CODING: Words stricken are deletions; words underlined are additions.





                                                  SENATE AMENDMENT

    Bill No. CS for SB 1212

    Amendment No.    

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11  Senator Laurent moved the following amendment:

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13         Senate Amendment (with title amendment) 

14         On page 23, line 20, through page 24, line 14, delete

15  those lines

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17  and insert:

18         Section 20.  Supreme Court Workload Study Commission.--

19         (1)  The Legislature finds that the number of justices

20  has not increased since 1940 and that therefore it is

21  necessary and beneficial to the furtherance of an efficient

22  and effective judiciary to study the workload of the Florida

23  Supreme Court.

24         (2)  The Supreme Court Workload Study Commission is

25  created and is assigned to the Office of the State Courts

26  Administrator for administrative and fiscal purposes only.

27  The Supreme Court Workload Study Commission shall consist of

28  seven members to be appointed on or before July 15, 2000, as

29  follows:

30         (a)  The Speaker of the House of Representatives shall

31  appoint three members.  One of the members must be a member of

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1212

    Amendment No.    





 1  the House of Representatives and a member in good standing of

 2  The Florida Bar.  At least one of the other two members must

 3  be a member in good standing of The Florida Bar.

 4         (b)  The President of the Senate shall appoint three

 5  members.  One of the members must be a member of the Senate

 6  and a member in good standing of The Florida Bar. At least one

 7  of the other two members must be a member in good standing of

 8  The Florida Bar.

 9         (c)  The Chief Justice of the Florida Supreme Court

10  shall appoint one member who has served on the Supreme Court

11  but who is not presently serving, and who shall serve as chair

12  of the commission.

13         (3)  Members of the commission shall serve without

14  compensation, except for per diem and reimbursement of travel

15  expenses as provided by section 112.061, Florida Statutes. A

16  vacancy on the commission shall be filled in the same manner

17  as the original appointment.

18         (4)  In consultation with the Office of Program Policy

19  Analysis and Government Accountability, the Office of the

20  State Courts Administrator shall conduct a workload study of

21  the Supreme Court. The results of the study shall be provided

22  to the commission by November 1, 2000.

23         (5)  Using the study and associated data delivered by

24  the Office of the State Courts Administrator and any other

25  relevant data, the commission shall develop recommendations

26  for addressing workload issues, including, but not limited to,

27  the need for additional justices on the Supreme Court.  The

28  commission shall report its recommendation to the Joint

29  Legislative Committee on Article V, the Speaker of the House

30  of Representatives, the President of the Senate, and the Chief

31  Justice of the Supreme Court by February 15, 2001.

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1212

    Amendment No.    





 1         (6)  It is the intent of the Legislature that the

 2  commission be staffed by the Joint Legislative Committee on

 3  Article V, and that the commission automatically terminate

 4  upon submission of its report to the Legislature.

 5         Section 21.  Subsection (1) is amended and a new

 6  subsection (6) is added to section 216.0166, Florida Statutes,

 7  to read:

 8         216.0166  Submission by state agencies of

 9  performance-based budget requests, programs, and performance

10  measures.--

11         (1)  Except as provided in subsection (6) prior to

12  September 1 of the fiscal year prior to which a state agency

13  is required to submit a performance-based program budget

14  request pursuant to s. 216.0172, such state agency shall

15  identify and submit to the Executive Office of the Governor a

16  list of proposed state agency programs and performance

17  measures. The agency may also provide a list of statutes or

18  rules affecting its performance which may be addressed as

19  incentives or disincentives for the performance-based program

20  budget.  The list should be accompanied by recommended

21  legislation to implement the requested changes for potential

22  incentives. Such identification shall be conducted after

23  discussion with legislative appropriations and appropriate

24  substantive committees and shall be approved by the Executive

25  Office of the Governor. The Executive Office of the Governor,

26  after discussion with legislative appropriations and

27  appropriate substantive committees and the Office of Program

28  Policy Analysis and Government Accountability, shall review

29  the list of programs and performance measures, may make any

30  changes or require the agency to resubmit the list, and shall

31  make a final recommendation of programs and associated

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1212

    Amendment No.    





 1  performance measures to the Legislature within 60 days after

 2  receipt, to be used in the preparation and submission of the

 3  state agency's final legislative budget request pursuant to s.

 4  216.023(5). The Executive Office of the Governor may also

 5  recommend legislation to implement any or all of the proposed

 6  incentives.  Agencies continuing under performance-based

 7  program budgeting may provide as part of their legislative

 8  budget request a list of statutes or rules affecting their

 9  program performance which may be addressed as incentives or

10  disincentives for the performance-based program budget.

11         (6)  Prior to September 15 of the fiscal year prior to

12  which the judicial branch is required to submit a

13  performance-based program budget request pursuant to s.

14  216.0172, the Chief Justice shall identify and, after

15  consultation with the Office of Program Policy Analysis and

16  Government Accountability and legislative staff of the

17  appropriate substantive and appropriations committees in the

18  Senate and the House of Representatives, shall submit to the

19  Legislature a list of proposed programs and associated

20  performance measures.  The judicial branch shall provide

21  documentation to accompany the list of proposed programs and

22  performance measures as provided under subsection (2).  The

23  judicial branch shall submit a performance-based program

24  legislative budget request pursuant to s. 216.0172, using the

25  programs and performance measures adopted by the Legislature.

26  The Chief Justice may propose revisions to approved programs

27  or performance measures for the judicial branch.  The

28  Legislature shall have final approval of all programs and

29  associated performance measures and standards for the judicial

30  branch through the General Appropriations Act or legislation

31  implementing the General Appropriations Act.

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1212

    Amendment No.    





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 2  (Redesignate subsequent sections.)

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 5  ================ T I T L E   A M E N D M E N T ===============

 6  And the title is amended as follows:

 7         On page 2, line 5, after the semicolon

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 9  insert:

10         creating the Supreme Court Workload Study

11         Commission; providing members; providing

12         duties; providing staffing; requiring a report;

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