1 | A bill to be entitled |
2 | An act relating to court system funding; amending s. |
3 | 29.008, F.S.; defining the term "base year"; revising the |
4 | provisions for determining county compliance with the |
5 | funding of certain court expenses; amending s. 29.0085, |
6 | F.S.; providing that submission of certain county fiscal |
7 | information rely on certain base year statements; |
8 | providing an effective date. |
9 |
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10 | Be It Enacted by the Legislature of the State of Florida: |
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12 | Section 1. Subsection (4) of section 29.008, Florida |
13 | Statutes, is amended to read: |
14 | 29.008 County funding of court-related functions.-- |
15 | (4)(a) For purposes of this subsection, the term "base |
16 | year" means the average of the expenditures over the previous 5 |
17 | fiscal years for the items specified in paragraphs (1)(c)-(h). |
18 | (b) A county may demonstrate compliance with its funding |
19 | obligations under this section by showing a 1.5 percent growth |
20 | per year in expenditures for the Except for revenues used for |
21 | the payment of principal or interest on bonds, tax anticipation |
22 | certificates, or any other form of indebtedness as allowed under |
23 | s. 218.25(1), (2) or (4), the Department of Revenue shall |
24 | withhold revenue sharing receipts distributed pursuant to part |
25 | II of chapter 218 from any county not in compliance with the |
26 | county funding obligations for items specified in paragraphs |
27 | (1)(c)-(h)(a), (c), (d), (e), (f), (g), and (h) and subsection |
28 | (3) over the base year statement required under s. 29.0085; |
29 | however, a county may expend less than the amount specified in |
30 | this paragraph if the difference is attributable to savings |
31 | realized through technology and equipment innovations. Any such |
32 | reduced expenditures may be certified by the chief judge of the |
33 | county. The department shall withhold an amount equal to the |
34 | difference between the amount spent by the county for the |
35 | particular item in county fiscal year 2002-2003, the base year, |
36 | plus 3 percent, and the amount budgeted by the county for these |
37 | obligations in county fiscal year 2004-2005, if the latter is |
38 | less than the former. Every year thereafter, the department |
39 | shall withhold such an amount if the amount budgeted in that |
40 | year is less than the base year plus 1.5 percent growth per |
41 | year. On or before December 31, 2004, counties shall send to the |
42 | department a certified copy of their budget documents for the |
43 | respective 2 years, separately identifying expenditure amounts |
44 | for each county funding obligation specified in paragraphs |
45 | (1)(a), (c), (d), (e), (f), (g), and (h) and subsection (3). |
46 | Each year thereafter, on or before December 31 of that year, |
47 | each county shall send a certified copy of its budget document |
48 | to the department. |
49 | (b) Beginning in fiscal year 2005-2006, additional amounts |
50 | shall be withheld pursuant to paragraph (a), if the amount spent |
51 | in the previous fiscal year on the items specified in paragraphs |
52 | (1)(a), (c), (d), (e), (f), (g), and (h), and subsection (3) is |
53 | less than the amount budgeted for those items. Each county shall |
54 | certify expenditures for these county obligations for the prior |
55 | fiscal year to the department within 90 days after the end of |
56 | the fiscal year. |
57 | (c) The department shall transfer the withheld payments to |
58 | the General Revenue Fund by March 31 of each year. These |
59 | payments are hereby appropriated to the Department of Revenue to |
60 | pay for these responsibilities on behalf of the county. |
61 | Section 2. Subsection (1) of section 29.0085, Florida |
62 | Statutes, is amended to read: |
63 | 29.0085 Annual statement of certain revenues and |
64 | expenditures.-- |
65 | (1) Each county shall submit annually to the Chief |
66 | Financial Officer a statement of revenues and expenditures as |
67 | set forth in this section in the form and manner prescribed by |
68 | the Chief Financial Officer in consultation with the Legislative |
69 | Committee on Intergovernmental Relations, provided that such |
70 | statement identify total county expenditures on each of the |
71 | services outlined in s. 29.008. The statement submitted pursuant |
72 | to this section for the average of the previous 5 county fiscal |
73 | years shall be the base year statement. |
74 | Section 3. This act shall take effect July 1, 2006. |