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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 2                                 .
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 3                                 .
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 4                                                                

 5                                           ORIGINAL STAMP BELOW

 6

 7

 8

 9

10                                                                

11  The Committee on Criminal Justice Appropriations offered the

12  following:

13

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

17

18  and insert in lieu thereof:

19

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

                                  1

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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

                                  2

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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

                                  3

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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

                                  4

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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.

18

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

                                  5

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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.

                                  6

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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

                                  7

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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

                                  8

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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

                                  9

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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

                                  10

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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.

                                  11

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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.

                                  12

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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

                                  13

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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.

21

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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