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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