
   94  distribution of courthouses served by the clerk. If the
   95  expenditures and unit costs are not justified, the corporation
   96  shall make a reduction in the funding for that core-services
   97  category in the budget to an amount similar to the peer group of
   98  clerks or to an amount that the corporation determines is
   99  justified.
  100         (d)The salaries provided to employees of a clerk of court
  101  may be adjusted only by the average percentage increase or
  102  decrease in the salaries of state career service employees for
  103  the current state fiscal year. The corporation shall review
  104  prior-year expenditures and proposed budgets to ensure that each
  105  clerk of court complies with this paragraph. If the corporation
  106  finds that a clerk violated this paragraph, the corporation
  107  shall reduce the budget for a clerk violating this paragraph by
  108  the amount of the unauthorized expenditure.
  109         Section 2. This act shall take effect July 1, 2009.
  110  
  111  ================= T I T L E  A M E N D M E N T ================
  112         And the title is amended as follows:
  113         Delete everything before the enacting clause
  114  and insert:
  115  
  116                        A bill to be entitled                      
  117         An act relating to the clerks of court; amending s.
  118         28.36, F.S.; providing a procedure for preparing
  119         budget for the court-related functions of clerks of
  120         court; requiring a clerk of court to prepare a budget
  121         based on specified core services; requiring the
  122         corporation to compare a clerk’s expenditures and
  123         costs with the clerk’s peer group; limiting salary
  124         adjustments for employees of a clerk of court based on
  125         salary adjustments for career service employees;
  126         providing an effective date.