Senate Bill 1212c1

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    Florida Senate - 2000                           CS for SB 1212

    By the Committee on Judiciary and Senator Laurent





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  1                      A bill to be entitled

  2         An act relating to the judiciary; providing

  3         intent; providing a basis for funding the court

  4         system, the public defender's offices, the

  5         state attorneys' offices, and the court-related

  6         functions of the clerks of the court; providing

  7         a phase-in schedule; defining the essential

  8         elements of the court system; defining the

  9         essential elements of the state attorneys'

10         offices; defining the essential elements of the

11         public defenders' offices; defining the

12         essential elements of court-appointed counsel;

13         providing definitions for county funding

14         responsibilities; creating the Article V

15         Financial Accountability and Efficiency

16         Workgroup; providing for membership; providing

17         responsibilities; creating a process for

18         certain counties to cover extraordinary

19         criminal case-related costs; providing for the

20         establishment of pilot projects in three

21         counties to fund costs of conflict counsel;

22         requiring clerks to provide specified

23         information to the Legislature; creating the

24         Joint Legislative Committee on Article V;

25         providing for membership and duties; providing

26         appropriations; providing a limitation on

27         funding; amending ss. 216.001, 216.011, F.S.;

28         redefining the term "state agency"; amending s.

29         216.0172, F.S.; requiring the judicial branch

30         to submit a performance-based program budget;

31         amending s. 216.023, F.S.; excepting the

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  1         judicial branch from submitting final

  2         legislative budget requests to the Governor;

  3         amending s. 216.0235, F.S.; excepting the

  4         judicial branch from submitting final

  5         legislative program budget requests; amending

  6         s. 216.0166, F.S.; providing requirements for

  7         performance-based program budgeting for the

  8         judicial branch; providing an effective date.

  9

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

11

12         Section 1.  Intent.--

13         (1)  It is the intent of the Legislature that, for the

14  purpose of implementing Article V, Section 14 of the State

15  Constitution, the state courts system be defined to include

16  the essential elements of the Supreme Court, district courts

17  of appeal, circuit courts, county courts, and essential

18  supports thereto.  Similarly, the offices of public defenders

19  and state attorneys shall include those essential elements as

20  determined by general law. Further, the state attorneys'

21  offices are defined to include the essential elements of the

22  20 state attorneys' offices and the public defenders' offices

23  are defined to include the essential elements of the 20 public

24  defenders' offices.  Court appointed counsel are defined as

25  counsel appointed to ensure due process in criminal and civil

26  proceedings in accordance with state and federal

27  constitutional guarantees.

28         (2)  All funding for the court-related functions of the

29  offices of the clerks of the circuit and county courts shall

30  be provided by adequate and appropriate filing fees for

31

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    Florida Senate - 2000                           CS for SB 1212
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  1  judicial proceedings and service charges and costs for

  2  performing court-related functions.

  3         (3)  Pursuant to general law, counties shall be

  4  required to fund the cost of communications services, existing

  5  radio systems, existing multi-agency criminal justice

  6  information systems, and the cost of construction or lease,

  7  maintenance, utilities, and security of facilities for the

  8  circuit courts and county courts, public defenders' offices,

  9  state attorneys' offices, and the offices of the clerks of the

10  circuit and county courts, as defined by general law.  In

11  addition, the counties will continue to fund existing elements

12  of the state courts system, state attorneys' offices, public

13  defenders' offices, court appointed counsel, and the offices

14  of the clerks of the circuit and county courts performing

15  court-related functions, consistent with current law and

16  practice, until such time as the Legislature expressly assumes

17  the responsibility for funding those elements. Counties will

18  fund the cost of criminal cases filed by the office of

19  statewide prosecution. Additionally, the Legislature will

20  define by general law those local requirements of the state

21  courts system for which the counties must pay reasonable and

22  necessary salaries, costs, and expenses.

23         (4)  Although a program or function currently may be

24  funded by the state or prescribed or established in general

25  law, this does not designate the program or function as an

26  essential element of the state courts system, state attorneys'

27  offices, public defenders' offices, or the offices of the

28  circuit and county court clerks performing court-related

29  functions as described in Article V, Section 14, of the State

30  Constitution.

31         Section 2.  Basis for funding.--

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    Florida Senate - 2000                           CS for SB 1212
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  1         (1)  The Legislature's appropriation of funding in the

  2  General Appropriations Act for appropriate salaries, costs,

  3  and expenses pursuant to Article V, Section 14 of the State

  4  Constitution shall be based upon reliable and auditable data

  5  substantiating the revenues and expenditures associated with

  6  each essential element.

  7         (2)  Court costs, fines, and other dispositional

  8  assessments shall be imposed and enforced by the courts,

  9  collected by the clerks of the circuit and county courts, and

10  may be directed to the state in accordance with authorizations

11  and procedures as determined by general law.

12         (3)  Waiver of fees and costs for indigents in criminal

13  or civil actions and requests for reductions in fees and costs

14  and for a court-appointed attorney shall be determined through

15  procedures established pursuant to general law.  Similarly,

16  requests for reductions in fees and costs and for a

17  court-appointed attorney shall occur after examination,

18  pursuant to general law.

19         Section 3.  Phase-in schedule.--

20         (1)  During fiscal years 2000-2001 and 2001-2002 the

21  Legislature shall:

22         (a)  Review the state courts system to determine those

23  elements appropriate to receive state funding and, based on

24  the availability of accurate data, determine the most

25  appropriate means for funding such elements and provide

26  direction regarding budgeting for the state courts system.

27         (b)  Review selected salaries, costs, and expenses of

28  the state courts system which may be funded from appropriate

29  filing fees for judicial proceedings and service charges and

30  costs.

31

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  1         (2)  Prior to or during fiscal years 2001-2002 and

  2  2002-2003 the Legislature shall review the offices of the

  3  state attorneys and public defenders and the use of civil

  4  indigency counsel and conflict counsel to determine those

  5  elements appropriate to receive state funding and, based on

  6  the availability of accurate data, determine the most

  7  appropriate means for funding such elements and provide

  8  direction regarding budgeting for the state attorneys'

  9  offices, public defenders' offices, and court-appointed

10  counsel.

11         (3)  Prior to or during fiscal years 2002-2003 and

12  2003-2004 the Legislature shall review the offices of the

13  clerks of the circuit and county courts to define

14  court-related functions.  If there is accurate data on

15  court-related functions and costs, the Legislature may

16  determine the appropriate levels of filing fees, service

17  charges, and court costs to fund those functions.

18         (4)  During fiscal years 2000-2001 and 2001-2002, the

19  Legislature shall review current law with regard to

20  authorizations for court costs, fines, and other dispositional

21  assessments and redirect appropriate revenues to the state.

22         (5)  On or before July 1, 2004, the Legislature will

23  fully effectuate the requirements of Article XII, Section 25

24  of the State Constitution.  Prior to July 1, 2004, the

25  counties are financially obligated to continue to fund

26  existing elements of the state courts system, state attorneys'

27  offices, public defenders' offices, court appointed counsel,

28  and the offices of the clerks of the circuit and county courts

29  performing court-related functions, consistent with current

30  law and practice, until such time as the Legislature expressly

31  assumes the responsibility for funding such elements. Counties

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  1  will fund the cost of criminal cases filed by the office of

  2  statewide prosecution. Additionally, the Legislature will

  3  define by general law those local requirements of the state

  4  courts system for which the counties must pay reasonable and

  5  necessary salaries, costs, and expenses.

  6         (6)  Pursuant to Article XII, Section 25 and Article V,

  7  Section 14 of the State Constitution, commencing in fiscal

  8  year 2000-2001, the Legislature will appropriate funds:

  9         (a)  To provide a process to assist small counties with

10  extraordinary case-related costs in criminal cases.

11         (b)  For pilot projects in at least three counties to

12  cover reasonable and necessary conflict attorneys.

13         Section 4.  State courts system.--

14         (1)  For purposes of implementing Article V, Section 14

15  of the State Constitution, the essential elements of the state

16  courts system are as follows:

17         (a)  Judges appointed or elected pursuant to chapters

18  25, 26, 34 and 35, Florida Statutes, and essential staff,

19  expenses, and costs as determined by general law.

20         (b)  Juror compensation and expenses and reasonable

21  juror accommodations when necessary.

22         (c)  Reasonable court reporting services necessary to

23  meet constitutional requirements.

24         (d)  Auxiliary aids and services for qualified

25  individuals with a disability which are necessary to ensure

26  access to the courts. Such auxiliary aids and services

27  include, but are not limited to, sign-language interpreters,

28  translators, real-time transcription services for individuals

29  who are hearing impaired, and assistive listening devices.

30  This section does not include physical modifications to court

31  facilities; noncourtroom communication services; or other

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  1  accommodations, auxiliary aids, or services for which the

  2  counties are responsible pursuant to Section 14 of Article V

  3  of the State Constitution.

  4         (e)  Construction or lease of facilities, maintenance,

  5  utilities and security for the district courts of appeal and

  6  the Supreme Court.

  7         (f)  Foreign language interpreters and translators

  8  essential to comply with constitutional requirements.

  9         (g)  Staff and expenses of the Judicial Qualifications

10  Commission.

11         Section 5.  State attorneys' offices and prosecution

12  expenses.--For purposes of implementing Article V, Section 14

13  of the State Constitution, the essential elements of the state

14  attorneys' offices are as follows:

15         (1)  The state attorney of each judicial circuit and

16  assistant state attorneys and essential staff as determined by

17  general law.

18         (2)  Reasonable court reporting services necessary to

19  meet constitutional requirements.

20         (3)  Witnesses summoned to appear for an investigation,

21  preliminary hearing, or trial in a criminal case when the

22  witnesses are summoned by a state attorney; mental health

23  professionals who are appointed pursuant to section 394.473,

24  Florida Statutes, and required in a court hearing involving an

25  indigent; and expert witnesses who are appointed pursuant to

26  section 916.115(2), Florida Statutes, and required in a court

27  hearing involving an indigent.

28         Section 6.  Public defenders and indigent defense

29  costs.--For purposes of implementing Article V, Section 14 of

30  the State Constitution, the essential elements of the public

31  defenders' offices are as follows:

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  1         (1)  The public defender of each judicial circuit and

  2  assistant public defenders and essential staff as determined

  3  by general law.

  4         (2)  Reasonable court reporting services necessary to

  5  meet constitutional requirements.

  6         (3)  Witnesses summoned to appear for an investigation,

  7  preliminary hearing, or trial in a criminal case when the

  8  witnesses are summoned on behalf of an indigent defendant;

  9  mental health professionals who are appointed pursuant to s.

10  394.473, Florida Statutes, and required in a court hearing

11  involving an indigent; and expert witnesses who are appointed

12  pursuant to section 916.115(2), Florida Statutes, and required

13  in a court hearing involving an indigent.

14         Section 7.  Court appointed counsel.--For purposes of

15  implementing Article V, Section 14 of the State Constitution,

16  the essential elements of court appointed counsel are as

17  follows:

18         (1)  Private attorneys assigned by the court to handle

19  cases where the defendant is indigent and cannot be

20  represented by the public defender.

21         (2)  Private attorneys appointed by the court to

22  represent indigents or other classes of litigants in civil

23  proceedings requiring court appointed counsel in accordance

24  with state and federal constitutional guarantees.

25         (3)  Reasonable court reporting services necessary to

26  meet constitutional requirements.

27         (4)  Witnesses summoned to appear for an investigation,

28  preliminary hearing, or trial in a criminal case when the

29  witnesses are summoned on behalf of an indigent defendant;

30  mental health professionals who are appointed pursuant to

31  section 394.473, Florida Statutes, and required in a court

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  1  hearing involving an indigent; and expert witnesses who are

  2  appointed pursuant to section 916.115(2), Florida Statutes,

  3  and required in a court hearing involving an indigent.

  4         (5)  Investigating and assessing the indigency of any

  5  person who seeks a waiver of court costs and fees, or any

  6  portion thereof, or applies for representation by a public

  7  defender or private attorney.

  8         Section 8.  County funding of court-related

  9  functions.--

10         (1)  Counties are required by Article V, Section 14 of

11  the State Constitution to fund the cost of communications

12  services, existing radio systems, existing multi-agency

13  criminal justice information systems, and the cost of

14  construction or lease, maintenance, utilities, and security of

15  facilities for the circuit and county courts, public

16  defenders' offices, state attorneys' offices and the offices

17  of the clerks of the circuit and county courts performing

18  court-related functions. For purposes of implementing these

19  requirements, the term:

20         (a)  "Facility" means reasonable and necessary

21  buildings, structures, real estate, easements, and related

22  interests in real estate, including, but not limited to, those

23  for the purpose of housing personnel, equipment, or functions

24  of the circuit or county court, public defenders' offices,

25  state attorneys' offices, and court-related functions of the

26  offices of the clerks of the circuit and county court. The

27  term also includes access to parking for such facilities in

28  connection with such court-related functions that may be

29  available free or from a private provider or a local

30  government for a fee.

31

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  1         (b)  "Construction or Lease" includes, but is not

  2  limited to, all reasonable and necessary costs of the

  3  acquisition of facilities, equipment and furnishings for all

  4  judicial officers, staff, jurors, volunteers, and the public

  5  for the circuit and county courts, the public defenders'

  6  offices, state attorneys' offices, and for performing the

  7  court-related functions of the offices of the clerks of the

  8  circuit and county courts.  This includes expenses related to

  9  financing such facilities and the existing and future cost and

10  bonded indebtedness associated with placing the facilities in

11  use.

12         (c)  "Maintenance" includes, but is not limited to, all

13  reasonable and necessary costs of custodial and grounds

14  keeping services, for example, renovation and reconstruction

15  as needed to accommodate functions for the circuit and county

16  courts, the public defenders' offices, and state attorneys'

17  offices and for performing the court-related functions of the

18  offices of the clerks of the circuit and county court and for

19  maintaining the facilities in a condition appropriate and safe

20  for the use intended.

21         (d)  "Utilities" means electricity services for light,

22  heat, or power; natural or manufactured gas services for

23  light, heat, or power; water and wastewater services and

24  systems, stormwater or runoff services and systems, sewer

25  services and systems, all costs or fees associated with these

26  services and systems, and any costs or fees associated with

27  the mitigation of environmental impacts directly related to

28  the facility.

29         (e)  "Security" includes but is not limited to, all

30  reasonable and necessary costs of services of law enforcement

31  officers or licensed security guards and all electronic,

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  1  cellular, or digital monitoring and screening devices

  2  necessary to ensure the safety and security of all persons

  3  visiting or working in a facility; to provide for security of

  4  the facility, including protection of property owned by the

  5  county or the state; and for security of prisoners brought to

  6  any facility.  This includes bailiffs while providing

  7  courtroom and other security for each judge and other

  8  quasi-judicial officers.

  9         (f)  "Communications systems or communications

10  services" are defined as any reasonable and necessary

11  transmission, emission, and reception of signs, signals,

12  writings, images, and sounds of intelligence of any nature by

13  wire, radio, optical, or other electromagnetic systems and

14  includes all facilities and equipment owned, leased, or used

15  by judges, clerks, public defenders, state attorneys, and all

16  staff of the state courts system, state attorneys' offices,

17  public defenders' offices, and clerks of the circuit and

18  county courts performing court-related functions.  Such system

19  or services shall include, but not be limited to:

20         1.  Telephone services and equipment, including

21  facsimile, wireless communications, video teleconferencing,

22  pagers, computer lines, and telephone switching equipment and

23  the maintenance, supplies, hardware, software, and line

24  charges, including local and long distance toll charges, and

25  support staff or services necessary for operation.

26         2.  Computer systems and equipment, including computer

27  hardware and software, modems, printers, wiring, network

28  connections, maintenance, support staff or services, training,

29  supplies, and line charges necessary for an integrated

30  computer system to support the operations and management of

31  the state courts system, the offices of the public defenders,

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  1  the offices of the state attorneys, and the offices of the

  2  clerks of the circuit and county courts and the capability to

  3  connect those entities and reporting data to the state as

  4  required for the transmission of revenue, performance

  5  accountability, case management, data collection, budgeting,

  6  and auditing purposes.

  7         3.  Postage, printed documents, radio, courier

  8  messenger and subpoena services, support services, all

  9  maintenance, supplies and line charges.

10         (g)  "Existing radio systems" includes, but is not

11  limited to, law enforcement radio systems that are used by the

12  circuit and county courts, the offices of the public

13  defenders, the offices of the state attorneys, and for

14  court-related functions of the offices of the clerks of the

15  circuit and county courts.  This includes radio systems that

16  were operational or under contract at the time Revision 7 to

17  Article V of the State Constitution was adopted and any

18  enhancements made thereafter, the maintenance of those

19  systems, and the personnel and supplies necessary for

20  operation.

21         (h)  "Existing multi-agency criminal justice

22  information systems" includes, but is not limited to, those

23  components of the multi-agency criminal justice information

24  system as defined in section 943.045, Florida Statutes,

25  supporting the office of the circuit or county court, the

26  public defenders' offices, the state attorneys' offices, or

27  that portion of the office of the clerk of the circuit and

28  county court performing court-related functions that are used

29  to carry out the court-related activities of that entity.

30  This includes upgrades and maintenance of the current

31  equipment, maintenance and upgrades of supporting technology

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  1  infrastructure and associated staff, and services and expenses

  2  to assure continued information sharing and reporting of

  3  information to the state.  The counties shall also provide

  4  additional information technology services, hardware, and

  5  software as needed for new judges and staff of the state

  6  courts system, state attorneys' offices, public defenders'

  7  offices, and the offices of the clerks of the circuit and

  8  county court performing court-related functions.

  9         (2)  Counties shall pay reasonable and necessary

10  salaries, costs, and expenses of the state courts system to

11  meet local requirements as determined by general law.

12         Section 9.  Article V Financial Accountability and

13  Efficiency Workgroup.--

14         (1)  The Article V Financial Accountability and

15  Efficiency Workgroup is created to serve through January 15,

16  2001. The workgroup shall consist of 11 voting members and 4

17  ex officio members as follows:

18         (a)  The Comptroller or his or her designee.

19         (b)  The Auditor General or his or her designee.

20         (c)  The Secretary of the Department of Management

21  Services or his or her designee.

22         (d) A representative from the state courts system

23  designated by the Chief Justice.

24         (e)  The Executive Director of the Fiscal

25  Responsibility Council from the House of Representatives or

26  other person designated by the Speaker of the House of

27  Representatives.

28         (f)  The Staff Director of the Senate Budget Committee

29  or other person designated by the President of the Senate.

30         (g)  The Staff Director of the Legislative Committee on

31  Intergovernmental Relations or his or her designee.

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  1         (h)  The director of the Governor's Office of Policy

  2  and Budget or his or her designee.

  3         (i)  The director of the Office of Program Policy

  4  Analysis and Government Accountability or his or her designee.

  5         (j)  A representative of the Florida Association of

  6  Counties as an ex-officio member.

  7         (k)  A representative of the Florida Association of

  8  Court Clerks and Comptroller as an ex-officio member.

  9         (l)  A representative of the Florida Public Defender's

10  Association as an ex-officio member.

11         (m)  A representative of the Florida Prosecuting

12  Attorneys Association as an ex-officio member.

13

14  The chair and vice chair of the Joint Legislative Committee on

15  Article V shall respectively act as chair and vice chair of

16  the workgroup.  The Joint Legislative Committee on Article V

17  shall provide staff support for the workgroup.

18         (2)  The workgroup shall develop recommendations

19  concerning financial accountability systems and standards for

20  use during and after the transition from local to state

21  funding as required by the 1998 revisions to Article V,

22  Section 14 of the State Constitution.

23         (3)  The workgroup shall consider the use of the

24  current Uniform Chart of Accounts, Florida Accounting

25  Information System, or any other existing state accounting

26  systems and advise the Legislature on whether any of the

27  systems are appropriate for the long-term accounting

28  requirements for expenditures and revenues. The workgroup

29  shall advise the Legislature on any modifications or

30  enhancements that may be necessary to existing systems and

31

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  1  recommend a plan to implement the necessary modifications or

  2  enhancements.

  3         (4)  If the workgroup determines that no existing state

  4  system is appropriate for long-term use, it shall provide the

  5  Legislature with a full explanation of the reasons and develop

  6  at least two options for Legislative consideration.

  7         (5)  The workgroup shall examine incentives pursuant to

  8  current law for compliance with state reporting requirements

  9  and make recommendations to further encourage local

10  compliance.

11         (6)  The workgroup shall consider and make

12  recommendations regarding alternative structures for budgeting

13  and fiscal management for the state courts system, public

14  defenders' offices, state attorneys' offices, constitutionally

15  required court-appointed attorneys and the clerks of the

16  circuit and county courts.  In developing the alternatives,

17  the workgroup shall consider using existing management

18  entities such as the Justice Administrative Commission, the

19  Office of the State Courts Administrator, or any other

20  appropriate entity.

21         (7)  The workgroup will obtain data on all fees, costs,

22  service charges, fines, forfeitures, or other court-related

23  charges, evaluate the data, make selected audits of such data

24  as necessary, and report to the Joint Legislative Committee on

25  Article V regarding the accuracy of such data.  The data shall

26  be compiled by each county. The information obtained must

27  address the authority for collection, the authorized amount,

28  the total amount collected, identification of where the funds

29  are collected and distributed, the amount distributed to each

30  identified entity, and the required and actual use of the

31  funds by the receiving entity.

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  1         (8)  In addition to the review and assessment of

  2  financial accountability systems and standards, the workgroup

  3  may also assess the efficiency and effectiveness of the state

  4  court system, public defenders' offices, state attorneys'

  5  offices, clerks of the circuit and county courts, and

  6  constitutionally required court-appointed attorneys' operating

  7  policies and procedures related to financial management and

  8  reporting.  The assessment may include a review of current

  9  organizational duties and responsibilities for supporting

10  entities.  The workgroup may include in its final report

11  recommendations for improving operating policies and

12  procedures relating to the financial management activities of

13  the state court system, public defenders' offices, clerks of

14  the circuit and county courts, state attorneys' offices, and

15  constitutionally required court-appointed attorneys.

16         (9)  Subject to the availability of specific

17  appropriations and the approval of the President of the Senate

18  and the Speaker of the House of Representatives, the workgroup

19  may contract for consultants or technical assistance in

20  carrying out its responsibilities.

21         (10)  The workgroup shall be terminated upon the

22  issuance of a report and final recommendations to the Joint

23  Legislative Committee on Article V, the President of the

24  Senate, the Speaker of the House of Representatives, the Chief

25  Justice of the Supreme Court, and the Governor not later than

26  January 15, 2001.

27         Section 10.  Payment of extraordinary criminal

28  case-related costs.--

29         (1)  Any county having a population of fewer than

30  85,000 according to the most recent decennial census may apply

31  to the Governor and Cabinet for additional funding to cover

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  1  extraordinary criminal-case-related costs from the Working

  2  Capital Fund.

  3         (2)  The release of funds shall be approved by the

  4  Governor and Cabinet only when a qualifying county's budget is

  5  inadequate to cover extraordinary criminal-case-related costs

  6  and a determination has been made by the Governor and Cabinet

  7  that the deficiency will result in an impairment of the

  8  operations of the county.

  9         (3)  The Governor and Cabinet shall submit a report

10  quarterly showing the number of applications for additional

11  funding, how many applications were approved and paid, and any

12  other relevant data.

13         Section 11.  Pilot projects; conflict

14  attorneys.--Pursuant to Article XII, Section 25 and Article V,

15  Section 14 of the State Constitution, and section 27.52,

16  Florida Statutes, the Legislature creates pilot projects to

17  reimburse three counties for expenses related to reasonable

18  and necessary conflict attorneys.  The counties selected must

19  agree to institute cost containment and accountability

20  processes and to provide a detailed quarterly report to the

21  Governor, the President of the Senate, the Speaker of the

22  House of Representatives, and the Joint Legislative Committee

23  on Article V.  The report shall include, but is not limited

24  to:

25         (1)  The total number of conflict cases.

26         (2)  The steps that were taken to avoid the conflict,

27  if any.

28         (3)  The number of each type of case identified with

29  specificity.

30         (4)  The length of each case.

31         (5)  The total amount paid to each attorney.

                                  17

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  1         (6)  The total year-to-date payments to conflict

  2  attorneys.

  3         (7)  The method of payment, for example, hourly rate,

  4  flat fee, contract, or other.

  5

  6  All information must be broken down based on whether the case

  7  was given to outside counsel due to an ethical conflict or due

  8  to an overextended caseload.

  9         Section 12.  Clerks of the court reporting

10  requirements.--

11         (1)  The Clerks of Court shall, not later than

12  September 30, 2000, provide the following information to the

13  Joint Legislative Committee on Article V and the Article V

14  Financial Accountability and Efficiency Workgroup:

15         (a)  A detailed description of the services currently

16  provided to the state courts system, state attorneys' offices,

17  and public defenders' offices.

18         (b)  Detailed information on the cost of each of the

19  services provided.

20         (c)  Detailed information on the current source of

21  funding for each service.

22         (d)  A complete listing of all fees, costs, service

23  charges, fines, forfeitures, or other court-related charges

24  collected by the office of the clerk of the circuit and county

25  court and the statute, local ordinance, court rule, or

26  judicial order that authorizes the collection.  This list

27  shall also address the event that authorizes the collection

28  and the designated use of the amounts collected.

29         (e)  A total amount collected by the clerk in each

30  circuit for each fee, cost, service charge, fine, forfeiture,

31  or other charge for fiscal year 1998-1999.

                                  18

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  1         (f)  The distribution of each fee, cost, service

  2  charge, fine, forfeiture, or other court-related charge

  3  collected by the clerk.  This shall include where the money is

  4  distributed, the amount of each charge distributed, and the

  5  total amounts distributed for fiscal year 1998-1999.

  6         (2)  To the extent applicable, information provided

  7  under paragraphs (1)(a)-(f) shall be cross referenced to

  8  current accounting classifications required by the Uniform

  9  Chart of Accounts as developed pursuant to section 218.33,

10  Florida Statutes.

11         (3)  The clerks of court shall, not later than

12  September 30, 2000, make recommendations on the following:

13         (a)  Of those services currently provided by the clerks

14  of the court, services that the clerks of the circuit and

15  county courts should continue to provide in the future.

16         (b)  Recommended levels of fees, costs, or service

17  charges to be used to fully fund the proposed court-related

18  functions.

19         (c)  Alternative sources of funding, if it is the

20  clerks of the court's position that the fees, costs, and

21  service charges recommended in paragraph (b) would be

22  violative of the state or federal constitution.

23         Section 13.  Section 11.75, Florida Statues, is created

24  to read:

25         11.75  Joint Legislative Committee on Article V.--

26         (1)  The Joint Legislative Committee on Article V of

27  the State Constitution is created.  The committee shall be

28  composed of eight members appointed as follows: four members

29  of the Senate appointed by the President of the Senate and

30  four members of the House of Representatives appointed by the

31  Speaker of the House of Representatives.  The President of the

                                  19

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  1  Senate shall appoint the chair in even-numbered years and the

  2  vice chair in odd-numbered years and the Speaker of the House

  3  of Representatives shall appoint the chair in odd-numbered

  4  years and the vice chair in even-numbered years from among the

  5  committee membership.  A vacancy shall be filled in the same

  6  manner as the original appointment.

  7         (2)  The joint committee shall coordinate and oversee

  8  the implementation of Revision 7 to Article V of the State

  9  Constitution. The joint committee shall make recommendations

10  to the Legislature, including proposed legislation, in an

11  annual report to be submitted by October 15 of each year.

12         (3)  The Legislature shall review the joint committee

13  in 2004 to determine the necessity of its continued existence.

14         Section 14.  Nothing in this act shall require the

15  Legislature to fund any court function or court-related

16  activities of the court system, the state attorneys' offices,

17  public defenders' offices, conflict counsel, the statewide

18  prosecutor, or the clerks of the circuit and county courts,

19  except to create a contingency fund to assist small counties

20  with extraordinary case-related costs in criminal cases and

21  for pilot projects in at least three counties to cover

22  reasonable and necessary conflict attorneys.

23         Section 15.  Section 216.001, Florida Statutes, is

24  amended to read:

25         216.001  Definitions.--For purposes of chapter 94-249,

26  Laws of Florida, except as otherwise provided herein, "state

27  agency" or "agency" means any unit of organization of the

28  executive branch, including any official, officer, department,

29  board, commission, division, bureau, section, district,

30  office, authority, committee, or council or any other unit of

31  government, however designated, and the Public Service

                                  20

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  1  Commission. For purposes of chapter 94-249, "state agency"

  2  shall not include the judicial branch. For purposes of chapter

  3  94-249, "judicial branch" shall mean all officers, employees,

  4  and offices of the Supreme Court, district courts of appeal,

  5  circuit courts, county courts, Justice Data Center, and the

  6  Judicial Qualifications Commission.

  7         Section 16.  Paragraph (mm) of subsection (1) of

  8  section 216.011, Florida Statutes, is amended to read:

  9         216.011  Definitions.--

10         (1)  For the purpose of fiscal affairs of the state,

11  appropriations acts, legislative budgets, and approved

12  budgets, each of the following terms has the meaning

13  indicated:

14         (mm)  "State agency" or "agency" means any official,

15  officer, commission, board, authority, council, committee, or

16  department of the executive branch of state government.  For

17  purposes of this chapter and chapter 215, "state agency" or

18  "agency" includes state attorneys, public defenders, the

19  Capital Collateral Representative, and the Justice

20  Administrative Commission. For the purpose of implementing

21  Article III, Section 19(h) of the State Constitution, the

22  terms "state agency" or "agency" include the judicial branch.

23         Section 17.  Subsections (8), (9), and (10) of section

24  216.0172, Florida Statutes, are redesignated as subsections

25  (9), (10), and (11), respectively, and a new subsection (8) is

26  added to that section to read:

27         216.0172  Schedule for submission of performance-based

28  program budgets.--In order to implement the provisions of

29  chapter 94-249, Laws of Florida, state agencies shall submit

30  performance-based program budget legislative budget requests

31  for programs approved pursuant to s. 216.0166 to the Executive

                                  21

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  1  Office of the Governor and the Legislature based on the

  2  following schedule:

  3         (8)  By September 15, 2001, the judicial branch shall

  4  submit to the Legislature a performance-based program budget

  5  request for programs approved by the Legislature, and a copy

  6  of the request must be provided to the Governor.

  7         Section 18.  Subsections (1) and (2) of section

  8  216.023, Florida Statutes, are amended to read:

  9         216.023  Legislative budget requests to be furnished by

10  agencies.--

11         (1)  The head of each state agency, except as provided

12  in subsection (2), shall submit a final legislative budget

13  request to the Legislature and to the Governor, as chief

14  budget officer of the state, in the form and manner prescribed

15  in the budget instructions and at such time as specified by

16  the Executive Office of the Governor, based on the agency's

17  independent judgment of its needs.  However, no state agency

18  shall submit its final legislative budget request later than

19  September 1 of each year.

20         (2)  The judicial branch and the Division of

21  Administrative Hearings shall submit their final legislative

22  budget requests directly to the Legislature with a copy to the

23  Governor, as chief budget officer of the state, in the form

24  and manner as prescribed in the budget instructions.  However,

25  the final legislative budget requests shall be submitted no

26  later than September 1 of each year.

27         Section 19.  Subsections (1) and (2) of section

28  216.0235, Florida Statutes, are amended to read:

29         216.0235  Performance-based legislative program budget

30  requests to be furnished by agencies.--

31

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  1         (1)  The head of each state agency, except as provided

  2  in subsection (2), shall submit a final legislative program

  3  budget request to the Legislature and to the Governor, as

  4  chief budget officer of the state, in the form and manner

  5  prescribed in the program budget instructions and at such time

  6  as specified by the Executive Office of the Governor, based on

  7  the agency's independent judgment of its needs. However, a

  8  state agency may not submit its final legislative program

  9  budget request later than September 1 of each year. The

10  provisions of s. 216.023 do not apply to programs within state

11  agencies that have been approved to operate under a

12  performance-based program budget.

13         (2)  The judicial branch shall submit its final

14  legislative program budget request directly to the Legislature

15  with a copy to the Governor, as chief budget officer of the

16  state, in the form and manner prescribed in the program budget

17  instructions. However, the final legislative program budget

18  requests shall be submitted no later than September 1 of each

19  year.

20         Section 20.  Subsection (6) is added to section

21  216.0166, Florida Statutes, to read:

22         216.0166  Submission by state agencies of

23  performance-based budget requests, programs, and performance

24  measures.--

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

26  which the judicial branch is required to submit a

27  performance-based program budget request pursuant to s.

28  216.0172, the Chief Justice shall identify and, after

29  consultation with the Office of Program Policy Analysis and

30  Government Accountability and the legislative staff of the

31  appropriate substantive and appropriations committees in the

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

  2  Legislature a list of proposed programs and associated

  3  performance measures.  The judicial branch shall provide

  4  documentation to accompany the list of proposed programs and

  5  performance measures as provided under s. 216.0166(2).  The

  6  judicial branch shall submit a performance-based program

  7  legislative budget request pursuant to s. 216.0172 using the

  8  programs and performance measures adopted by the Legislature.

  9  The Chief Justice may propose revisions to approved programs

10  or performance measures for the judicial branch.  The

11  Legislature shall have final approval of all programs and

12  associated performance measures and standards for the judicial

13  branch through the General Appropriations Act or legislation

14  implementing the General Appropriations Act.

15         Section 21.  Sections 10 and 11 of this act shall be

16  funded consistent with the General Appropriations Act.

17         Section 22.  This act shall take effect upon becoming a

18  law.

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  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                             SB 1212

  3

  4  The proposed committee substitute establishes the framework
    for implementation of Revision 7 over the next four years:
  5
    --    Definitions are provided for the essential elements of
  6        the state courts system, the public defenders' offices,
          the state attorneys' offices, court appointed counsel,
  7        and those court-related functions that are the
          responsibility of the counties for funding purposes.
  8
    --    A phase-in schedule is established for the Legislature
  9        to review the state courts system, the public defenders'
          and state attorneys' offices, court appointed counsel,
10        and the court related functions of the clerks of the
          court.
11
    --    The clerks of the circuit and county courts are required
12        to provide specified information on court-related
          services and associated fees, costs, and service
13        charges.

14  --    A process is created by which small counties, with
          populations of less than 85,000 may apply to the
15        Governor and Cabinet for assistance from the Working
          Capital Fund in paying extraordinary
16        criminal-case-related costs.

17  --    Pilot projects are created in three counties to provide
          reimbursement for the cost of conflict counsel. The
18        selected counties must agree to institute cost
          containment and accountability processes and to provide
19        detailed quarterly reports.

20  --    The Article V Financial Accountability and Efficiency
          Workgroup is created to serve through January 15, 2001
21        and review financial systems for implementation of
          Revision 7.
22
    --    A Joint Legislative Committee on Article V is created to
23        coordinate and oversee the implementation of Revision 7
          to Article V of the State Constitution.
24
    --    Counties are required to continue to fund existing
25        functions of the state courts system, state attorneys'
          offices, public defenders' offices, office of the
26        statewide prosecutor, court appointed counsel, and the
          offices of the clerks of the circuit and county courts
27        performing court-related functions.

28  --    The judicial branch is required to comply with the
          statutory performance based budgeting requirements that
29        all agencies must implement.

30  --    The proposed committee substitute specifies that nothing
          in the act requires the state to fund any court-related
31        activity except as provided in the sections creating the
          process for small county reimbursement of
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  1        criminal-case-related costs and the pilot projects.

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