The Florida Senate

29.001  Intent; state courts system essential elements and definitions; funding through filing fees, service charges, and costs; county responsibilities.

29.002  Basis for funding.

29.003  Phase-in schedule.

29.004  State courts system.

29.005  State attorneys' offices and prosecution expenses.

29.006  Public defenders and indigent defense costs.

29.007  Court-appointed counsel.

29.008  County funding of court-related functions.

29.009  Contingency fund.

29.011  Pilot projects; conflict attorneys.

29.012  Construction.

29.001  Intent; state courts system essential elements and definitions; funding through filing fees, service charges, and costs; county responsibilities.--

(1)  It is the intent of the Legislature that, for the purpose of implementing s. 14, Art. V of the State Constitution, the state courts system be defined to include the essential elements of the Supreme Court, district courts of appeal, circuit courts, county courts, and essential supports thereto. Similarly, the offices of public defenders and state attorneys shall include those essential elements as determined by general law. Further, the state attorneys' offices are defined to include the essential elements of the 20 state attorneys' offices and the public defenders' offices are defined to include the essential elements of the 20 public defenders' offices. Court-appointed counsel are defined as counsel appointed to ensure due process in criminal and civil proceedings in accordance with state and federal constitutional guarantees.

(2)  All funding for the court-related functions of the offices of the clerks of the circuit and county courts shall be provided by adequate and appropriate filing fees for judicial proceedings and service charges and costs for performing court-related functions.

(3)  Pursuant to general law, counties shall be required to fund the cost of communications services, existing radio systems, existing multiagency criminal justice information systems, and the cost of construction or lease, maintenance, utilities, and security of facilities for the circuit courts and county courts, public defenders' offices, state attorneys' offices, and the offices of the clerks of the circuit and county courts, as defined by general law. In addition, the counties will continue to fund existing elements of the state courts system, state attorneys' offices, public defenders' offices, court-appointed counsel, and the offices of the clerks of the circuit and county courts performing court-related functions, consistent with current law and practice, until such time as the Legislature expressly assumes the responsibility for funding those elements. Counties will fund the cost of criminal cases filed by the Office of Statewide Prosecution. Additionally, the Legislature will define by general law those local requirements of the state courts system for which the counties must pay reasonable and necessary salaries, costs, and expenses.

(4)  Although a program or function currently may be funded by the state or prescribed or established in general law, this does not designate the program or function as an essential element of the state courts system, state attorneys' offices, public defenders' offices, or the offices of the circuit and county court clerks performing court-related functions as described in s. 14, Art. V of the State Constitution.

History.--s. 1, ch. 2000-237.

29.002  Basis for funding.--

(1)  The Legislature's appropriation of funding in the General Appropriations Act for appropriate salaries, costs, and expenses pursuant to s. 14, Art. V of the State Constitution shall be based upon reliable and auditable data substantiating the revenues and expenditures associated with each essential element.

(2)  Court costs, fines, and other dispositional assessments shall be imposed and enforced by the courts, collected by the clerks of the circuit and county courts, and may be directed to the state in accordance with authorizations and procedures as determined by general law.

(3)  Waiver of fees and costs for indigents in criminal or civil actions and requests for reductions in fees and costs and for a court-appointed attorney shall be determined through procedures established pursuant to general law. Similarly, requests for reductions in fees and costs and for a court-appointed attorney shall occur after examination, pursuant to general law.

History.--s. 2, ch. 2000-237.

29.003  Phase-in schedule.--

(1)  During fiscal years 2000-2001 and 2001-2002, the Legislature shall:

(a)  Review the state courts system to determine those elements appropriate to receive state funding and, based on the availability of accurate data, determine the most appropriate means for funding such elements and provide direction regarding budgeting for the state courts system.

(b)  Review selected salaries, costs, and expenses of the state courts system which may be funded from appropriate filing fees for judicial proceedings and service charges and costs.

(2)  Prior to or during fiscal years 2001-2002 and 2002-2003, the Legislature shall review the offices of the state attorneys and public defenders and the use of civil indigency counsel and conflict counsel to determine those elements appropriate to receive state funding and, based on the availability of accurate data, determine the most appropriate means for funding such elements and provide direction regarding budgeting for the state attorneys' offices, public defenders' offices, and court-appointed counsel.

(3)  Prior to or during fiscal years 2002-2003 and 2003-2004, the Legislature shall review the offices of the clerks of the circuit and county courts to define court-related functions. If there is accurate data on court-related functions and costs, the Legislature may determine the appropriate levels of filing fees, service charges, and court costs to fund those functions.

(4)  During fiscal years 2000-2001 and 2001-2002, the Legislature shall review current law with regard to authorizations for court costs, fines, and other dispositional assessments and redirect appropriate revenues to the state.

(5)  On or before July 1, 2004, the Legislature will fully effectuate the requirements of s. 25, Art. XII of the State Constitution. Prior to July 1, 2004, the counties are financially obligated to continue to fund existing elements of the state courts system, state attorneys' offices, public defenders' offices, court-appointed counsel, and the offices of the clerks of the circuit and county courts performing court-related functions, consistent with current law and practice, until such time as the Legislature expressly assumes the responsibility for funding such elements. Counties will fund the cost of criminal cases filed by the Office of Statewide Prosecution. Additionally, the Legislature will define by general law those local requirements of the state courts system for which the counties must pay reasonable and necessary salaries, costs, and expenses.

(6)  Pursuant to s. 14, Art. V, and s. 25, Art. XII of the State Constitution, commencing in fiscal year 2000-2001, the Legislature will appropriate funds:

(a)  To create a contingency fund to assist small counties with extraordinary case-related costs in criminal cases.

(b)  For pilot projects in at least three counties to cover reasonable and necessary conflict attorneys.

History.--s. 3, ch. 2000-237.

29.004  State courts system.--For purposes of implementing s. 14, Art. V of the State Constitution, the essential elements of the state courts system are as follows:

(1)  Judges appointed or elected pursuant to chapters 25, 26, 34, and 35, and essential staff, expenses, and costs as determined by general law.

(2)  Juror compensation and expenses and reasonable juror accommodations when necessary.

(3)  Reasonable court reporting services necessary to meet constitutional requirements.

(4)  Auxiliary aids and services for qualified individuals with a disability which are necessary to ensure access to the courts. Such auxiliary aids and services include, but are not limited to, sign-language interpreters, translators, real-time transcription services for individuals who are hearing impaired, and assistive listening devices. This section does not include physical modifications to court facilities; noncourtroom communication services; or other accommodations, auxiliary aids, or services for which the counties are responsible pursuant to s. 14, Art. V of the State Constitution.

(5)  Construction or lease of facilities, maintenance, utilities, and security for the district courts of appeal and the Supreme Court.

(6)  Foreign language interpreters and translators essential to comply with constitutional requirements.

(7)  Staff and expenses of the Judicial Qualifications Commission.

History.--s. 4, ch. 2000-237.

29.005  State attorneys' offices and prosecution expenses.--For purposes of implementing s. 14, Art. V of the State Constitution, the essential elements of the state attorneys' offices are as follows:

(1)  The state attorney of each judicial circuit and assistant state attorneys and essential staff as determined by general law.

(2)  Reasonable court reporting services necessary to meet constitutional requirements.

(3)  Witnesses summoned to appear for an investigation, preliminary hearing, or trial in a criminal case when the witnesses are summoned by a state attorney; mental health professionals who are appointed pursuant to s. 394.473 and required in a court hearing involving an indigent; and expert witnesses who are appointed pursuant to s. 916.115(2) and required in a court hearing involving an indigent.

History.--s. 5, ch. 2000-237.

29.006  Public defenders and indigent defense costs.--For purposes of implementing s. 14, Art. V of the State Constitution, the essential elements of the public defenders' offices are as follows:

(1)  The public defender of each judicial circuit and assistant public defenders and essential staff as determined by general law.

(2)  Reasonable court reporting services necessary to meet constitutional requirements.

(3)  Witnesses summoned to appear for an investigation, preliminary hearing, or trial in a criminal case when the witnesses are summoned on behalf of an indigent defendant; mental health professionals who are appointed pursuant to s. 394.473 and required in a court hearing involving an indigent; and expert witnesses who are appointed pursuant to s. 916.115(2) and required in a court hearing involving an indigent.

History.--s. 6, ch. 2000-237.

29.007  Court-appointed counsel.--For purposes of implementing s. 14, Art. V of the State Constitution, the essential elements of court-appointed counsel are as follows:

(1)  Private attorneys assigned by the court to handle cases where the defendant is indigent and cannot be represented by the public defender.

(2)  Private attorneys appointed by the court to represent indigents or other classes of litigants in civil proceedings requiring court-appointed counsel in accordance with state and federal constitutional guarantees.

(3)  Reasonable court reporting services necessary to meet constitutional requirements.

(4)  Witnesses summoned to appear for an investigation, preliminary hearing, or trial in a criminal case when the witnesses are summoned on behalf of an indigent defendant; mental health professionals who are appointed pursuant to s. 394.473 and required in a court hearing involving an indigent; and expert witnesses who are appointed pursuant to s. 916.115(2) and required in a court hearing involving an indigent.

(5)  Investigating and assessing the indigency of any person who seeks a waiver of court costs and fees, or any portion thereof, or applies for representation by a public defender or private attorney.

History.--s. 7, ch. 2000-237.

¹29.008  County funding of court-related functions.--

(1)  Counties are required by s. 14, Art. V of the State Constitution to fund the cost of communications services, existing radio systems, existing multiagency criminal justice information systems, and the cost of construction or lease, maintenance, utilities, and security of facilities for the circuit and county courts, public defenders' offices, state attorneys' offices, and the offices of the clerks of the circuit and county courts performing court-related functions. For purposes of implementing these requirements, the term:

(a)  "Facility" means reasonable and necessary buildings, structures, real estate, easements, and related interests in real estate, including, but not limited to, those for the purpose of housing personnel, equipment, or functions of the circuit or county courts, public defenders' offices, state attorneys' offices, and court-related functions of the office of the clerks of the circuit and county courts and all storage. The term also includes access to parking for such facilities in connection with such court-related functions that may be available free or from a private provider or a local government for a fee.

(b)  "Construction or lease" includes, but is not limited to, all reasonable and necessary costs of the acquisition of facilities, equipment, and furnishings for all judicial officers, staff, jurors, volunteers, and the public for the circuit and county courts, the public defenders' offices, state attorneys' offices, and for performing the court-related functions of the offices of the clerks of the circuit and county courts. This includes expenses related to financing such facilities and the existing and future cost and bonded indebtedness associated with placing the facilities in use.

(c)  "Maintenance" includes, but is not limited to, all reasonable and necessary costs of custodial and groundskeeping services and renovation and reconstruction as needed to accommodate functions for the circuit and county courts, the public defenders' offices, and state attorneys' offices and for performing the court-related functions of the offices of the clerks of the circuit and county court and for maintaining the facilities in a condition appropriate and safe for the use intended.

(d)  "Utilities" means electricity services for light, heat, or power; natural or manufactured gas services for light, heat, or power; water and wastewater services and systems, stormwater or runoff services and systems, sewer services and systems, all costs or fees associated with these services and systems, and any costs or fees associated with the mitigation of environmental impacts directly related to the facility.

(e)  "Security" includes but is not limited to, all reasonable and necessary costs of services of law enforcement officers or licensed security guards and all electronic, cellular, or digital monitoring and screening devices necessary to ensure the safety and security of all persons visiting or working in a facility; to provide for security of the facility, including protection of property owned by the county or the state; and for security of prisoners brought to any facility. This includes bailiffs while providing courtroom and other security for each judge and other quasi-judicial officers.

(f)  "Communications systems or communications services" are defined as any reasonable and necessary transmission, emission, and reception of signs, signals, writings, images, and sounds of intelligence of any nature by wire, radio, optical, or other electromagnetic systems and includes all facilities and equipment owned, leased, or used by judges, clerks, public defenders, state attorneys, and all staff of the state courts system, state attorneys' offices, public defenders' offices, and clerks of the circuit and county courts performing court-related functions. Such system or services shall include, but not be limited to:

1.  Telephone services and equipment, including facsimile, wireless communications, video teleconferencing, pagers, computer lines, and telephone switching equipment and the maintenance, supplies, hardware, software, and line charges, including local and long-distance toll charges, and support staff or services necessary for operation.

2.  Computer systems and equipment, including computer hardware and software, modems, printers, wiring, network connections, maintenance, support staff or services, training, supplies, and line charges necessary for an integrated computer system to support the operations and management of the state courts system, the offices of the public defenders, the offices of the state attorneys, and the offices of the clerks of the circuit and county courts and the capability to connect those entities and reporting data to the state as required for the transmission of revenue, performance accountability, case management, data collection, budgeting, and auditing purposes.

3.  Postage, printed documents, radio, courier messenger and subpoena services, support services, all maintenance, supplies, and line charges.

(g)  "Existing radio systems" includes, but is not limited to, law enforcement radio systems that are used by the circuit and county courts, the offices of the public defenders, the offices of the state attorneys, and for court-related functions of the offices of the clerks of the circuit and county courts. This includes radio systems that were operational or under contract at the time Revision No. 7, 1998, to Art. V of the State Constitution was adopted and any enhancements made thereafter, the maintenance of those systems, and the personnel and supplies necessary for operation.

(h)  "Existing multiagency criminal justice information systems" includes, but is not limited to, those components of the multiagency criminal justice information system as defined in s. 943.045, supporting the offices of the circuit or county courts, the public defenders' offices, the state attorneys' offices, or those portions of the offices of the clerks of the circuit and county courts performing court-related functions that are used to carry out the court-related activities of those entities. This includes upgrades and maintenance of the current equipment, maintenance and upgrades of supporting technology infrastructure and associated staff, and services and expenses to assure continued information sharing and reporting of information to the state. The counties shall also provide additional information technology services, hardware, and software as needed for new judges and staff of the state courts system, state attorneys' offices, public defenders' offices, and the offices of the clerks of the circuit and county courts performing court-related functions.

(2)  Counties shall pay reasonable and necessary salaries, costs, and expenses of the state courts system to meet local requirements as determined by general law.

History.--s. 8, ch. 2000-237; s. 1, ch. 2001-265.

¹Note.--Effective July 1, 2003. Section 1, ch. 2001-265, effective October 1, 2001, revised the July 1, 2001, effective date set by s. 24, ch. 2000-237, to July 1, 2003.

29.009  Contingency fund.--

¹(1)  Any county with a population of less than 90,000, according to the most recent decennial census, may apply to the Office of the State Courts Administrator for additional funding to cover extraordinary criminal-case-related costs.

¹(2)  The Office of the State Courts Administrator, in consultation with the chairs of the appropriations committees of the Legislature, shall develop a process whereby counties may request funds pursuant to this section. Such process shall be consistent with legislative intent regarding this act. The Office of the State Courts Administrator shall review any request for funds by a county under this section and, if the Office of the State Courts Administrator determines that a request is valid, and contingent upon specific appropriation, it may provide assistance upon finding a qualifying county's budget is inadequate to cover extraordinary criminal-case-related costs and that the deficiency will result in an impairment of the operations of the county.

(3)  The State Courts Administrator shall submit a report on a quarterly basis, including a complete accounting of the contingency fund.

History.--s. 10, ch. 2000-237; ss. 23, 24, ch. 2001-254.

¹Note.--

A.  Section 23, ch. 2001-254, amended subsections (1) and (2) "[i]n order to implement Specific Appropriation 2968 of the 2001-2002 General Appropriations Act."

B.  Section 24, ch. 2001-254, provides that "[t]he amendment of subsections 29.009(1) and (2), Florida Statutes, by this act shall expire July 1, 2002, and the text of these subsections shall revert to that in existence on June 30, 2001, except that any amendments to such text exacted other than by this act shall be preserved and continue to operate to the extent that such amendments are not dependent upon the portions of such text which expire pursuant to the provisions of this act. The Division of Statutory Revision of the Office of Legislative Services shall include in an appropriate reviser's bill any amendments to such subsection which are necessary to give effect to the legislative intent expressed in this section." As amended by s. 24, ch. 2001-254, effective July 1, 2002, subsections (1) and (2) will read:

(1)  Any county with a population of less than 85,000, according to the most recent decennial census, may apply to the Office of the State Courts Administrator for additional funding to cover extraordinary criminal-case-related costs.

(2)  The Office of the State Courts Administrator, in consultation with the chairs of the appropriations committees of the Legislature, shall develop a process whereby counties may request funds pursuant to this section. Such process shall be consistent with legislative intent regarding this act. The Office of the State Courts Administrator shall review any request for funds by a county under this section and, if the Office of the State Courts Administrator determines that a request is valid, it may provide assistance upon finding a qualifying county's budget is inadequate to cover extraordinary criminal-case-related costs and that the deficiency will result in an impairment of the operations of the county.

29.011  Pilot projects; conflict attorneys.--Pursuant to s. 14, Art. V, and s. 25, Art. XII of the State Constitution, and s. 27.52, and notwithstanding s. 925.037, the Legislature creates pilot projects to reimburse three counties for reasonable and necessary conflict counsel fees, expenses, and costs. The counties designated for the pilot projects must institute cost containment and accountability processes and provide a detailed quarterly report to the Governor, the President of the Senate, the Speaker of the House of Representatives, and the Joint Legislative Committee on Article V. The report shall include, but is not limited to:

(1)  The total number of conflict cases.

(2)  The steps that were taken to avoid the conflict, if any.

(3)  The number of each type of case identified with specificity.

(4)  The length of each case.

(5)  The total amount paid to each attorney.

(6)  The total year-to-date payments to conflict attorneys.

(7)  The method of payment, for example, hourly rate, flat fee, contract, or other.

All information must be broken down based on whether the case was given to outside counsel due to an ethical conflict or due to an overextended caseload.

History.--s. 11, ch. 2000-237.

29.012  Construction.--Nothing in this act shall require the Legislature to fund any court function or court-related activities of the court system, the state attorneys' offices, public defenders' offices, conflict counsel, the statewide prosecutor, or the clerks of the circuit and county courts.

History.--s. 14, ch. 2000-237.