Senate Bill sb2024

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    Florida Senate - 2006                                  SB 2024

    By Senator Wise





    5-1390-06

  1                      A bill to be entitled

  2         An act relating to county funding of

  3         court-related functions; amending s. 29.008,

  4         F.S.; defining the term "base year"; deleting

  5         provisions relating to the withholding of

  6         revenue sharing receipts from any county not in

  7         compliance with the county funding obligations;

  8         deleting provisions that require the transfer

  9         of withheld payments to the General Revenue

10         Fund by a certain date; providing that a county

11         may demonstrate compliance with its funding

12         obligations by showing a certain percentage of

13         growth per year in expenditures for certain

14         items over the base year statement required;

15         authorizing a county to expend less than a

16         specified amount if the difference is

17         attributable to savings realized through

18         technology; authorizing the chief judge of a

19         county to certify any reduced expenditures;

20         amending s. 29.0085, F.S.; requiring the annual

21         statement of revenues and expenditures which a

22         county submits to the Chief Financial Officer

23         to be the base year statement; providing an

24         effective date.

25  

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

27  

28         Section 1.  Subsection (4) of section 29.008, Florida

29  Statutes, is amended to read:

30         29.008  County funding of court-related functions.--

31  

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    Florida Senate - 2006                                  SB 2024
    5-1390-06




 1         (4)(a)  The term "base year" means the average of

 2  expenditures over the previous 5 fiscal years for the items

 3  specified in paragraphs (1)(c)-(h). Except for revenues used

 4  for the payment of principal or interest on bonds, tax

 5  anticipation certificates, or any other form of indebtedness

 6  as allowed under s. 218.25(1),(2) or (4), the Department of

 7  Revenue shall withhold revenue sharing receipts distributed

 8  pursuant to part II of chapter 218 from any county not in

 9  compliance with the county funding obligations

10         (b)  A county may demonstrate compliance with its

11  funding obligations under this section by showing a 1.5

12  percent growth per year in expenditures for items specified in

13  paragraphs (1)(a), (c), (d), (e), (f), (g), and (h) and

14  subsection (3) over the base year statement required under s.

15  29.0085. However, a county may expend less than the amount

16  specified in this paragraph if the difference is attributable

17  to savings realized through innovations in technology and

18  equipment. Any reduced expenditures may be certified by the

19  chief judge of the county. The department shall withhold an

20  amount equal to the difference between the amount spent by the

21  county for the particular item in county fiscal year

22  2002-2003, the base year, plus 3 percent, and the amount

23  budgeted by the county for these obligations in county fiscal

24  year 2004-2005, if the latter is less than the former. Every

25  year thereafter, the department shall withhold such an amount

26  if the amount budgeted in that year is less than the base year

27  plus 1.5 percent growth per year. On or before December 31,

28  2004, counties shall send to the department a certified copy

29  of their budget documents for the respective 2 years,

30  separately identifying expenditure amounts for each county

31  funding obligation specified in paragraphs (1) (a), (c), (d),

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    Florida Senate - 2006                                  SB 2024
    5-1390-06




 1  (e), (f), (g), and (h) and subsection (3). Each year

 2  thereafter, on or before December 31 of that year, each county

 3  shall send a certified copy of its budget document to the

 4  department.

 5         (b)  Beginning in fiscal year 2005-2006, additional

 6  amounts shall be withheld pursuant to paragraph (a), if the

 7  amount spent in the previous fiscal year on the items

 8  specified in paragraphs (1)(a), (c), (d), (e), (f), (g), and

 9  (h), and subsection (3) is less than the amount budgeted for

10  those items. Each county shall certify expenditures for these

11  county obligations for the prior fiscal year to the department

12  within 90 days after the end of the fiscal year.

13         (c)  The department shall transfer the withheld

14  payments to the General Revenue Fund by March 31 of each year.

15  These payments are hereby appropriated to the Department of

16  Revenue to pay for these responsibilities on behalf of the

17  county.

18         Section 2.  Subsection (1) of section 29.0085, Florida

19  Statutes, is amended to read:

20         29.0085  Annual statement of certain revenues and

21  expenditures.--

22         (1)  Each county shall submit annually to the Chief

23  Financial Officer a statement of revenues and expenditures as

24  set forth in this section in the form and manner prescribed by

25  the Chief Financial Officer in consultation with the

26  Legislative Committee on Intergovernmental Relations, provided

27  that such statement identify total county expenditures on each

28  of the services outlined in s. 29.008. The statement submitted

29  pursuant to this section for the 2004-2005 county fiscal year

30  shall be the base year statement.

31         Section 3.  This act shall take effect July 1, 2006.

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    Florida Senate - 2006                                  SB 2024
    5-1390-06




 1            *****************************************

 2                          SENATE SUMMARY

 3    Defines the term "base year." Deletes provisions relating
      to the withholding of revenue sharing receipts from any
 4    county not in compliance with the county funding
      obligations. Deletes provisions that require the transfer
 5    of withheld payments to the General Revenue Fund by a
      certain date. Provides that a county may demonstrate
 6    compliance with its funding obligations by showing a
      certain percentage of growth per year in expenditures for
 7    certain items over the base year statement required.
      Authorizes a county to expend less than a specified
 8    amount if the difference is attributable to savings
      realized through technology. Authorizes the chief judge
 9    of a county to certify any reduced expenditures. Requires
      the annual statement of revenues and expenditures which a
10    county submits to the Chief Financial Officer to be the
      base year statement.
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