Florida Senate - 2006 SENATOR AMENDMENT
Bill No. CS for SB 2548
Barcode 225740
CHAMBER ACTION
Senate House
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04/27/2006 05:31 PM .
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11 Senator Smith moved the following amendment:
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13 Senate Amendment (with title amendment)
14 On page 10, between lines 21 and 22,
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16 insert:
17 Section 4. Section 29.008, Florida Statutes, is
18 amended to read:
19 29.008 County funding of court-related functions.--
20 (1) Counties are required by s. 14, Art. V of the
21 State Constitution to fund the cost of communications
22 services, existing radio systems, existing multiagency
23 criminal justice information systems, and the cost of
24 construction or lease, maintenance, utilities, and security of
25 facilities for the circuit and county courts, public
26 defenders' offices, state attorneys' offices, guardian ad
27 litem offices, and the offices of the clerks of the circuit
28 and county courts performing court-related functions. For
29 purposes of this section, the term "circuit and county courts"
30 shall include the offices and staffing of the guardian ad
31 litem programs. The county designated under s. 35.05(1) as the
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Florida Senate - 2006 SENATOR AMENDMENT
Bill No. CS for SB 2548
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1 headquarters for each appellate district shall fund these
2 costs for the appellate division of the public defender's
3 office in that county. For purposes of implementing these
4 requirements, the term:
5 (a) "Facility" means reasonable and necessary
6 buildings and office space and appurtenant equipment and
7 furnishings, structures, real estate, easements, and related
8 interests in real estate, including, but not limited to, those
9 for the purpose of housing legal materials for use by the
10 general public and personnel, equipment, or functions of the
11 circuit or county courts, public defenders' offices, state
12 attorneys' offices, and court-related functions of the office
13 of the clerks of the circuit and county courts and all
14 storage. The term "facility" includes all wiring necessary for
15 court reporting services. The term also includes access to
16 parking for such facilities in connection with such
17 court-related functions that may be available free or from a
18 private provider or a local government for a fee. The office
19 space provided by a county may not be less than the standards
20 for space allotment adopted by the Department of Management
21 Services, except this requirement applies only to facilities
22 that are leased, or on which construction commences, after
23 June 30, 2003. County funding must include physical
24 modifications and improvements to all facilities as are
25 required for compliance with the Americans with Disabilities
26 Act. Upon mutual agreement of a county and the affected entity
27 in this paragraph, the office space provided by the county may
28 vary from the standards for space allotment adopted by the
29 Department of Management Services.
30 1. As of July 1, 2005, equipment and furnishings shall
31 be limited to that appropriate and customary for courtrooms,
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Florida Senate - 2006 SENATOR AMENDMENT
Bill No. CS for SB 2548
Barcode 225740
1 hearing rooms, jury facilities, and other public areas in
2 courthouses and any other facility occupied by the courts,
3 state attorneys, and public defenders. Court reporting
4 equipment in these areas or facilities is not a responsibility
5 of the county.
6 2. Equipment and furnishings under this paragraph in
7 existence and owned by counties on July 1, 2005, except for
8 that in the possession of the clerks, for areas other than
9 courtrooms, hearing rooms, jury facilities, and other public
10 areas in courthouses and any other facility occupied by the
11 courts, state attorneys, and public defenders, shall be
12 transferred to the state at no charge. This provision does not
13 apply to any communication services as defined in paragraph
14 (f).
15 (b) "Construction or lease" includes, but is not
16 limited to, all reasonable and necessary costs of the
17 acquisition or lease of facilities for all judicial officers,
18 staff, jurors, volunteers of a tenant agency, and the public
19 for the circuit and county courts, the public defenders'
20 offices, state attorneys' offices, and for performing the
21 court-related functions of the offices of the clerks of the
22 circuit and county courts. This includes expenses related to
23 financing such facilities and the existing and future cost and
24 bonded indebtedness associated with placing the facilities in
25 use.
26 (c) "Maintenance" includes, but is not limited to, all
27 reasonable and necessary costs of custodial and groundskeeping
28 services and renovation and reconstruction as needed to
29 accommodate functions for the circuit and county courts, the
30 public defenders' offices, and state attorneys' offices and
31 for performing the court-related functions of the offices of
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Florida Senate - 2006 SENATOR AMENDMENT
Bill No. CS for SB 2548
Barcode 225740
1 the clerks of the circuit and county court and for maintaining
2 the facilities in a condition appropriate and safe for the use
3 intended.
4 (d) "Utilities" means all electricity services for
5 light, heat, and power; natural or manufactured gas services
6 for light, heat, and power; water and wastewater services and
7 systems, stormwater or runoff services and systems, sewer
8 services and systems, all costs or fees associated with these
9 services and systems, and any costs or fees associated with
10 the mitigation of environmental impacts directly related to
11 the facility.
12 (e) "Security" includes but is not limited to, all
13 reasonable and necessary costs of services of law enforcement
14 officers or licensed security guards and all electronic,
15 cellular, or digital monitoring and screening devices
16 necessary to ensure the safety and security of all persons
17 visiting or working in a facility; to provide for security of
18 the facility, including protection of property owned by the
19 county or the state; and for security of prisoners brought to
20 any facility. This includes bailiffs while providing courtroom
21 and other security for each judge and other quasi-judicial
22 officers.
23 (f) "Communications services" are defined as any
24 reasonable and necessary transmission, emission, and reception
25 of signs, signals, writings, images, and sounds of
26 intelligence of any nature by wire, radio, optical, audio
27 equipment, or other electromagnetic systems and includes all
28 facilities and equipment owned, leased, or used by judges,
29 clerks, public defenders, state attorneys, and all staff of
30 the state courts system, state attorneys' offices, public
31 defenders' offices, and clerks of the circuit and county
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Florida Senate - 2006 SENATOR AMENDMENT
Bill No. CS for SB 2548
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1 courts performing court-related functions. Such system or
2 services shall include, but not be limited to:
3 1. Telephone system infrastructure, including computer
4 lines, telephone switching equipment, and maintenance, and
5 facsimile equipment, wireless communications, cellular
6 telephones, pagers, and video teleconferencing equipment and
7 line charges. Each county shall continue to provide access to
8 a local carrier for local and long distance service and shall
9 pay toll charges for local and long distance service.
10 2. All computer networks, systems and equipment,
11 including computer hardware and software, modems, printers,
12 wiring, network connections, maintenance, support staff or
13 services including any county-funded support staff located in
14 the offices of the circuit court, county courts, state
15 attorneys, and public defenders, training, supplies, and line
16 charges necessary for an integrated computer system to support
17 the operations and management of the state courts system, the
18 offices of the public defenders, the offices of the state
19 attorneys, and the offices of the clerks of the circuit and
20 county courts and the capability to connect those entities and
21 reporting data to the state as required for the transmission
22 of revenue, performance accountability, case management, data
23 collection, budgeting, and auditing purposes. The integrated
24 computer system shall be operational by July 1, 2006, and, at
25 a minimum, permit the exchange of financial, performance
26 accountability, case management, case disposition, and other
27 data across multiple state and county information systems
28 involving multiple users at both the state level and within
29 each judicial circuit and be able to electronically exchange
30 judicial case background data, sentencing scoresheets, and
31 video evidence information stored in integrated case
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Florida Senate - 2006 SENATOR AMENDMENT
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1 management systems over secure networks. Once the integrated
2 system becomes operational, counties may reject requests to
3 purchase communication services included in this subparagraph
4 not in compliance with standards, protocols, or processes
5 adopted by the board established pursuant to s. 29.0086.
6 3. Courier messenger and subpoena services.
7 4. Auxiliary aids and services for qualified
8 individuals with a disability which are necessary to ensure
9 access to the courts. Such auxiliary aids and services
10 include, but are not limited to, sign language interpretation
11 services required under the federal Americans with
12 Disabilities Act other than services required to satisfy
13 due-process requirements and identified as a state funding
14 responsibility pursuant to ss. 29.004, 29.005, 29.006, and
15 29.007, real-time transcription services for individuals who
16 are hearing impaired, and assistive listening devices and the
17 equipment necessary to implement such accommodations.
18 (g) "Existing radio systems" includes, but is not
19 limited to, law enforcement radio systems that are used by the
20 circuit and county courts, the offices of the public
21 defenders, the offices of the state attorneys, and for
22 court-related functions of the offices of the clerks of the
23 circuit and county courts. This includes radio systems that
24 were operational or under contract at the time Revision No. 7,
25 1998, to Art. V of the State Constitution was adopted and any
26 enhancements made thereafter, the maintenance of those
27 systems, and the personnel and supplies necessary for
28 operation.
29 (h) "Existing multiagency criminal justice information
30 systems" includes, but is not limited to, those components of
31 the multiagency criminal justice information system as defined
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Florida Senate - 2006 SENATOR AMENDMENT
Bill No. CS for SB 2548
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1 in s. 943.045, supporting the offices of the circuit or county
2 courts, the public defenders' offices, the state attorneys'
3 offices, or those portions of the offices of the clerks of the
4 circuit and county courts performing court-related functions
5 that are used to carry out the court-related activities of
6 those entities. This includes upgrades and maintenance of the
7 current equipment, maintenance and upgrades of supporting
8 technology infrastructure and associated staff, and services
9 and expenses to assure continued information sharing and
10 reporting of information to the state. The counties shall also
11 provide additional information technology services, hardware,
12 and software as needed for new judges and staff of the state
13 courts system, state attorneys' offices, public defenders'
14 offices, and the offices of the clerks of the circuit and
15 county courts performing court-related functions.
16 (2) Counties shall pay reasonable and necessary
17 salaries, costs, and expenses of the state courts system,
18 including associated staff and expenses, to meet local
19 requirements.
20 (a) Local requirements are those specialized programs,
21 nonjudicial staff, and other expenses associated with
22 specialized court programs, specialized prosecution needs,
23 specialized defense needs, or resources required of a local
24 jurisdiction as a result of special factors or circumstances.
25 Local requirements exist:
26 1. When imposed pursuant to an express statutory
27 directive, based on such factors as provided in paragraph (b);
28 or
29 2. When:
30 a. The county has enacted an ordinance, adopted a
31 local program, or funded activities with a financial or
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Florida Senate - 2006 SENATOR AMENDMENT
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1 operational impact on the circuit or a county within the
2 circuit; or
3 b. Circumstances in a given circuit or county result
4 in or necessitate implementation of specialized programs, the
5 provision of nonjudicial staff and expenses to specialized
6 court programs, special prosecution needs, specialized defense
7 needs, or the commitment of resources to the court's
8 jurisdiction.
9 (b) Factors and circumstances resulting in the
10 establishment of a local requirement include, but are not
11 limited to:
12 1. Geographic factors;
13 2. Demographic factors;
14 3. Labor market forces;
15 4. The number and location of court facilities; or
16 5. The volume, severity, complexity, or mix of court
17 cases.
18 (c) Local requirements under subparagraph (a)2. must
19 be determined by the following method:
20 1. The chief judge of the circuit, in conjunction with
21 the state attorney and the public defender only on matters
22 that impact their offices, shall identify all local
23 requirements within the circuit or within each county in the
24 circuit and shall identify the reasonable and necessary
25 salaries, costs, and expenses to meet these local
26 requirements.
27 2. On or before June 1 of each year, the chief judge
28 shall submit to the board of county commissioners a tentative
29 budget request for local requirements for the ensuing fiscal
30 year. The tentative budget must certify a listing of all local
31 requirements and the reasonable and necessary salaries, costs,
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Florida Senate - 2006 SENATOR AMENDMENT
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1 and expenses for each local requirement. The board of county
2 commissioners may, by resolution, require the certification to
3 be submitted earlier.
4 3. The board of county commissioners shall thereafter
5 treat the certification in accordance with the county's
6 budgetary procedures. A board of county commissioners may:
7 a. Determine whether to provide funding, and to what
8 extent it will provide funding, for salaries, costs, and
9 expenses under this section;
10 b. Require a county finance officer to conduct a
11 preaudit review of any county funds provided under this
12 section prior to disbursement;
13 c. Require review or audit of funds expended under
14 this section by the appropriate county office; and
15 d. Provide additional financial support for the courts
16 system, state attorneys, or public defenders.
17 (d) Counties may satisfy these requirements by
18 entering into interlocal agreements for the collective funding
19 of these reasonable and necessary salaries, costs, and
20 expenses.
21 (3) The following shall be considered a local
22 requirement pursuant to subparagraph (2)(a)1.:
23 (a) Legal aid programs, which shall be funded at a
24 level equal to or greater than the amount provided from filing
25 fees and surcharges to legal aid programs from October 1,
26 2002, to September 30, 2003.
27 (b) Alternative sanctions coordinators pursuant to ss.
28 984.09 and 985.216.
29 (4)(a) The Department of Financial Services shall
30 review county expenditure reports required under s. 29.0085
31 for the purpose of ensuring that counties fulfill the
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Florida Senate - 2006 SENATOR AMENDMENT
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1 responsibilities of this section. The department shall compare
2 county fiscal reports to determine if expenditures for the
3 items specified in paragraphs (1)(a), (b), (c), (d), (e), (f),
4 (g), and (h) and subsection (3) have increased by 1.5 percent
5 over the prior county fiscal year. The initial review must
6 compare county fiscal year 2005-2006 to county fiscal year
7 2004-2005. If the department finds that expenditures for the
8 items specified in paragraphs (1)(a), (b), (c), (d), (e), (f),
9 (g), and (h) and subsection (3) have not increased by 1.5
10 percent over the prior county fiscal year, the department
11 shall notify the President of the Senate and the Speaker of
12 the House of Representatives and the respective county. The
13 Legislature may determine that a county has met its
14 obligations for items specified in this section if the prior
15 county fiscal year included nonrecurring expenditures for
16 facilities or information technology that is not needed in the
17 next county fiscal year or expenditures or actions that enable
18 a county to attain efficiencies in providing services to the
19 court system. The Legislature may direct the Department of
20 Revenue to withhold revenue-sharing receipts distributed
21 pursuant to part II of chapter 218, except for revenues used
22 for paying the principal or interest on bonds, tax
23 anticipation certificates, or any other form of indebtedness
24 allowed under s. 218.25(1), (2), or (4), from any county that
25 is not in compliance with the funding obligations in this
26 section by an amount equal to the difference between the
27 amount spent and the amount that would have been spent had the
28 county increased expenditures by 1.5 percent per year. Except
29 for revenues used for the payment of principal or interest on
30 bonds, tax anticipation certificates, or any other form of
31 indebtedness as allowed under s. 218.25(1),(2) or (4), the
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1 Department of Revenue shall withhold revenue sharing receipts
2 distributed pursuant to part II of chapter 218 from any county
3 not in compliance with the county funding obligations for
4 items specified in paragraphs (1)(a), (c), (d), (e), (f), (g),
5 and (h) and subsection (3). The department shall withhold an
6 amount equal to the difference between the amount spent by the
7 county for the particular item in county fiscal year
8 2002-2003, the base year, plus 3 percent, and the amount
9 budgeted by the county for these obligations in county fiscal
10 year 2004-2005, if the latter is less than the former. Every
11 year thereafter, the department shall withhold such an amount
12 if the amount budgeted in that year is less than the base year
13 plus 1.5 percent growth per year. On or before December 31,
14 2004, counties shall send to the department a certified copy
15 of their budget documents for the respective 2 years,
16 separately identifying expenditure amounts for each county
17 funding obligation specified in paragraphs (1) (a), (c), (d),
18 (e), (f), (g), and (h) and subsection (3). Each year
19 thereafter, on or before December 31 of that year, each county
20 shall send a certified copy of its budget document to the
21 department.
22 (b) Beginning in fiscal year 2005-2006, additional
23 amounts shall be withheld pursuant to paragraph (a), if the
24 amount spent in the previous fiscal year on the items
25 specified in paragraphs (1)(a), (c), (d), (e), (f), (g), and
26 (h), and subsection (3) is less than the amount budgeted for
27 those items. Each county shall certify expenditures for these
28 county obligations for the prior fiscal year to the department
29 within 90 days after the end of the fiscal year.
30 (b)(c) The department shall transfer the withheld
31 payments to the General Revenue Fund by March 31 of each year
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1 for the previous county fiscal year. These payments are hereby
2 appropriated to the Department of Revenue to pay for these
3 responsibilities on behalf of the county.
4 Section 5. The amendments made by this act to s.
5 29.008(4), Florida Statutes, apply retroactively to July 1,
6 2004.
7 Section 6. Section 29.0085, Florida Statutes, is
8 amended to read:
9 29.0085 Annual statement of certain revenues and
10 expenditures.--
11 (1) Each county shall submit annually to the Chief
12 Financial Officer a statement of revenues and expenditures as
13 set forth in this section in the form and manner prescribed by
14 the Chief Financial Officer in consultation with the
15 Legislative Committee on Intergovernmental Relations, provided
16 that such statement identify total county expenditures on each
17 of the services outlined in s. 29.008.
18 (2)(a) Within 4 6 months of the close of the local
19 government fiscal year, each county shall submit to the Chief
20 Financial Officer a statement of compliance from its
21 independent certified public accountant, engaged pursuant to
22 s. 218.39, that the certified statement of expenditures was in
23 accordance with s. 29.008 and this section. All discrepancies
24 noted by the independent certified public accountant shall be
25 included in the statement furnished by the county to the Chief
26 Financial Officer.
27 (b) If the Chief Financial Officer determines that
28 additional auditing procedures are appropriate because:
29 1. The county failed to submit timely its annual
30 statement;
31 2. Discrepancies were noted by the independent
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1 certified public accountant; or
2 3. The county failed to file before January March 31
3 of each year the certified public accountant statement of
4 compliance, the Chief Financial Officer may send his or her
5 personnel or contract for services to bring the county into
6 compliance. The costs incurred by the Chief Financial Officer
7 shall be paid promptly by the county upon certification by the
8 Chief Financial Officer.
9 (c) Where the Chief Financial Officer elects to
10 utilize the services of an independent contractor, such
11 certification by the Chief Financial Officer may require the
12 county to make direct payment to a contractor. Any funds owed
13 by a county in such matters shall be recovered pursuant to s.
14 17.04 or s. 17.041.
15 (3) The Chief Financial Officer shall adopt any rules
16 necessary to implement his or her responsibilities pursuant to
17 this section.
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21 And the title is amended as follows:
22 On page 1, line 21, after the first semicolon,
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24 insert:
25 amending s. 29.008, F.S.; requiring that the
26 Department of Financial Services review county
27 expenditure reports in order to determine if
28 county expenditures have increased by a
29 specified percentage for certain court-related
30 functions; requiring that the department notify
31 the Legislature and the respective county if a
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1 county fails to meet its funding obligations;
2 providing for the Department of Revenue to
3 withhold revenue-sharing receipts under certain
4 circumstances upon the direction of the
5 Legislature; providing that a county has met
6 its funding obligations in certain
7 circumstances; providing for retroactive
8 application; amending s. 29.0085, F.S.;
9 revising the due date of an annual statement of
10 county revenues and expenditures;
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