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The Florida Senate

1997 Florida Statutes

SECTION 388
Family Courts Trust Fund.

125.388  Family Courts Trust Fund.--

(1)

(a)  The trust fund moneys in the Family Courts Trust Fund, administered by the Supreme Court, shall be used to implement family court plans in all judicial circuits of this state.

(b)  The Supreme Court, through the Office of the State Courts Administrator, shall adopt a comprehensive plan for the operation of the trust fund and the expenditure of any moneys deposited into the trust fund. The plan shall provide for a comprehensive integrated response to families in litigation, including domestic violence matters, guardian ad litem programs, mediation programs, legal support, training, automation, and other related costs incurred to benefit the citizens of the state and the courts in relation to family law cases.

(2)  As part of its comprehensive plan, the Supreme Court shall evaluate the necessity for an installment plan or a waiver for any or all of the fees based on financial necessity and report such findings to the Legislature.

(3)  The trust fund shall be funded with moneys generated from fees assessed pursuant to s. 741.01(4).

(4)  This section shall stand repealed on July 1, 1998.

History.--s. 1, ch. 94-222; s. 3, ch. 97-95.

1Note.--Section 2, ch. 94-223, provides that:

"(1)  Pursuant to the provisions of s. 19(f)(2), Art. III of the State Constitution, the Family Courts Trust Fund shall, unless terminated sooner, be terminated on July 1, 1998.

"(2)  Prior to the regular legislative session immediately preceding the date on which the trust fund is scheduled to be terminated, the Supreme Court and the Governor shall recommend to the President of the Senate and the Speaker of the House of Representatives whether the trust fund should be allowed to terminate or should be re-created. These recommendations shall be based on a review of the purpose and use of the trust fund and a determination of whether the trust fund will continue to be necessary. A recommendation to re-create the trust fund may include suggested modifications to the purpose, sources of receipts, and allowable expenditures for the trust fund. The Supreme Court's recommendation shall be made as a part of its legislative budget request to the Legislature pursuant to s. 216.023, Florida Statutes. The Governor's recommendation shall be made as a part of the recommended budget presented to the Legislature pursuant to s. 216.162, Florida Statutes.

"(3)  If the trust fund is terminated, the Supreme Court shall pay any outstanding debts or obligations of the trust fund as soon as practicable and the Comptroller shall close out and remove the trust fund from the various state accounting systems, using generally accepted accounting practices concerning warrants outstanding, assets, and liabilities."