Senate Bill sb0448c2

    Florida Senate - 2007                     CS for CS for SB 448

    By the Committees on Criminal and Civil Justice
    Appropriations; Judiciary; and Senators Fasano and Joyner




    604-2435-07

  1                      A bill to be entitled

  2         An act relating to county funding of additional

  3         court personnel; amending s. 29.0081, F.S.;

  4         specifying that the county be considered the

  5         employer; providing that employees funded by

  6         the county under this section and other county

  7         employees may be aggregated for purposes of a

  8         flexible benefits plan; prescribing supervisory

  9         duties of the judicial circuit; revising the

10         status of positions funded under the section;

11         providing an effective date.

12  

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

14  

15         Section 1.  Section 29.0081, Florida Statutes, is

16  amended to read:

17         29.0081  County funding of additional court

18  personnel.--

19         (1)  A county and the chief judge of a judicial circuit

20  that includes that county may enter into an agreement under

21  which the county funds personnel positions to assist in the

22  operation of the circuit.

23         (2)  The agreement shall, at a minimum, provide that:

24         (a)  Funding for the positions is provided on at least

25  a court fiscal-year basis.

26         (b)  The personnel whose employment is funded under the

27  agreement are employees of the judicial circuit and are hired,

28  supervised, managed, and fired by personnel of the judicial

29  circuit. The county shall be considered the employer for

30  purposes of s. 440.10 and chapter 443. Employees funded by the

31  county under this section and other county employees may be

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






    Florida Senate - 2007                     CS for CS for SB 448
    604-2435-07




 1  aggregated for purposes of a flexible benefits plan pursuant

 2  to s. 125 of the Internal Revenue Code of 1986. The judicial

 3  circuit shall supervise the personnel whose employment is

 4  funded under the agreement; be responsible for compliance with

 5  all requirements of federal and state employment laws,

 6  including, but not limited to, Title VII of the Civil Rights

 7  Act of 1964, the Americans with Disabilities Act, 42 U.S.C. s.

 8  1983, the Family Medical Leave Act, the Fair Labor Standards

 9  Act, and chapters 447 and 760, and ss. 112.3187, 440.105, and

10  440.205; and fully indemnify the county from any liability

11  under such laws as authorized by s. 768.28(19).

12         (c)  The positions terminate upon the expiration of, or

13  substantial breach of, the agreement or upon the expiration of

14  county funding for the positions.

15         (3)  Positions funded under this section shall be

16  full-time equivalent positions of the judicial circuit but

17  shall not count against any formula or similar process used by

18  the Office of the State Courts Administrator to determine

19  personnel needs or levels of a judicial circuit.

20         (4)  Nothing in this section obligates the state to

21  fund any personnel positions.

22         Section 2.  This act shall take effect July 1, 2007.

23  

24          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
25                          CS for SB 448

26                                 

27  The bill clarifies that when a county provides personnel to
    the court system, the court system is responsible for those
28  employees compliance with all requirements of federal and
    state employment laws.
29  

30  

31  

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