CODING: Words stricken are deletions; words underlined are additions.
HOUSE AMENDMENT
Bill No. HB 2381
Amendment No. 1 (for drafter's use only)
CHAMBER ACTION
Senate House
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5 ORIGINAL STAMP BELOW
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11 The Committee on Criminal Justice Appropriations offered the
12 following:
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14 Amendment (with title amendment)
15 On page 15, line 19, through page 28, line 8,
16 Remove from the bill: all of said lines
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18 and insert in lieu thereof:
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20 The chair and vice chair of the Commission on Revision 7 to
21 Article V shall respectively act as chair and vice chair of
22 the workgroup. The House Fiscal Responsibility Council and
23 Senate Budget and Fiscal Policy shall provide staff support
24 for the workgroup.
25 (2) The workgroup shall develop recommendations
26 concerning financial accountability systems and standards for
27 use during and after the transition from local to state
28 funding as required by the 1998 revisions to section 14,
29 Article V of the State Constitution.
30 (3) The workgroup shall consider the use of the
31 current Uniform Chart of Accounts, Florida Accounting
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HOUSE AMENDMENT
Bill No. HB 2381
Amendment No. 1 (for drafter's use only)
1 Information System or any other existing state accounting
2 systems and advise the Legislature on whether any of the
3 systems are appropriate for the long-term accounting
4 requirements for expenditures and revenues. The workgroup
5 shall advise the Legislature on any modifications or
6 enhancements to existing systems that may be necessary and
7 recommend a plan to implement the necessary modifications or
8 enhancements.
9 (4) If the workgroup determines that no existing state
10 system is appropriate for long-term use, it shall provide the
11 Legislature with a full explanation of the reasons and develop
12 at least two options for legislative consideration.
13 (5) The workgroup shall examine incentives pursuant to
14 current law for compliance with state reporting requirements
15 and make recommendations to further encourage local
16 compliance.
17 (6) The workgroup shall consider and make
18 recommendations regarding alternative structures for budgeting
19 and fiscal management for the state courts system, public
20 defenders' offices, state attorneys' offices, constitutionally
21 required court-appointed attorneys, and the clerks of the
22 circuit and county courts. In developing the alternatives,
23 the workgroup shall consider using existing management
24 entities such as the Justice Administrative Commission, the
25 Office of the State Courts Administrator, or any other
26 appropriate entity.
27 (7) The workgroup shall obtain data on all fees,
28 costs, service charges, fines, forfeitures, or other
29 court-related charges for court-related activities, evaluate
30 the data, make selected audits of such data as deemed
31 necessary, and report to the Commission on Revision 7 to
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HOUSE AMENDMENT
Bill No. HB 2381
Amendment No. 1 (for drafter's use only)
1 Article V regarding the accuracy of such data. Data shall be
2 compiled by each office of the clerk of the circuit and county
3 court or other entity. The information obtained must address
4 the authority for collection, the authorized amount, the total
5 amount collected, identification of where the funds are
6 distributed, the amount distributed to each identified entity,
7 and the required and actual use of the funds by the receiving
8 entity.
9 (8) In addition to the review and assessment of
10 financial accountability systems and standards, the workgroup
11 may also assess the efficiency and effectiveness of the state
12 courts system, public defenders' offices, state attorneys'
13 offices, offices of the clerks of the circuit and county
14 courts, and constitutionally required court-appointed
15 attorneys operating policies and procedures related to
16 financial management and reporting. The assessment may
17 include a review of current organizational duties and
18 responsibilities for supporting entities. The workgroup may
19 include in its final report, recommendations for improving
20 operating policies and procedures relating to the financial
21 management activities of the state courts system, public
22 defenders' offices, state attorneys' offices, offices of the
23 clerks of the circuit and county courts, and constitutionally
24 required court-appointed attorneys.
25 (9) Subject to the availability of specific
26 appropriations and the approval of the President of the Senate
27 and the Speaker of the House of Representatives, the workgroup
28 may contract for consultants or technical assistance in
29 carrying out its responsibilities.
30 (10) The workgroup shall be terminated upon the
31 issuance of a report and final recommendations to the
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HOUSE AMENDMENT
Bill No. HB 2381
Amendment No. 1 (for drafter's use only)
1 Commission on Revision 7 to Article V, the President of the
2 Senate, the Speaker of the House of Representatives, the Chief
3 Justice of the Supreme Court, and the Governor, not later than
4 January 15, 2001.
5 Section 10. Contingency fund.--
6 (1) Any county with a population of less than 85,000,
7 according to the most recent decennial census, may apply to
8 the Office of the State Courts Administrator for additional
9 funding to cover extraordinary criminal case related costs.
10 (2) The Office of the State Courts Administrator, in
11 consultation with the chairs of the appropriations committees
12 of the Legislature, shall develop a process whereby counties
13 may request funds pursuant to this section. Such process
14 shall be consistent with legislative intent regarding this
15 act. The Office of the State Courts Administrator shall
16 review any request for funds by a county under this section
17 and, if the Office of the State Courts Administrator
18 determines that a request is valid, it may provide assistance
19 upon finding a qualifying county's budget is inadequate to
20 cover extraordinary criminal case related costs and that the
21 deficiency will result in an impairment of the operations of
22 the county.
23 (3) The State Courts Administrator shall submit a
24 report on a quarterly basis, including a complete accounting
25 of the contingency fund.
26 Section 11. Pilot projects; conflict
27 attorneys.--Pursuant to section 25, Article XII and section
28 14, Article V of the State Constitution, and section 27.52,
29 Florida Statutes, the Legislature hereby creates pilot
30 projects to reimburse at least three counties for expenses
31 related to reasonable and necessary conflict attorneys. The
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HOUSE AMENDMENT
Bill No. HB 2381
Amendment No. 1 (for drafter's use only)
1 counties selected must agree to institute cost containment and
2 accountability processes and to provide a detailed quarterly
3 report to the Governor, the President of the Senate, the
4 Speaker of the House of Representatives, and the Commission on
5 Revision 7 to Article V. The report shall include, but is not
6 limited to:
7 (1) The total number of conflict cases.
8 (2) The steps that were taken to avoid the conflict,
9 if any.
10 (3) The number of each type of case identified with
11 specificity.
12 (4) The length of each case.
13 (5) The total amount paid to each attorney.
14 (6) The total year-to-date payments to conflict
15 attorneys.
16 (7) The method of payment, i.e. hourly rate, flat fee,
17 contract, or other.
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19 All information must be broken down based on whether the case
20 was given to outside counsel due to an ethical conflict or due
21 to an overextended caseload.
22 Section 12. Clerks of the court reporting
23 requirements.--
24 (1) The clerks of court shall, not later than
25 September 30, 2000, provide the following information to the
26 Commission on Revision 7 to Article V and the Article V
27 Financial Accountability and Efficiency Workgroup:
28 (a) A detailed description of the services currently
29 provided to the state courts system, state attorneys' offices,
30 and public defenders' offices.
31 (b) Detailed information on the cost of each of the
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HOUSE AMENDMENT
Bill No. HB 2381
Amendment No. 1 (for drafter's use only)
1 services provided.
2 (c) Detailed information on the current source of
3 funding for each service.
4 (d) A complete listing of all fees, costs, service
5 charges, fines, forfeitures, or other court-related charges
6 collected by the office of the clerk of the circuit and county
7 court and the statute, local ordinance, court rule, or
8 judicial order which authorizes the collection. This list
9 shall also address the event which authorizes the collection
10 and the designated use of the amounts collected.
11 (e) A total amount collected by the clerk in each
12 circuit for each fee, cost, service charge, fine, forfeiture,
13 or other charge for fiscal year 1998-1999.
14 (f) The distribution of each fee, cost, service
15 charge, fine, forfeiture, or other court-related charge
16 collected by the clerk. This shall include where the money is
17 distributed, the amount of each charge distributed, and the
18 total amounts distributed for fiscal year 1998-1999.
19 (2) To the extent applicable, information provided
20 under paragraphs (1)(a)-(f) shall be cross referenced to
21 current accounting classifications required by the Uniform
22 Chart of Accounts as developed pursuant to section 218.33,
23 Florida Statutes.
24 (3) The clerks of court shall, not later than
25 September 30, 2000, make recommendations on the following:
26 (a) Of those services currently provided by the clerks
27 of the court, services that the clerks of the circuit and
28 county courts should continue to provide in the future.
29 (b) Recommended levels of fees, costs, or service
30 charges to be used to fully fund the proposed court-related
31 functions.
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HOUSE AMENDMENT
Bill No. HB 2381
Amendment No. 1 (for drafter's use only)
1 (c) Alternative sources of funding, if it is the
2 clerks of court's position that the fees, costs, and service
3 charges recommended in paragraph (b) would be violative of the
4 State or Federal Constitution.
5 Section 13. Commission on Revision 7 to Article V.--
6 (1) The Commission on Revision 7 to Article V is
7 created. The Commission shall consist of 15 members appointed
8 by July 15, 2000, as follows.
9 (a) Five Senators appointed by the President of the
10 Senate.
11 (b) Five Representatives appointed by the Speaker of
12 the House of Representatives.
13 (c) One member appointed by the Chief Justice of the
14 Supreme Court.
15 (d) One member appointed by the Association of Court
16 Clerks and Comptroller.
17 (e) One member appointed by the Florida Association of
18 Counties.
19 (f) One member appointed by the Public Defenders'
20 Association.
21 (g) One member appointed by the Florida Prosecuting
22 Attorney's Association.
23 (2) The members of the commission shall choose one
24 Senator and one Representative to serve as Chair and Vice
25 Chair. In even numbered years, the Chair shall be the
26 Senator, and in odd numbered years the Chair shall be the
27 Representative. The Chair and Vice Chair shall alternate
28 seats and shall serve through May 1, 2005. A vacancy in the
29 commission shall be filled in the same manner as the original
30 appointment. Prior to the 2005 legislative session, the
31 Legislature shall review the Commission to determine the
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HOUSE AMENDMENT
Bill No. HB 2381
Amendment No. 1 (for drafter's use only)
1 necessity of its continued existence.
2 (3) The members of the Commission shall serve without
3 compensation, except for per diem and reimbursement of travel
4 expenses as provided by section 112.061, Florida Statutes.
5 (4) The Commission shall coordinate and oversee the
6 implementation of Revision 7 to Article V of the State
7 Constitution adopted in 1998. The Commission shall make
8 recommendations to the Legislature, including proposed
9 legislation, in an annual report to be submitted by October 15
10 of each year.
11 (5) Subject to the availability of specific
12 appropriations, the Commission may retain consultants,
13 technical assistance, and staff support necessary to carry out
14 its responsibilities. The Commission shall be attached to the
15 Office of Legislative Services for administrative purposes.
16 Section 14. Nothing in this act shall require the
17 state to fund the state courts system, state attorneys'
18 offices, public defenders' offices, court-appointed counsel,
19 office of the statewide prosecutor, or offices of the clerks
20 of the circuit and county courts.
21 Section 15. Section 216.001, Florida Statutes, is
22 amended to read:
23 216.001 Definitions.--For purposes of chapter 94-249,
24 Laws of Florida, except as otherwise provided herein, "state
25 agency" or "agency" means any unit of organization of the
26 executive branch, including any official, officer, department,
27 board, commission, division, bureau, section, district,
28 office, authority, committee, or council or any other unit of
29 government, however designated, and the Public Service
30 Commission. For purposes of chapter 94-249, "state agency"
31 shall not include the judicial branch. For purposes of chapter
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HOUSE AMENDMENT
Bill No. HB 2381
Amendment No. 1 (for drafter's use only)
1 94-249, "judicial branch" shall mean all officers, employees,
2 and offices of the Supreme Court, district courts of appeal,
3 circuit courts, county courts, Justice Data Center, and the
4 Judicial Qualifications Commission.
5 Section 16. Paragraph (mm) of subsection (1) of
6 section 216.011, Florida Statutes, is amended to read:
7 216.011 Definitions.--
8 (1) For the purpose of fiscal affairs of the state,
9 appropriations acts, legislative budgets, and approved
10 budgets, each of the following terms has the meaning
11 indicated:
12 (mm) "State agency" or "agency" means any official,
13 officer, commission, board, authority, council, committee, or
14 department of the executive branch of state government. For
15 purposes of this chapter and chapter 215, "state agency" or
16 "agency" includes state attorneys, public defenders, the
17 Capital Collateral Representative, and the Justice
18 Administrative Commission. Solely for the purposes of
19 implementing s. 19(h), Art. III of the State Constitution,
20 "state agency" or "agency" includes the judicial branch.
21 Section 17. Subsection (1) of section 216.0166,
22 Florida Statutes, is amended, and subsection (6) is added to
23 said section, to read:
24 216.0166 Submission by state agencies of
25 performance-based budget requests, programs, and performance
26 measures.--
27 (1) Except as provided in subsection (6), prior to
28 September 1 of the fiscal year prior to which a state agency
29 is required to submit a performance-based program budget
30 request pursuant to s. 216.0172, such state agency shall
31 identify and submit to the Executive Office of the Governor a
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HOUSE AMENDMENT
Bill No. HB 2381
Amendment No. 1 (for drafter's use only)
1 list of proposed state agency programs and performance
2 measures. The agency may also provide a list of statutes or
3 rules affecting its performance which may be addressed as
4 incentives or disincentives for the performance-based program
5 budget. The list should be accompanied by recommended
6 legislation to implement the requested changes for potential
7 incentives. Such identification shall be conducted after
8 discussion with legislative appropriations and appropriate
9 substantive committees and shall be approved by the Executive
10 Office of the Governor. The Executive Office of the Governor,
11 after discussion with legislative appropriations and
12 appropriate substantive committees and the Office of Program
13 Policy Analysis and Government Accountability, shall review
14 the list of programs and performance measures, may make any
15 changes or require the agency to resubmit the list, and shall
16 make a final recommendation of programs and associated
17 performance measures to the Legislature within 60 days after
18 receipt, to be used in the preparation and submission of the
19 state agency's final legislative budget request pursuant to s.
20 216.023(5). The Executive Office of the Governor may also
21 recommend legislation to implement any or all of the proposed
22 incentives. Agencies continuing under performance-based
23 program budgeting may provide as part of their legislative
24 budget request a list of statutes or rules affecting their
25 program performance which may be addressed as incentives or
26 disincentives for the performance-based program budget.
27 (6) Prior to September 15 of the fiscal year prior to
28 which the judicial branch is required to submit a
29 performance-based program budget request pursuant to s.
30 216.0172, the Chief Justice shall identify and, after
31 consultation with the Office of Program Policy Analysis and
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HOUSE AMENDMENT
Bill No. HB 2381
Amendment No. 1 (for drafter's use only)
1 Government Accountability and legislative staff of the
2 appropriate substantive and appropriations committees in the
3 Senate and the House of Representatives, shall submit to the
4 Legislature a list of proposed programs and associated
5 performance measures. The judicial branch shall provide
6 documentation to accompany the list of proposed programs and
7 performance measures as provided under subsection (2). The
8 judicial branch shall submit a performance-based program
9 legislative budget request pursuant to s. 216.0172, using the
10 programs and performance measures adopted by the Legislature.
11 The Chief Justice may propose revisions to approved programs
12 or performance measures for the judicial branch. The
13 Legislature shall have final approval of all programs and
14 associated performance measures and standards for the judicial
15 branch through the General Appropriations Act or legislation
16 implementing the General Appropriations Act.
17 Section 18. Subsections (8), (9), and (10) of section
18 216.0172, Florida Statutes, are renumbered as subsections (9),
19 (10), and (11), respectively, and a new subsection (8) is
20 added to said section to read:
21 216.0172 Schedule for submission of performance-based
22 program budgets.--In order to implement the provisions of
23 chapter 94-249, Laws of Florida, state agencies shall submit
24 performance-based program budget legislative budget requests
25 for programs approved pursuant to s. 216.0166 to the Executive
26 Office of the Governor and the Legislature based on the
27 following schedule:
28 (8) By September 15, 2001, the judicial branch shall
29 submit to the Legislature a performance-based program budget
30 request for programs approved by the Legislature, and copy the
31 Governor.
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HOUSE AMENDMENT
Bill No. HB 2381
Amendment No. 1 (for drafter's use only)
1 Section 19. Subsection (1) of section 216.023, Florida
2 Statutes, is amended to read:
3 216.023 Legislative budget requests to be furnished by
4 agencies.--
5 (1) The head of each state agency, except for the
6 judicial branch, shall submit a final legislative budget
7 request to the Legislature and to the Governor, as chief
8 budget officer of the state, in the form and manner prescribed
9 in the budget instructions and at such time as specified by
10 the Executive Office of the Governor, based on the agency's
11 independent judgment of its needs. However, no state agency
12 shall submit its final legislative budget request later than
13 September 1 of each year.
14 Section 20. Subsection (1) of section 216.0235,
15 Florida Statutes, is amended to read:
16 216.0235 Performance-based legislative program budget
17 requests to be furnished by agencies.--
18 (1) The head of each state agency, except for the
19 judicial branch, shall submit a final legislative program
20 budget request to the Legislature and to the Governor, as
21 chief budget officer of the state, in the form and manner
22 prescribed in the program budget instructions and at such time
23 as specified by the Executive Office of the Governor, based on
24 the agency's independent judgment of its needs. However, a
25 state agency may not submit its final legislative program
26 budget request later than September 1 of each year. The
27 provisions of s. 216.023 do not apply to programs within state
28 agencies that have been approved to operate under a
29 performance-based program budget.
30 Section 21. Sections 10 and 11 of this act shall be
31 funded consistent with the General Appropriations Act.
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HOUSE AMENDMENT
Bill No. HB 2381
Amendment No. 1 (for drafter's use only)
1 Section 22. Supreme Court Workload Study Commission.--
2 (1) The Legislature finds that the number of justices
3 has not increased since 1940 and that therefore it is
4 necessary and beneficial to the furtherance of an efficient
5 and effective judiciary to study the workload of the Florida
6 Supreme Court.
7 (2) The Supreme Court Workload Study Commission is
8 created and is assigned to the Office of the State Courts
9 Administrator for administrative and fiscal purposes only.
10 The Supreme Court Workload Study Commission shall consist of
11 seven members to be appointed on or before July 15, 2000, as
12 follows:
13 (a) The Speaker of the House of Representatives shall
14 appoint three members. One of the members must be a member of
15 the House of Representatives. At least one of the other two
16 members must be a member in good standing with The Florida
17 Bar.
18 (b) The President of the Senate shall appoint three
19 members. One of the members must be a member of the Senate.
20 At least one of the other two members must be a member in good
21 standing with The Florida Bar.
22 (c) The Chief Justice of the Florida Supreme Court
23 shall appoint one member who has served on the Supreme Court
24 but who is not presently serving, and who shall serve as chair
25 of the commission.
26 (3) Members of the commission shall serve without
27 compensation, except for per diem and reimbursement of travel
28 expenses as provided by section 112.061, Florida Statutes. A
29 vacancy on the commission shall be filled in the same manner
30 as the original appointment.
31 (4) In consultation with the Office of Program Policy
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HOUSE AMENDMENT
Bill No. HB 2381
Amendment No. 1 (for drafter's use only)
1 Analysis and Government Accountability, the Office of the
2 State Courts Administrator shall conduct a time study of the
3 workload of the current justices of the Supreme Court. The
4 time study shall cover the workload of the justices over a
5 period of 3 months. The results of the study shall be
6 delivered to each member of the commission by October 15,
7 2000, and shall reflect the number of hours spent by each
8 justice working on cases categorized by type of case.
9 (5) Using the study delivered by the Office of the
10 State Courts Administrator and any other relevant data, the
11 commission shall develop a recommendation regarding the need
12 for additional justices on the Supreme Court. The commission
13 shall report its recommendation to the Commission on Revision
14 7 to Article V, the Speaker of the House of Representatives,
15 the President of the Senate, and the Chief Justice of the
16 Supreme Court by February 15, 2001.
17 (6) It is the intent of the Legislature that the
18 commission be staffed by the Civil Justice Council in the
19 House of Representatives, and that the commission
20 automatically terminate upon submission of its report.
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22
23 ================ T I T L E A M E N D M E N T ===============
24 And the title is amended as follows:
25 On page 2, lines 13-15,
26 remove from the title of the bill: all of said lines
27
28 and insert in lieu thereof:
29 F.S.; establishing the Commission on Revision 7
30 to Article V; providing membership and duties
31 of the commission; providing for a
14
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