Senate Bill sb2062
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Florida Senate - 2007 SB 2062
By Senator Baker
20-768A-07
1 A bill to be entitled
2 An act relating to court costs; amending s.
3 28.24, F.S.; requiring the clerk of court to
4 deposit certain funds for court-related
5 technology needs with the chief judge of the
6 circuit; requiring the principal county in the
7 circuit to use the funds in accordance with a
8 strategic plan approved by the chief judge;
9 amending s. 29.008, F.S.; requiring that
10 certain specified personnel funded by a county
11 be under the direction, control, and
12 supervision of the chief judge; requiring a
13 county to provide benefits to certain employees
14 in the same manner as benefits are provided to
15 other county employees; providing legislative
16 intent that county employees be aggregated for
17 purposes of a flexible benefits plan; amending
18 s. 29.0081, F.S.; requiring the county to
19 provide certain benefits to county-funded court
20 employees; requiring that the county be
21 considered the employer; providing that
22 county-funded court employees and other county
23 employees may be aggregated for purposes of a
24 flexible benefits plan; amending s. 318.18,
25 F.S.; directing the county commission, rather
26 than the clerk of court, to report certain
27 information to the Governor and other
28 designated officers; amending s. 775.083, F.S.;
29 removing certain provisions relating to
30 specified court costs that must be assessed if
31 a defendant pleads nolo contendere to, is
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1 convicted of, or is adjudicated delinquent for
2 a felony, misdemeanor, or criminal traffic
3 offense; creating s. 938.065, F.S.; requiring
4 that certain specified court costs be assessed
5 when a defendant pleads nolo contendere to, is
6 convicted of, or is adjudicated delinquent for
7 a felony, misdemeanor, or criminal traffic
8 offense; transferring, renumbering, and
9 amending s. 939.185, F.S., relating to
10 authorization for a board of county
11 commissioners to adopt by ordinance additional
12 court costs; providing for the allocation of
13 the additional court costs; requiring the
14 county commission to report certain information
15 to the Governor and other designated officers
16 by a specified date and quarterly thereafter;
17 reenacting ss. 55.141(2) and 712.06(3), F.S.,
18 relating to the satisfaction of judgments and
19 decrees and the recordation of titles to real
20 estate, respectively, to incorporate the
21 amendments made to s. 28.24, F.S., in
22 references thereto; amending ss. 938.17 and
23 938.19, F.S.; conforming cross-references;
24 providing an effective date.
25
26 Be It Enacted by the Legislature of the State of Florida:
27
28 Section 1. Paragraph (e) of subsection (12) of section
29 28.24, Florida Statutes, is amended to read:
30 28.24 Service charges by clerk of the circuit
31 court.--The clerk of the circuit court shall charge for
2
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1 services rendered by the clerk's office in recording documents
2 and instruments and in performing the duties enumerated in
3 amounts not to exceed those specified in this section.
4 Notwithstanding any other provision of this section, the clerk
5 of the circuit court shall provide without charge to the state
6 attorney, public defender, guardian ad litem, public guardian,
7 attorney ad litem, and court-appointed counsel paid by the
8 state, and to the authorized staff acting on behalf of each,
9 access to and a copy of any public record, if the requesting
10 party is entitled by law to view the exempt or confidential
11 record, as maintained by and in the custody of the clerk of
12 the circuit court as provided in general law and the Florida
13 Rules of Judicial Administration. The clerk of the circuit
14 court may provide the requested public record in an electronic
15 format in lieu of a paper format when capable of being
16 accessed by the requesting entity.
17
18 Charges
19
20 (12) For recording, indexing, and filing any
21 instrument not more than 14 inches by 8 1/2 inches, including
22 required notice to property appraiser where applicable:
23 (e) An additional service charge of $4 per page shall
24 be paid to the clerk of the circuit court for each instrument
25 listed in s. 28.222, except judgments received from the courts
26 and notices of lis pendens, recorded in the official records.
27 From the additional $4 service charge collected:
28 1. If the counties maintain legal responsibility for
29 the costs of the court-related technology needs as defined in
30 s. 29.008(1)(f)2. and (h), 10 cents shall be distributed to
31 the Florida Association of Court Clerks and Comptroller, Inc.,
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1 for the cost of development, implementation, operation, and
2 maintenance of the clerks' Comprehensive Case Information
3 System, in which system all clerks shall participate on or
4 before January 1, 2006; $1.90 shall be retained by the clerk
5 to be deposited in the Public Records Modernization Trust Fund
6 and used exclusively for funding court-related technology
7 needs of the clerk as defined in s. 29.008(1)(f)2. and (h);
8 and $2 shall be distributed to the board of county
9 commissioners to be used exclusively to fund court-related
10 technology, and court technology needs as defined in s.
11 29.008(1)(f)2. and (h) for the state trial courts, state
12 attorney, and public defender in that county. The clerk of the
13 circuit court for each county in the circuit shall deposit the
14 $2 designated for court-related and court technology needs in
15 a fund established in the principal county of the circuit as
16 designated by the chief judge of the circuit. The principal
17 county must use the funds in conformity with the judicial
18 circuit's technology strategic plan approved by the chief
19 judge of the circuit. If the counties maintain legal
20 responsibility for the costs of the court-related technology
21 needs as defined in s. 29.008(1)(f)2. and (h), notwithstanding
22 any other provision of law, the county is not required to
23 provide additional funding beyond that provided herein for the
24 court-related technology needs of the clerk as defined in s.
25 29.008(1)(f)2. and (h). All court records and official records
26 are the property of the State of Florida, including any
27 records generated as part of the Comprehensive Case
28 Information System funded pursuant to this paragraph and the
29 clerk of court is designated as the custodian of such records,
30 except in a county where the duty of maintaining official
31 records exists in a county office other than the clerk of
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1 court or comptroller, such county office is designated the
2 custodian of all official records, and the clerk of court is
3 designated the custodian of all court records. The clerk of
4 court or any entity acting on behalf of the clerk of court,
5 including an association, shall not charge a fee to any agency
6 as defined in s. 119.011, the Legislature, or the State Court
7 System for copies of records generated by the Comprehensive
8 Case Information System or held by the clerk of court or any
9 entity acting on behalf of the clerk of court, including an
10 association.
11 2. If the state becomes legally responsible for the
12 costs of court-related technology needs as defined in s.
13 29.008(1)(f)2. and (h), whether by operation of general law or
14 by court order, $4 shall be remitted to the Department of
15 Revenue for deposit into the General Revenue Fund.
16 Section 2. Subsection (2) of section 29.008, Florida
17 Statutes, is amended to read:
18 29.008 County funding of court-related functions.--
19 (2) Counties shall pay reasonable and necessary
20 salaries, benefits, costs, and expenses of the state courts
21 system, including associated staff, benefits, and expenses, to
22 meet local requirements as specified in this subsection and to
23 fulfill the requirements of subsection (1). Personnel funded
24 by a county under this section or s. 29.0081 shall be under
25 the direction, control, and supervision of the chief judge.
26 The county shall provide benefits to such employees in the
27 same manner as benefits are provided to other county
28 employees, including, but not limited to, those specified in
29 ss. 112.08(2)(a), 112.0801, 112.215, 121.021(10), 440.10, and
30 443.036(19). It is the intent of the Legislature that such
31 employees and other county employees be aggregated for
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1 purposes of a flexible benefits plan pursuant to s. 125 of the
2 Internal Revenue Code of 1986, as amended.
3 (a) Local requirements are those specialized programs,
4 nonjudicial staff, and other expenses associated with
5 specialized court programs, specialized prosecution needs,
6 specialized defense needs, or resources required of a local
7 jurisdiction as a result of special factors or circumstances.
8 Local requirements exist:
9 1. When imposed pursuant to an express statutory
10 directive, based on such factors as provided in paragraph (b);
11 or
12 2. When:
13 a. The county has enacted an ordinance, adopted a
14 local program, or funded activities with a financial or
15 operational impact on the circuit or a county within the
16 circuit; or
17 b. Circumstances in a given circuit or county result
18 in or necessitate implementation of specialized programs, the
19 provision of nonjudicial staff and expenses to specialized
20 court programs, special prosecution needs, specialized defense
21 needs, or the commitment of resources to the court's
22 jurisdiction.
23 (b) Factors and circumstances resulting in the
24 establishment of a local requirement include, but are not
25 limited to:
26 1. Geographic factors;
27 2. Demographic factors;
28 3. Labor market forces;
29 4. The number and location of court facilities; or
30 5. The volume, severity, complexity, or mix of court
31 cases.
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1 (c) Local requirements under subparagraph (a)2. must
2 be determined by the following method:
3 1. The chief judge of the circuit, in conjunction with
4 the state attorney and the public defender only on matters
5 that impact their offices, shall identify all local
6 requirements within the circuit or within each county in the
7 circuit and shall identify the reasonable and necessary
8 salaries, costs, and expenses to meet these local
9 requirements.
10 2. On or before June 1 of each year, the chief judge
11 shall submit to the board of county commissioners a tentative
12 budget request for local requirements for the ensuing fiscal
13 year. The tentative budget must certify a listing of all local
14 requirements and the reasonable and necessary salaries, costs,
15 and expenses for each local requirement. The board of county
16 commissioners may, by resolution, require the certification to
17 be submitted earlier.
18 3. The board of county commissioners shall thereafter
19 treat the certification in accordance with the county's
20 budgetary procedures. A board of county commissioners may:
21 a. Determine whether to provide funding, and to what
22 extent it will provide funding, for salaries, costs, and
23 expenses under this section;
24 b. Require a county finance officer to conduct a
25 preaudit review of any county funds provided under this
26 section prior to disbursement;
27 c. Require review or audit of funds expended under
28 this section by the appropriate county office; and
29 d. Provide additional financial support for the courts
30 system, state attorneys, or public defenders.
31
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1 (d) Counties may satisfy these requirements by
2 entering into interlocal agreements for the collective funding
3 of these reasonable and necessary salaries, costs, and
4 expenses.
5 Section 3. Section 29.0081, Florida Statutes, is
6 amended to read:
7 29.0081 County funding of additional court
8 personnel.--
9 (1) A county and the chief judge of a judicial circuit
10 that includes that county may enter into an agreement under
11 which the county funds personnel positions to assist in the
12 operation of the circuit.
13 (2) The agreement shall, at a minimum, provide that:
14 (a) Funding for the positions is provided on at least
15 a court fiscal-year basis.
16 (b) The personnel whose employment is funded under the
17 agreement are employees of the judicial circuit and are hired,
18 supervised, managed, and fired by personnel of the judicial
19 circuit. The county shall provide benefits to such employees
20 in the same manner as benefits are provided to other county
21 employees, including, but not limited to, those specified in
22 ss. 112.08(2)(a), 112.0801, 112.215, 121.021(10), 440.10, and
23 443.036(19). It is the intent of the Legislature that such
24 employees and other county employees be aggregated for
25 purposes of a flexible benefits plan pursuant to s. 125 of the
26 Internal Revenue Code of 1986, as amended.
27 (c) The positions terminate upon the expiration of, or
28 substantial breach of, the agreement or upon the expiration of
29 county funding for the positions.
30 (3) Positions funded under this section shall be
31 full-time equivalent positions of the judicial circuit but do
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1 shall not count against any formula or similar process used by
2 the Office of the State Courts Administrator to determine
3 personnel needs or levels of a judicial circuit.
4 (4) Nothing in This section does not obligate
5 obligates the state to fund any personnel positions.
6 Section 4. Subsection (13) of section 318.18, Florida
7 Statutes, is amended to read:
8 318.18 Amount of civil penalties.--The penalties
9 required for a noncriminal disposition pursuant to s. 318.14
10 are as follows:
11 (13) In addition to any penalties imposed for
12 noncriminal traffic infractions under pursuant to this chapter
13 or imposed for criminal violations listed in s. 318.17, a
14 board of county commissioners or any unit of local government
15 which is consolidated as provided by s. 9, Art. VIII of the
16 State Constitution of 1885, as preserved by s. 6(e), Art. VIII
17 of the Constitution of 1968:
18 (a) May impose by ordinance a surcharge of up to $15
19 for any infraction or violation to fund state court
20 facilities. The court may shall not waive this surcharge. Up
21 to 25 percent of the revenue from this such surcharge may be
22 used to support local law libraries if provided that the
23 county or unit of local government provides a level of service
24 equal to that provided prior to July 1, 2004, which shall
25 include the continuation of library facilities located in or
26 near the county courthouse or annexes.
27 (b) That imposed increased fees or service charges by
28 ordinance under s. 28.2401, s. 28.241, or s. 34.041 for the
29 purpose of securing payment of the principal and interest on
30 bonds issued by the county before July 1, 2003, to finance
31 state court facilities, may impose by ordinance a surcharge
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1 for any infraction or violation for the exclusive purpose of
2 securing payment of the principal and interest on bonds issued
3 by the county before July 1, 2003, to fund state court
4 facilities until the date of stated maturity. The court may
5 shall not waive this surcharge. The Such surcharge may not
6 exceed an amount per violation calculated as the quotient of
7 the maximum annual payment of the principal and interest on
8 the bonds as of July 1, 2003, divided by the number of traffic
9 citations for county fiscal year 2002-2003 certified as paid
10 by the clerk of the court of the county. The Such quotient
11 shall be rounded up to the next highest dollar amount. The
12 bonds may be refunded only if savings will be realized on
13 payments of debt service and the refunding bonds are scheduled
14 to mature on the same date or before the bonds being refunded.
15
16 A county may not impose both of the surcharges authorized
17 under paragraphs (a) and (b) concurrently. The county clerk of
18 court shall report, no later than 30 days after the end of the
19 quarter, the amount of funds collected, the amount of funds
20 expended, and the uses of those funds under this subsection
21 during each quarter of the fiscal year. The county clerk shall
22 submit the report, in a format developed by the Office of
23 State Courts Administrator, to the chief judge of the circuit,
24 the Governor, the President of the Senate, and the Speaker of
25 the House of Representatives.
26 Section 5. Subsections (2) and (3) of section 775.083,
27 Florida Statutes, are amended to read:
28 775.083 Fines.--
29 (2) In addition to the fines set forth in subsection
30 (1), court costs shall be assessed and collected in each
31 instance a defendant pleads nolo contendere to, or is
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1 convicted of, or adjudicated delinquent for, a felony, a
2 misdemeanor, or a criminal traffic offense under state law, or
3 a violation of any municipal or county ordinance if the
4 violation constitutes a misdemeanor under state law. The court
5 costs imposed by this section shall be $50 for a felony and
6 $20 for any other offense and shall be deposited by the clerk
7 of the court into an appropriate county account for
8 disbursement for the purposes provided in this subsection. A
9 county shall account for the funds separately from other
10 county funds as crime prevention funds. The county, in
11 consultation with the sheriff, must expend such funds for
12 crime prevention programs in the county, including safe
13 neighborhood programs under ss. 163.501-163.523.
14 (2)(3) The purpose of this section is to provide
15 uniform penalty authorization for criminal offenses and, to
16 this end, a reference to this section constitutes a general
17 reference under the doctrine of incorporation by reference.
18 Section 6. Section 938.065, Florida Statutes, is
19 created to read:
20 938.065 County crime prevention programs.--Court costs
21 shall be assessed and collected in each instance in which a
22 defendant pleads nolo contendere to, is convicted of, or is
23 adjudicated delinquent for a felony, a misdemeanor, or a
24 criminal traffic offense under state law, or a violation of
25 any municipal or county ordinance if the violation constitutes
26 a misdemeanor under state law. The court costs imposed by this
27 section shall be $50 for a felony and $20 for any other
28 offense and shall be deposited by the clerk of the court into
29 an appropriate county account for disbursement to programs
30 described in this section. A county shall account for the
31 funds separately from other county funds as crime prevention
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1 funds. The county, in consultation with the sheriff, must
2 expend the funds for crime prevention programs in the county,
3 including safe neighborhood programs under ss.
4 163.501-163.523.
5 Section 7. Section 939.185, Florida Statutes, is
6 transferred, renumbered as section 938.195, Florida Statutes,
7 and amended to read:
8 938.195 939.185 Assessment of additional court costs
9 and surcharges.--
10 (1)(a) The board of county commissioners may adopt by
11 ordinance an additional court cost, not to exceed $65, to be
12 imposed by the court when a person pleads guilty or nolo
13 contendere to, or is found guilty of, any felony, misdemeanor,
14 or criminal traffic offense under the laws of this state. Such
15 additional assessment shall be accounted for separately by the
16 county in which the offense occurred and be used only in the
17 county imposing this cost, to be allocated as follows:
18 1. Twenty-five percent of the amount collected shall
19 be allocated to fund innovations to supplement state funding
20 for the elements of the state courts system identified in s.
21 29.004 and county funding for local requirements under s.
22 29.008(2)(a)2.
23 2. Twenty-five percent of the amount collected shall
24 be allocated to assist counties in providing legal aid
25 programs required under s. 29.008(3)(a).
26 3. Twenty-five percent of the amount collected shall
27 be allocated to fund personnel and legal materials for the
28 public as part of a law library.
29 4. Twenty-five percent of the amount collected shall
30 be used as determined by the board of county commissioners to
31 support teen court programs, except as provided in s.
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1 938.19(7), juvenile assessment centers, and other juvenile
2 alternative programs.
3
4 Each county receiving funds under this section shall report
5 the amount of funds collected under pursuant to this section
6 and an itemized list of expenditures for all authorized
7 programs and activities. The report shall be submitted in a
8 format developed by the Supreme Court to the Governor, the
9 Chief Financial Officer, the President of the Senate, and the
10 Speaker of the House of Representatives on a quarterly basis
11 beginning with the quarter ending September 30, 2004.
12 Quarterly reports shall be submitted no later than 30 days
13 after the end of the quarter. Any unspent funds at the close
14 of the county fiscal year allocated under subparagraphs 2.,
15 3., and 4., shall be transferred for use pursuant to
16 subparagraph 1.
17 (b) In addition to the court costs imposed under
18 paragraph (a) and any other cost, fine, or penalty imposed by
19 law, any unit of local government which is consolidated as
20 provided by s. 9, Art. VIII of the State Constitution of 1885,
21 as preserved by s. 6(e), Art. VIII of the State Constitution
22 of 1968, and which is granted the authority in the State
23 Constitution to exercise all the powers of a municipal
24 corporation, and any unit of local government operating under
25 a home rule charter adopted pursuant to ss. 10, 11, and 24,
26 Art. VIII of the State Constitution of 1885, as preserved by
27 s. 6(e), Art. VIII of the State Constitution of 1968, which is
28 granted the authority in the State Constitution to exercise
29 all the powers conferred now or hereafter by general law upon
30 municipalities, may impose by ordinance a surcharge in the
31 amount of $85 to be imposed by the court when a person pleads
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1 guilty or nolo contendere to, or is found guilty of, any
2 felony, misdemeanor, or criminal traffic offense under the
3 laws of this state. Revenue from the surcharge shall be
4 transferred to such unit of local government for the purpose
5 of replacing fine revenue deposited into the clerk's fine and
6 forfeiture fund under s. 142.01. Proceeds from the imposition
7 of the surcharge authorized in this paragraph may shall not be
8 used for the purpose of securing payment of the principal and
9 interest on bonds. This paragraph, and any surcharge imposed
10 under pursuant to this paragraph, shall stand repealed on
11 September 30, 2007.
12 (c) The disbursement of costs collected under this
13 section shall be subordinate in priority order of disbursement
14 to all other state-imposed costs authorized in this chapter,
15 restitution or other compensation to victims, and child
16 support payments.
17 (2) The court shall order a person to pay the
18 additional court cost. If the person is determined to be
19 indigent, the clerk shall defer payment of this cost.
20 Section 8. For the purpose of incorporating the
21 amendments made by this act to section 28.24, Florida
22 Statutes, in a reference thereto, subsection (2) of section
23 55.141, Florida Statutes, is reenacted to read:
24 55.141 Satisfaction of judgments and decrees; duties
25 of clerk.--
26 (2) Upon such payment, the clerk shall execute and
27 record in the official records a satisfaction of judgment upon
28 payment of the recording charge prescribed in s. 28.24(12).
29 Upon payment of the amount required in subsection (1) and the
30 recording charge required by this subsection and execution and
31
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1 recordation of the satisfaction by the clerk, any lien created
2 by the judgment is satisfied and discharged.
3 Section 9. For the purpose of incorporating the
4 amendments made by this act to section 28.24, Florida
5 Statutes, in a reference thereto, subsection (3) of section
6 712.06, Florida Statutes, is reenacted to read:
7 712.06 Contents of notice; recording and indexing.--
8 (3) The clerk of the circuit court shall, upon such
9 filing, mail by registered or certified mail to the purported
10 owner of said property, as stated in such notice, a copy
11 thereof and shall enter on the original, before recording the
12 same, a certificate showing such mailing. For preparing the
13 certificate, the claimant shall pay to the clerk the service
14 charge as prescribed in s. 28.24(8) and the necessary costs of
15 mailing, in addition to the recording charges as prescribed in
16 s. 28.24(12). If the notice names purported owners having more
17 than one address, the person filing the same shall furnish a
18 true copy for each of the several addresses stated, and the
19 clerk shall send one such copy to the purported owners named
20 at each respective address. Such certificate shall be
21 sufficient if the same reads substantially as follows:
22
23 I hereby certify that I did on this ...., mail by
24 registered (or certified) mail a copy of the foregoing notice
25 to each of the following at the address stated:
26
27 ...(Clerk of the circuit court)...
28 of .... County, Florida,
29 By ...(Deputy clerk)...
30
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1 The clerk of the circuit court is not required to mail to the
2 purported owner of such property any such notice that pertains
3 solely to the preserving of any covenant or restriction or any
4 portion of a covenant or restriction.
5 Section 10. Section 938.17, Florida Statutes, is
6 amended to read:
7 938.17 County delinquency prevention; juvenile
8 assessment centers and school board suspension programs.--
9 (1) Prior to the use of costs received pursuant to s.
10 938.195 s. 939.185, the sheriff's office of the county must be
11 a partner in a written agreement with the Department of
12 Juvenile Justice to participate in a juvenile assessment
13 center or with the district school board to participate in a
14 suspension program.
15 (2) Assessments collected by clerks of the circuit
16 courts comprised of more than one county shall remit the funds
17 collected pursuant to s. 938.195 s. 939.185 to the county in
18 which the offense at issue was committed for deposit and
19 disbursement.
20 (3) Any other funds the sheriff's office obtains for
21 the implementation or operation of an assessment center or
22 suspension program may be deposited into the designated
23 account for disbursement to the sheriff as needed.
24 (4) A sheriff's office that receives proceeds pursuant
25 to s. 938.195 s. 939.185 shall account for all funds annually
26 by August 1 in a written report to the juvenile justice county
27 council if funds are used for assessment centers, and to the
28 district school board if funds are used for suspension
29 programs.
30 Section 11. Subsection (7) of section 938.19, Florida
31 Statutes, is amended to read:
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1 938.19 Teen courts.--
2 (7) A teen court administered in a county that adopts
3 an ordinance to assess court costs under this section may not
4 receive court costs collected under s. 938.195(1)(a)4 s.
5 939.185(1)(a)4.
6 Section 12. This act shall take effect July 1, 2007.
7
8 *****************************************
9 SENATE SUMMARY
10 Requires the clerk of court to deposit certain funds for
court-related technology needs with the chief judge of
11 the circuit. Directs the principal county in the circuit
to use the funds in accordance with a strategic plan
12 approved by the chief judge which is designed to address
the court-related technology needs of each county.
13 Requires that certain county-paid employees be under the
supervision and control of the chief judge. Requires the
14 county to provide certain benefits to county-funded court
employees. Provides that county-funded court employees
15 and other county employees may be aggregated for purposes
of a flexible benefits plan. Requires that certain
16 specified court costs be assessed whenever a defendant
pleads nolo contendere to, is convicted of, or is
17 adjudicated delinquent for a felony, misdemeanor, or
criminal traffic offense. Authorizes a board of county
18 commissioners to adopt by ordinance additional court
costs. Provides for the allocation of the additional
19 court costs. Requires the county commission to report
certain information to the Governor and other designated
20 officers by a specified date and quarterly thereafter.
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