Senate Bill 1212e1

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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; creating

  6         the Supreme Court Workload Study Commission;

  7         providing members; providing duties; providing

  8         staffing; requiring a report; amending s.

  9         216.0166, F.S.; providing requirements for

10         performance-based program budgeting for the

11         judicial branch; providing an effective date.

12

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

14

15         Section 1.  Intent.--

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

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

18  Constitution, the state courts system be defined to include

19  the essential elements of the Supreme Court, district courts

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

21  supports thereto.  Similarly, the offices of public defenders

22  and state attorneys shall include those essential elements as

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

24  offices are defined to include the essential elements of the

25  20 state attorneys' offices and the public defenders' offices

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

27  defenders' offices.  Court appointed counsel are defined as

28  counsel appointed to ensure due process in criminal and civil

29  proceedings in accordance with state and federal

30  constitutional guarantees.

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

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

  3  be provided by adequate and appropriate filing fees for

  4  judicial proceedings and service charges and costs for

  5  performing court-related functions.

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

  7  required to fund the cost of communications services, existing

  8  radio systems, existing multi-agency criminal justice

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

10  maintenance, utilities, and security of facilities for the

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

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

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

14  addition, the counties will continue to fund existing elements

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

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

17  of the clerks of the circuit and county courts performing

18  court-related functions, consistent with current law and

19  practice, until such time as the Legislature expressly assumes

20  the responsibility for funding those elements. Counties will

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

22  statewide prosecution. Additionally, the Legislature will

23  define by general law those local requirements of the state

24  courts system for which the counties must pay reasonable and

25  necessary salaries, costs, and expenses.

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

27  funded by the state or prescribed or established in general

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

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

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

31  circuit and county court clerks performing court-related


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

  2  Constitution.

  3         Section 2.  Basis for funding.--

  4         (1)  The Legislature's appropriation of funding in the

  5  General Appropriations Act for appropriate salaries, costs,

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

  7  Constitution shall be based upon reliable and auditable data

  8  substantiating the revenues and expenditures associated with

  9  each essential element.

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

11  assessments shall be imposed and enforced by the courts,

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

13  may be directed to the state in accordance with authorizations

14  and procedures as determined by general law.

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

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

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

18  procedures established pursuant to general law.  Similarly,

19  requests for reductions in fees and costs and for a

20  court-appointed attorney shall occur after examination,

21  pursuant to general law.

22         Section 3.  Phase-in schedule.--

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

24  Legislature shall:

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

26  elements appropriate to receive state funding and, based on

27  the availability of accurate data, determine the most

28  appropriate means for funding such elements and provide

29  direction regarding budgeting for the state courts system.

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

31  the state courts system which may be funded from appropriate


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  1  filing fees for judicial proceedings and service charges and

  2  costs.

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

  4  2002-2003 the Legislature shall review the offices of the

  5  state attorneys and public defenders and the use of civil

  6  indigency counsel and conflict counsel to determine those

  7  elements appropriate to receive state funding and, based on

  8  the availability of accurate data, determine the most

  9  appropriate means for funding such elements and provide

10  direction regarding budgeting for the state attorneys'

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

12  counsel.

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

14  2003-2004 the Legislature shall review the offices of the

15  clerks of the circuit and county courts to define

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

17  court-related functions and costs, the Legislature may

18  determine the appropriate levels of filing fees, service

19  charges, and court costs to fund those functions.

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

21  Legislature shall review current law with regard to

22  authorizations for court costs, fines, and other dispositional

23  assessments and redirect appropriate revenues to the state.

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

25  fully effectuate the requirements of Article XII, Section 25

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

27  counties are financially obligated to continue to fund

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

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

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

31  performing court-related functions, consistent with current


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

  2  assumes the responsibility for funding such elements. Counties

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

  4  statewide prosecution. Additionally, the Legislature will

  5  define by general law those local requirements of the state

  6  courts system for which the counties must pay reasonable and

  7  necessary salaries, costs, and expenses.

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

  9  Section 14 of the State Constitution, commencing in fiscal

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

11         (a)  To  create a contingency fund to assist small

12  counties with extraordinary case-related costs in criminal

13  cases.

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

15  cover reasonable and necessary conflict attorneys.

16         Section 4.  State courts system.--

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

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

19  courts system are as follows:

20         (a)  Judges appointed or elected pursuant to chapters

21  25, 26, 34 and 35, Florida Statutes, and essential staff,

22  expenses, and costs as determined by general law.

23         (b)  Juror compensation and expenses and reasonable

24  juror accommodations when necessary.

25         (c)  Reasonable court reporting services necessary to

26  meet constitutional requirements.

27         (d)  Auxiliary aids and services for qualified

28  individuals with a disability which are necessary to ensure

29  access to the courts. Such auxiliary aids and services

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

31  translators, real-time transcription services for individuals


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  1  who are hearing impaired, and assistive listening devices.

  2  This section does not include physical modifications to court

  3  facilities; noncourtroom communication services; or other

  4  accommodations, auxiliary aids, or services for which the

  5  counties are responsible pursuant to Section 14 of Article V

  6  of the State Constitution.

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

  8  utilities and security for the district courts of appeal and

  9  the Supreme Court.

10         (f)  Foreign language interpreters and translators

11  essential to comply with constitutional requirements.

12         (g)  Staff and expenses of the Judicial Qualifications

13  Commission.

14         Section 5.  State attorneys' offices and prosecution

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

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

17  attorneys' offices are as follows:

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

19  assistant state attorneys and essential staff as determined by

20  general law.

21         (2)  Reasonable court reporting services necessary to

22  meet constitutional requirements.

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

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

25  witnesses are summoned by a state attorney; mental health

26  professionals who are appointed pursuant to section 394.473,

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

28  indigent; and expert witnesses who are appointed pursuant to

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

30  hearing involving an indigent.

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  1         Section 6.  Public defenders and indigent defense

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

  3  the State Constitution, the essential elements of the public

  4  defenders' offices are as follows:

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

  6  assistant public defenders and essential staff as determined

  7  by general law.

  8         (2)  Reasonable court reporting services necessary to

  9  meet constitutional requirements.

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

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

12  witnesses are summoned on behalf of an indigent defendant;

13  mental health professionals who are appointed pursuant to s.

14  394.473, Florida Statutes, and required in a court hearing

15  involving an indigent; and expert witnesses who are appointed

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

17  in a court hearing involving an indigent.

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

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

20  the essential elements of court appointed counsel are as

21  follows:

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

23  cases where the defendant is indigent and cannot be

24  represented by the public defender.

25         (2)  Private attorneys appointed by the court to

26  represent indigents or other classes of litigants in civil

27  proceedings requiring court appointed counsel in accordance

28  with state and federal constitutional guarantees.

29         (3)  Reasonable court reporting services necessary to

30  meet constitutional requirements.

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

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

  3  witnesses are summoned on behalf of an indigent defendant;

  4  mental health professionals who are appointed pursuant to

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

  6  hearing involving an indigent; and expert witnesses who are

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

  8  and required in a court hearing involving an indigent.

  9         (5)  Investigating and assessing the indigency of any

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

11  portion thereof, or applies for representation by a public

12  defender or private attorney.

13         Section 8.  County funding of court-related

14  functions.--

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

16  the State Constitution to fund the cost of communications

17  services, existing radio systems, existing multi-agency

18  criminal justice information systems, and the cost of

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

20  facilities for the circuit and county courts, public

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

22  of the clerks of the circuit and county courts performing

23  court-related functions. For purposes of implementing these

24  requirements, the term:

25         (a)  "Facility" means reasonable and necessary

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

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

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

29  of the circuit or county courts, public defenders' offices,

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

31  office of the clerks of the circuit and county courts and all


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  1  storage. The term also includes access to parking for such

  2  facilities in connection with such court-related functions

  3  that may be available free or from a private provider or a

  4  local government for a fee.

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

  6  limited to, all reasonable and necessary costs of the

  7  acquisition of facilities, equipment and furnishings for all

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

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

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

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

12  circuit and county courts.  This includes expenses related to

13  financing such facilities and the existing and future cost and

14  bonded indebtedness associated with placing the facilities in

15  use.

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

17  reasonable and necessary costs of custodial and grounds

18  keeping services and renovation and reconstruction as needed

19  to accommodate functions for the circuit and county courts,

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

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

22  of the clerks of the circuit and county court and for

23  maintaining the facilities in a condition appropriate and safe

24  for the use intended.

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

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

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

28  systems, stormwater or runoff services and systems, sewer

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

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

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  1  the mitigation of environmental impacts directly related to

  2  the facility.

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

  4  reasonable and necessary costs of services of law enforcement

  5  officers or licensed security guards and all electronic,

  6  cellular, or digital monitoring and screening devices

  7  necessary to ensure the safety and security of all persons

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

  9  the facility, including protection of property owned by the

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

11  any facility.  This includes bailiffs while providing

12  courtroom and other security for each judge and other

13  quasi-judicial officers.

14         (f)  "Communications systems or communications

15  services" are defined as any reasonable and necessary

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

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

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

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

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

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

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

23  county courts performing court-related functions.  Such system

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

25         1.  Telephone services and equipment, including

26  facsimile, wireless communications, video teleconferencing,

27  pagers, computer lines, and telephone switching equipment and

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

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

30  support staff or services necessary for operation.

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  1         2.  Computer systems and equipment, including computer

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

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

  4  supplies, and line charges necessary for an integrated

  5  computer system to support the operations and management of

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

  7  the offices of the state attorneys, and the offices of the

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

  9  connect those entities and reporting data to the state as

10  required for the transmission of revenue, performance

11  accountability, case management, data collection, budgeting,

12  and auditing purposes.

13         3.  Postage, printed documents, radio, courier

14  messenger and subpoena services, support services, all

15  maintenance, supplies and line charges.

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

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

18  circuit and county courts, the offices of the public

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

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

21  circuit and county courts.  This includes radio systems that

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

23  Article V of the State Constitution was adopted and any

24  enhancements made thereafter, the maintenance of those

25  systems, and the personnel and supplies necessary for

26  operation.

27         (h)  "Existing multi-agency criminal justice

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

29  components of the multi-agency criminal justice information

30  system as defined in section 943.045, Florida Statutes,

31  supporting the offices of the circuit or county courts, the


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

  2  those portions of the offices of the clerks of the circuit and

  3  county courts performing court-related functions that are used

  4  to carry out the court-related activities of those entities.

  5  This includes upgrades and maintenance of the current

  6  equipment, maintenance and upgrades of supporting technology

  7  infrastructure and associated staff, and services and expenses

  8  to assure continued information sharing and reporting of

  9  information to the state.  The counties shall also provide

10  additional information technology services, hardware, and

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

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

13  offices, and the offices of the clerks of the circuit and

14  county court performing court-related functions.

15         (2)  Counties shall pay reasonable and necessary

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

17  meet local requirements as determined by general law.

18         Section 9.  Article V Financial Accountability and

19  Efficiency Workgroup.--

20         (1)  The Article V Financial Accountability and

21  Efficiency Workgroup is created to serve through January 15,

22  2001. The workgroup shall consist of 11 voting members and 4

23  ex officio members as follows:

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

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

26         (c)  The Secretary of the Department of Management

27  Services or his or her designee.

28         (d) A representative from the state courts system

29  designated by the Chief Justice.

30         (e)  The Executive Director of the Fiscal

31  Responsibility Council from the House of Representatives or


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  1  other person designated by the Speaker of the House of

  2  Representatives.

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

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

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

  6  Intergovernmental Relations or his or her designee.

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

  8  and Budget or his or her designee.

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

10  Analysis and Government Accountability or his or her designee.

11         (j)  A representative of the Florida Association of

12  Counties as an ex-officio member.

13         (k)  A representative of the Florida Association of

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

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

16  Association as an ex-officio member.

17         (m)  A representative of the Florida Prosecuting

18  Attorneys Association as an ex-officio member.

19

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

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

22  the workgroup.  The Joint Legislative Committee on Article V

23  shall provide staff support for the workgroup.

24         (2)  The workgroup shall develop recommendations

25  concerning financial accountability systems and standards for

26  use during and after the transition from local to state

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

28  Section 14 of the State Constitution.

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

30  current Uniform Chart of Accounts, Florida Accounting

31  Information System, or any other existing state accounting


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  1  systems and advise the Legislature on whether any of the

  2  systems are appropriate for the long-term accounting

  3  requirements for expenditures and revenues. The workgroup

  4  shall advise the Legislature on any modifications or

  5  enhancements that may be necessary to existing systems and

  6  recommend a plan to implement the necessary modifications or

  7  enhancements.

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

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

10  Legislature with a full explanation of the reasons and develop

11  at least two options for Legislative consideration.

12         (5)  The workgroup shall examine incentives pursuant to

13  current law for compliance with state reporting requirements

14  and make recommendations to further encourage local

15  compliance.

16         (6)  The workgroup shall consider and make

17  recommendations regarding alternative structures for budgeting

18  and fiscal management for the state courts system, public

19  defenders' offices, state attorneys' offices, constitutionally

20  required court-appointed attorneys and the clerks of the

21  circuit and county courts.  In developing the alternatives,

22  the workgroup shall consider using existing management

23  entities such as the Justice Administrative Commission, the

24  Office of the State Courts Administrator, or any other

25  appropriate entity.

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

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

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

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

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

31  be compiled by each county. The information obtained must


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  1  address the authority for collection, the authorized amount,

  2  the total amount collected, identification of where the funds

  3  are collected and distributed, the amount distributed to each

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

  5  funds by the receiving entity.

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

  7  financial accountability systems and standards, the workgroup

  8  may also assess the efficiency and effectiveness of the state

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

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

11  constitutionally required court-appointed attorneys' operating

12  policies and procedures related to financial management and

13  reporting.  The assessment may include a review of current

14  organizational duties and responsibilities for supporting

15  entities.  The workgroup may include in its final report

16  recommendations for improving operating policies and

17  procedures relating to the financial management activities of

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

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

20  constitutionally required court-appointed attorneys.

21         (9)  Subject to the availability of specific

22  appropriations and the approval of the President of the Senate

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

24  may contract for consultants or technical assistance in

25  carrying out its responsibilities.

26         (10)  The workgroup shall be terminated upon the

27  issuance of a report and final recommendations to the Joint

28  Legislative Committee on Article V, the President of the

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

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

31  January 15, 2001.


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  1         Section 10.  Contingency fund.--

  2         (1)  Any county with a population of less than 85,000,

  3  according to the most recent decennial census, may apply to

  4  the Office of the State Courts Administrator for additional

  5  funding to cover extraordinary criminal case related costs.

  6         (2)  The Office of the State Courts Administrator, in

  7  consultation with the chairs of the appropriations committees

  8  of the Legislature, shall develop a process whereby counties

  9  may request funds pursuant to this section.  Such process

10  shall be consistent with legislative intent regarding this

11  act.  The Office of the State Courts Administrator shall

12  review any request for funds by a county under this section

13  and, if the Office of the State Courts Administrator

14  determines that a request is valid, it may provide assistance

15  upon finding a qualifying county's budget is inadequate to

16  cover extraordinary criminal case related costs and that the

17  deficiency will result in an impairment of the operations of

18  the county.

19         (3)  The State Courts Administrator shall submit a

20  report on a quarterly basis, including a complete accounting

21  of the contingency fund.

22         Section 11.  Pilot projects; conflict

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

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

25  Florida Statutes, the Legislature creates pilot projects to

26  reimburse three counties for expenses related to reasonable

27  and necessary conflict attorneys.  The counties selected must

28  agree to institute cost containment and accountability

29  processes and to provide a detailed quarterly report to the

30  Governor, the President of the Senate, the Speaker of the

31  House of Representatives, and the Joint Legislative Committee


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    CS for SB 1212                                 First Engrossed



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

  2  to:

  3         (1)  The total number of conflict cases.

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

  5  if any.

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

  7  specificity.

  8         (4)  The length of each case.

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

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

11  attorneys.

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

13  flat fee, contract, or other.

14

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

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

17  to an overextended caseload.

18         Section 12.  Clerks of the court reporting

19  requirements.--

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

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

22  Joint Legislative Committee on Article V and the Article V

23  Financial Accountability and Efficiency Workgroup:

24         (a)  A detailed description of the services currently

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

26  and public defenders' offices.

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

28  services provided.

29         (c)  Detailed information on the current source of

30  funding for each service.

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    CS for SB 1212                                 First Engrossed



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

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

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

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

  5  judicial order that authorizes the collection.  This list

  6  shall also address the event that authorizes the collection

  7  and the designated use of the amounts collected.

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

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

10  or other charge for fiscal year 1998-1999.

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

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

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

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

15  total amounts distributed for fiscal year 1998-1999.

16         (2)  To the extent applicable, information provided

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

18  current accounting classifications required by the Uniform

19  Chart of Accounts as developed pursuant to section 218.33,

20  Florida Statutes.

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

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

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

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

25  county courts should continue to provide in the future.

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

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

28  functions.

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

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

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    CS for SB 1212                                 First Engrossed



  1  service charges recommended in paragraph (b) would be

  2  violative of the state or federal constitution.

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

  4  to read:

  5         11.75  Joint Legislative Committee on Article V.--

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

  7  the State Constitution is created.  The committee shall be

  8  composed of eight members appointed as follows: four members

  9  of the Senate appointed by the President of the Senate and

10  four members of the House of Representatives appointed by the

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

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

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

14  of Representatives shall appoint the chair in odd-numbered

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

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

17  manner as the original appointment.

18         (2)  The joint committee shall coordinate and oversee

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

20  Constitution. The joint committee shall make recommendations

21  to the Legislature, including proposed legislation, in an

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

23         (3)  The Legislature shall review the joint committee

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

25         Section 14.  Nothing in this act shall require the

26  Legislature to fund any court function or court-related

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

28  public defenders' offices, conflict counsel, the statewide

29  prosecutor, or the clerks of the circuit and county courts.

30         Section 15.  Section 216.001, Florida Statutes, is

31  amended to read:


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    CS for SB 1212                                 First Engrossed



  1         216.001  Definitions.--For purposes of chapter 94-249,

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

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

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

  5  board, commission, division, bureau, section, district,

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

  7  government, however designated, and the Public Service

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

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

10  94-249, "judicial branch" shall mean all officers, employees,

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

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

13  Judicial Qualifications Commission.

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

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

16         216.011  Definitions.--

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

18  appropriations acts, legislative budgets, and approved

19  budgets, each of the following terms has the meaning

20  indicated:

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

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

23  department of the executive branch of state government.  For

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

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

26  Capital Collateral Representative, and the Justice

27  Administrative Commission. Solely for the purpose of

28  implementing Article III, Section 19(h) of the State

29  Constitution, the terms "state agency" or "agency" include the

30  judicial branch.

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    CS for SB 1212                                 First Engrossed



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

  2  216.0172, Florida Statutes, are redesignated as subsections

  3  (9), (10), and (11), respectively, and a new subsection (8) is

  4  added to that section to read:

  5         216.0172  Schedule for submission of performance-based

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

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

  8  performance-based program budget legislative budget requests

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

10  Office of the Governor and the Legislature based on the

11  following schedule:

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

13  submit to the Legislature a performance-based program budget

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

15  of the request must be provided to the Governor.

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

17  216.023, Florida Statutes, are amended to read:

18         216.023  Legislative budget requests to be furnished by

19  agencies.--

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

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

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

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

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

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

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

27  shall submit its final legislative budget request later than

28  September 1 of each year.

29         (2)  The judicial branch and the Division of

30  Administrative Hearings shall submit their final legislative

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


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    CS for SB 1212                                 First Engrossed



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

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

  3  the final legislative budget requests shall be submitted no

  4  later than September 1 of each year.

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

  6  216.0235, Florida Statutes, are amended to read:

  7         216.0235  Performance-based legislative program budget

  8  requests to be furnished by agencies.--

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

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

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

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

13  prescribed in the program budget instructions and at such time

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

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

16  state agency may not submit its final legislative program

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

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

19  agencies that have been approved to operate under a

20  performance-based program budget.

21         (2)  The judicial branch shall submit its final

22  legislative program budget request directly to the Legislature

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

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

25  instructions. However, the final legislative program budget

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

27  year.

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

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

30  has not increased since 1940 and that therefore it is

31  necessary and beneficial to the furtherance of an efficient


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    CS for SB 1212                                 First Engrossed



  1  and effective judiciary to study the workload of the Florida

  2  Supreme Court.

  3         (2)  The Supreme Court Workload Study Commission is

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

  5  Administrator for administrative and fiscal purposes only.

  6  The Supreme Court Workload Study Commission shall consist of

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

  8  follows:

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

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

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

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

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

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

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

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

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

18  The Florida Bar.

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

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

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

22  of the commission.

23         (3)  Members of the commission shall serve without

24  compensation, except for per diem and reimbursement of travel

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

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

27  as the original appointment.

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

29  Analysis and Government Accountability, the Office of the

30  State Courts Administrator shall conduct a workload study of

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    CS for SB 1212                                 First Engrossed



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

  2  to the commission by November 1, 2000.

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

  4  the Office of the State Courts Administrator and any other

  5  relevant data, the commission shall develop recommendations

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

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

  8  commission shall report its recommendation to the Joint

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

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

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

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

13  commission be staffed by the Joint Legislative Committee on

14  Article V, and that the commission automatically terminate

15  upon submission of its report to the Legislature.

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

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

18  to read:

19         216.0166  Submission by state agencies of

20  performance-based budget requests, programs, and performance

21  measures.--

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

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

24  is required to submit a performance-based program budget

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

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

27  list of proposed state agency programs and performance

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

29  rules affecting its performance which may be addressed as

30  incentives or disincentives for the performance-based program

31  budget.  The list should be accompanied by recommended


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    CS for SB 1212                                 First Engrossed



  1  legislation to implement the requested changes for potential

  2  incentives. Such identification shall be conducted after

  3  discussion with legislative appropriations and appropriate

  4  substantive committees and shall be approved by the Executive

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

  6  after discussion with legislative appropriations and

  7  appropriate substantive committees and the Office of Program

  8  Policy Analysis and Government Accountability, shall review

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

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

11  make a final recommendation of programs and associated

12  performance measures to the Legislature within 60 days after

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

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

15  216.023(5). The Executive Office of the Governor may also

16  recommend legislation to implement any or all of the proposed

17  incentives.  Agencies continuing under performance-based

18  program budgeting may provide as part of their legislative

19  budget request a list of statutes or rules affecting their

20  program performance which may be addressed as incentives or

21  disincentives for the performance-based program budget.

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

23  which the judicial branch is required to submit a

24  performance-based program budget request pursuant to s.

25  216.0172, the Chief Justice shall identify and, after

26  consultation with the Office of Program Policy Analysis and

27  Government Accountability and legislative staff of the

28  appropriate substantive and appropriations committees in the

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

30  Legislature a list of proposed programs and associated

31  performance measures.  The judicial branch shall provide


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    CS for SB 1212                                 First Engrossed



  1  documentation to accompany the list of proposed programs and

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

  3  judicial branch shall submit a performance-based program

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

  5  programs and performance measures adopted by the Legislature.

  6  The Chief Justice may propose revisions to approved programs

  7  or performance measures for the judicial branch.  The

  8  Legislature shall have final approval of all programs and

  9  associated performance measures and standards for the judicial

10  branch through the General Appropriations Act or legislation

11  implementing the General Appropriations Act.

12         Section 22.  Sections 10 and 11 of this act shall be

13  funded consistent with the General Appropriations Act.

14         Section 23.  This act shall take effect upon becoming a

15  law.

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