HB 1461

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

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