House Bill hb0065Ce1

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




                                          HB 65-C, First Engrossed



  1                      A bill to be entitled

  2         An act relating to the County Article V Trust

  3         Fund; amending s. 25.402, F.S.; clarifying

  4         duties of the Supreme Court with respect to use

  5         of the fund; allowing the use of funds for the

  6         operation of trial courts; providing an

  7         effective date.

  8

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

10

11         Section 1.  Section 25.402, Florida Statutes, is

12  amended to read:

13         25.402  County Article V Trust Fund.--

14         (1)(a)  The trust fund moneys in the County Article V

15  Trust Fund, administered by the Supreme Court, may be used to

16  compensate counties for the costs they incur under Article V

17  of the State Constitution in operating the state courts

18  system, including the costs they incur in providing and

19  maintaining court facilities.

20         (b)  When the Legislature appropriates moneys from the

21  trust fund to compensate counties, the Supreme Court must

22  shall adopt an allocation and disbursement plan for the

23  operation of the trust fund and the expenditure of moneys

24  deposited in the trust fund. The Supreme Court shall include

25  the plan in its legislative budget request. A committee of 15

26  people shall develop and recommend the allocation and

27  disbursement plan to the Supreme Court. The committee shall be

28  composed of:

29         1.  Six persons appointed by the Florida Association of

30  Counties, as follows:

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                                          HB 65-C, First Engrossed



  1         a.  Two persons residing in counties with populations

  2  fewer than 90,000.

  3         b.  Two persons residing in counties with populations

  4  greater than 89,999, but fewer than 700,000.

  5         c.  Two persons residing in counties with populations

  6  greater than 699,999.

  7         2.  Six persons appointed by the Chief Justice of the

  8  Supreme Court, as follows:

  9         a.  Two persons residing in counties with populations

10  fewer than 90,000.

11         b.  Two persons residing in counties with populations

12  greater than 89,999, but fewer than 700,000.

13         c.  Two persons residing in counties with populations

14  greater than 699,999.

15         3.  Three persons appointed by the Florida Association

16  of Court Clerks and Comptrollers, as follows:

17         a.  One person residing in a county with a population

18  fewer than 90,000.

19         b.  One person residing in a county with a population

20  greater than 89,999, but fewer than 700,000.

21         c.  One person residing in a county with a population

22  greater than 699,999.

23

24  The allocation and disbursement plan shall include provisions

25  to compensate counties with fewer than 90,000 residents for

26  court facility needs.

27         (c)  Amendments to the approved operating budget for

28  expenditures from the County Article V Trust Fund must be

29  approved in accordance with the provisions of s. 216.181. The

30  total amount disbursed from the County Article V Trust Fund

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                                          HB 65-C, First Engrossed



  1  may not exceed the amount authorized by the General

  2  Appropriations Act.

  3         (d)  Effective July 1, 2001, moneys generated from

  4  civil penalties distributed under s. 318.21(2)(h) shall be

  5  deposited in the trust fund and may be used for the following

  6  purposes:

  7         1.  Funds paid to counties with populations fewer than

  8  90,000 shall be grants-in-aid to be used, in priority order,

  9  for: operating expenditures of the offices of the state

10  attorneys and public defenders in accordance with Specific

11  Appropriation 2978B; consulting or architectural studies

12  related to the improvement of courthouse facilities; improving

13  court facilities to ensure compliance with the Americans with

14  Disabilities Act and other federal or state requirements;

15  other renovations in court facilities; improvements in court

16  security; and expert witness fees in criminal cases, court

17  reporting and transcribing costs in criminal cases, and costs

18  associated with the appointment of special public defenders.

19         2.  Funds paid to counties with populations exceeding

20  89,999 shall be grants-in-aid to be used, in priority order,

21  for operating expenditures of the offices of the state

22  attorneys and public defenders in accordance with Specific

23  Appropriation 2978B, costs paid by the county for expert

24  witness fees in criminal cases, court reporting and

25  transcribing costs in criminal cases, and costs associated

26  with the appointment of special public defenders.

27         3.  Funds may be appropriated for the operation of

28  trial courts.

29         (2)  This section expires June 30, 2002.

30         Section 2.  This act shall take effect upon becoming a

31  law.


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