HB 953

1
A bill to be entitled
2An act relating to state attorneys; amending s. 17.61,
3F.S.; requiring that state attorneys retain moneys in
4their respective trust funds for investment, with interest
5appropriated to the General Revenue Fund; amending s.
627.25, F.S.; requiring state attorneys of all judicial
7circuits to jointly develop a coordinated classification
8and pay plan and to have the State Attorneys
9Administration Office submit the plan by a specified date
10to the President of the Senate and the Speaker of the
11House of Representatives; amending s. 27.34, F.S.;
12requiring that payments by the state attorney received for
13persons employed by a county or municipality but serving
14as special investigators be deposited into the Grants and
15Donations Trust Fund for the state attorney; creating s.
1627.375, F.S.; creating the State Attorneys Administration
17Office; providing for a location and office space;
18providing for personnel classifications; providing for
19duties and responsibilities; amending ss. 27.52 and
2057.082, F.S.; providing that a specified percentage of any
21amount recovered by a state attorney as reasonable value
22of the services rendered to a defendant who misrepresented
23his or her status as an indigent must be deposited into
24the Grants and Donations Trust Fund for the State
25Attorneys Administration Office; amending s. 40.29, F.S.;
26requiring each clerk of the circuit court to forward to
27the State Attorneys Administration Office a quarterly
28estimate of funds necessary to pay for ordinary witnesses,
29including witnesses in civil traffic cases and witnesses
30of the state attorney; amending s. 40.33, F.S.; requiring
31that the clerk of court ask the State Attorneys
32Administration Office to pay for certain specified
33services if a county is deficient in its resources;
34amending s. 40.361, F.S.; providing that all laws of this
35state relating to state budgeting and financing apply to
36all court processes authorized or required for the payment
37of named court services; amending ss. 43.16 and 112.0455,
38F.S.; removing state attorneys from membership on and the
39jurisdiction of the Justice Administrative Commission;
40amending s. 110.112, F.S.; requiring each state attorney
41to report annually to the State Attorneys Administration
42Office on the implementation, continuance, updating, and
43results of his or her affirmative action program for the
44previous fiscal year; amending s. 501.2101, F.S.;
45requiring that certain funds be deposited in the Consumer
46Frauds Trust Fund of the applicable state attorney for
47consumer litigation; amending s. 985.045, F.S.; requiring
48the clerk of court to keep all official records required
49for juvenile delinquents separate from other records of
50the circuit court but allowing state attorneys access to
51the records; providing an effective date.
52
53Be It Enacted by the Legislature of the State of Florida:
54
55     Section 1.  Paragraph (c) of subsection (3) of section
5617.61, Florida Statutes, is amended to read:
57     17.61  Chief Financial Officer; powers and duties in the
58investment of certain funds.--
59     (3)
60     (c)  Except as provided in this paragraph and except for
61moneys described in paragraph (d), the following agencies shall
62not invest trust fund moneys as provided in this section, but
63shall retain such moneys in their respective trust funds for
64investment, with interest appropriated to the General Revenue
65Fund, pursuant to s. 17.57:
66     1.  The Agency for Health Care Administration, except for
67the Tobacco Settlement Trust Fund.
68     2.  The Agency for Persons with Disabilities, except for:
69     a.  The Federal Grants Trust Fund.
70     b.  The Tobacco Settlement Trust Fund.
71     3.  The Department of Children and Family Services, except
72for:
73     a.  The Alcohol, Drug Abuse, and Mental Health Trust Fund.
74     b.  The Refugee Assistance Trust Fund.
75     c.  The Social Services Block Grant Trust Fund.
76     d.  The Tobacco Settlement Trust Fund.
77     e.  The Working Capital Trust Fund.
78     4.  The Department of Community Affairs, only for the
79Operating Trust Fund.
80     5.  The Department of Corrections.
81     6.  The Department of Elderly Affairs, except for:
82     a.  The Federal Grants Trust Fund.
83     b.  The Tobacco Settlement Trust Fund.
84     7.  The Department of Health, except for:
85     a.  The Federal Grants Trust Fund.
86     b.  The Grants and Donations Trust Fund.
87     c.  The Maternal and Child Health Block Grant Trust Fund.
88     d.  The Tobacco Settlement Trust Fund.
89     8.  The Department of Highway Safety and Motor Vehicles,
90only for:
91     a.  The DUI Programs Coordination Trust Fund.
92     b.  The Security Deposits Trust Fund.
93     9.  The Department of Juvenile Justice.
94     10.  The Department of Law Enforcement.
95     11.  The Department of Legal Affairs.
96     12.  The Department of State, only for:
97     a.  The Grants and Donations Trust Fund.
98     b.  The Records Management Trust Fund.
99     13.  The Executive Office of the Governor, only for:
100     a.  The Economic Development Transportation Trust Fund.
101     b.  The Economic Development Trust Fund.
102     14.  The Florida Public Service Commission, only for the
103Florida Public Service Regulatory Trust Fund.
104     15.  The Justice Administrative Commission.
105     16.  The state courts system.
106     17.  The state attorneys.
107     Section 2.  Subsection (1) of section 27.25, Florida
108Statutes, is amended to read:
109     27.25  State attorney authorized to employ personnel;
110funding formula.--
111     (1)  The state attorney of each judicial circuit is
112authorized to employ and establish, in such number as is
113authorized by the General Appropriations Act, assistant state
114attorneys and other staff pursuant to s. 29.005. The state
115attorneys of all judicial circuits shall jointly develop a
116coordinated classification and pay plan that which shall be
117submitted by the State Attorneys Administration Office on or
118before January 1 of each year to the Justice Administrative
119Commission, the office of the President of the Senate, and the
120office of the Speaker of the House of Representatives. The Such
121plan shall be developed in accordance with policies and
122procedures of the Executive Office of the Governor established
123pursuant to s. 216.181.
124     Section 3.  Paragraph (c) of subsection (1) of section
12527.34, Florida Statutes, is amended to read:
126     27.34  Limitations on payment of salaries and other related
127costs of state attorneys' offices other than by the state.--
128     (1)  A county or municipality may contract with, or
129appropriate or contribute funds to the operation of, the various
130state attorneys as provided in this subsection. A state attorney
131prosecuting violations of special laws or county or municipal
132ordinances punishable by incarceration and not ancillary to a
133state charge shall contract with counties and municipalities to
134recover the full cost of services rendered on an hourly basis or
135reimburse the state for the full cost of assigning one or more
136full-time equivalent attorney positions to work on behalf of the
137county or municipality. Notwithstanding any other provision of
138law, in the case of a county with a population of less than
13975,000, the state attorney shall contract for full
140reimbursement, or for reimbursement as the parties otherwise
141agree.
142     (c)  Persons employed by the county or municipality may be
143provided to the state attorney to serve as special investigators
144pursuant to the provisions of s. 27.251. Any payments received
145pursuant to this subsection shall be deposited into the Grants
146and Donations Trust Fund for that state attorney within the
147Justice Administrative Commission for appropriation by the
148Legislature.
149     Section 4.  Section 27.375, Florida Statutes, is created to
150read:
151     27.375  State Attorneys Administration Office;
152authorization to employ; duties.--
153     (1)(a)  There is created the State Attorneys Administration
154Office located in Tallahassee. The office shall exercise the
155duties and responsibilities that are specified in this section.
156     (b)  The state attorney of each judicial circuit is a
157member of the administration and shall hold his or her position
158and authority in an ex officio capacity.
159     (c)  The Department of Management Services shall supply the
160necessary office space for use by the State Attorneys
161Administration Office. For purposes of the fees imposed on
162agencies pursuant to s. 287.057(23), the office is exempt from
163such fees.
164     (2)(a)  All employees of the State Attorneys Administration
165Office are exempt from the Career Service System provided in
166chapter 110 and, notwithstanding s. 110.205(5), are not included
167in the Senior Management Service or the Selected Exempt Service.
168     (b)  The State Attorneys Administration Office is subject
169to the classification and pay plan for state attorneys set forth
170in s. 27.25(1) and approved annually by the state attorneys.
171     (3)  The State Attorneys Administration Office is
172responsible for, but is not limited to:
173     (a)  Maintaining a central state office for administrative
174services and assistance to and on behalf of the state attorneys
175of this state.
176     (b)  Assisting state attorneys in preparing budget
177requests, voucher schedules, and other forms and reports, as
178required by law. Each state attorney shall prepare necessary
179circuit budgets, vouchers that represent valid claims for
180reimbursement from the state for authorized expenses, and other
181documents incidental to the proper administration of the state
182attorney's office and shall forward them to the State Attorneys
183Administration Office for recording and submission to the proper
184state officer.
185     (4)  Any duty assigned to the State Attorneys
186Administration Office is considered to be for a valid public
187purpose.
188     (5)  Chapter 120 does not apply to the State Attorneys
189Administration Office.
190     Section 5.  Paragraph (b) of subsection (7) of section
19127.52, Florida Statutes, is amended to read:
192     27.52  Determination of indigent status.--
193     (7)  FINANCIAL DISCREPANCIES; FRAUD; FALSE INFORMATION.--
194     (b)  If the court has reason to believe that any applicant,
195through fraud or misrepresentation, was improperly determined to
196be indigent or indigent for costs, the matter shall be referred
197to the state attorney. Twenty-five percent of any amount
198recovered by the state attorney as reasonable value of the
199services rendered, including fees, charges, and costs paid by
200the state on the person's behalf, shall be remitted to the
201Department of Revenue for deposit into the Grants and Donations
202Trust Fund within the State Attorneys Administration Office
203Justice Administrative Commission. Seventy-five percent of any
204amount recovered shall be remitted to the Department of Revenue
205for deposit into the General Revenue Fund.
206     Section 6.  Section 40.29, Florida Statutes, is amended to
207read:
208     40.29  Payment of due-process costs.--
209     (1)(a)  Each clerk of the circuit court, on behalf of the
210courts, the state attorney, court-appointed counsel, and the
211public defender, shall forward to the Justice Administrative
212Commission, by county, a quarterly estimate of funds necessary
213to pay for ordinary witnesses, including, but not limited to,
214witnesses in civil traffic cases and witnesses of the state
215attorney, public defender, court-appointed counsel, and persons
216determined to be indigent for costs. Each quarter of the state
217fiscal year, the commission, based upon the estimates, shall
218advance funds to each clerk to pay for these ordinary witnesses
219from state funds specifically appropriated for the payment of
220ordinary witnesses.
221     (b)  Each clerk of the circuit court shall forward to the
222State Attorneys Administration Office, by county, a quarterly
223estimate of funds necessary to pay for ordinary witnesses,
224including, but not limited to, witnesses in civil traffic cases
225and witnesses of the state attorney.
226     (c)(b)  Each clerk of the circuit court shall forward to
227the Office of the State Courts Administrator, by county, a
228quarterly estimate of funds necessary to pay juror compensation.
229     (2)  Upon receipt of an estimate pursuant to subsection
230(1), the Justice Administrative Commission, State Attorneys
231Administration Office, or Office of State Courts Administrator,
232as applicable, shall endorse the amount deemed necessary for
233payment by the clerk of the court during the quarterly fiscal
234period and shall submit a request for payment to the Chief
235Financial Officer.
236     (3)  Upon receipt of the funds from the Chief Financial
237Officer, the clerk of the court shall pay all invoices approved
238and submitted by the state attorney, public defender, and
239circuit court administrator for the items enumerated in
240paragraphs (1)(a), (b), and (c)(b).
241     (4)  After review for compliance with applicable rates and
242requirements, the Justice Administrative Commission shall pay
243all due process service related invoices, except those
244enumerated in paragraphs (1)(a), (b), and (c)(b), approved and
245submitted by the state attorney, public defender, or court-
246appointed counsel in accordance with the applicable requirements
247of ss. 29.005, 29.006, and 29.007.
248     Section 7.  Section 40.33, Florida Statutes, is amended to
249read:
250     40.33  Deficiency.--If the funds required for payment of
251the items enumerated in s. 40.29(1)(a), or (b), or (c) in any
252county during a quarterly fiscal period exceed exceeds the
253amount of the funds provided pursuant to s. 40.29(3), the state
254attorney or public defender, as applicable, shall make a further
255request upon the Justice Administrative Commission for the items
256enumerated in s. 40.29(1)(a) or the clerk of court shall make a
257further request upon the State Attorneys Administration Office
258or the Office of the State Courts Administrator, as applicable,
259for items enumerated in s. 40.29(1)(b) and (c) for the amount
260necessary to allow for full payment.
261     Section 8.  Section 40.361, Florida Statutes, is amended to
262read:
263     40.361  Applicability of laws regarding state budgeting and
264finances.--The requirements contained within chapter 216,
265including the provisions of s. 216.192 related to release of
266funds, chapter 29, including ss. 29.015 and 29.016 related to
267use of contingency funds for due process services, and all other
268laws of this state relating to state budgeting and financing
269shall apply to all processes authorized or required under this
270chapter for the payment of the items enumerated in s.
27140.29(1)(a), (b), and (c)(b).
272     Section 9.  Subsections (2), (5), and (6) of section 43.16,
273Florida Statutes, are amended to read:
274     43.16  Justice Administrative Commission; membership,
275powers and duties.--
276     (2)  Members of the Justice Administrative Commission shall
277serve for a period of 2 years, with the terms of each dating
278from July 1, 1985, except that initially, one state attorney
279member and one public defender member shall each serve a 1-year
280term. Members shall be selected in the following manner:
281     (a)  Two state attorneys, to be appointed by the president
282of the Florida Prosecuting Attorneys Association.
283     (b)  Two public defenders shall, to be appointed by the
284president of the Florida Public Defender Association.
285     (5)  The duties of the commission shall include, but not be
286limited to, the following:
287     (a)  The maintenance of a central state office for
288administrative services and assistance when possible to and on
289behalf of the state attorneys and public defenders of this state
290Florida, the capital collateral regional counsel of this state
291Florida, the criminal conflict and civil regional counsel, and
292the Guardian Ad Litem Program.
293     (b)  Each state attorney, public defender, and criminal
294conflict and civil regional counsel and the Guardian Ad Litem
295Program shall continue to prepare necessary budgets, vouchers
296that represent valid claims for reimbursement by the state for
297authorized expenses, and other things incidental to the proper
298administrative operation of the office, such as revenue
299transmittals to the Chief Financial Officer and automated
300systems plans, but will forward same to the commission for
301recording and submission to the proper state officer. However,
302when requested by a state attorney, a public defender, a
303criminal conflict and civil regional counsel, or the Guardian Ad
304Litem Program, the commission will either assist in the
305preparation of budget requests, voucher schedules, and other
306forms and reports or accomplish the entire project involved.
307     (6)  The provisions contained in This section is shall be
308supplemental to those of chapter 27, relating to state
309attorneys, public defenders, criminal conflict and civil
310regional counsel, and capital collateral regional counsel; to
311those of chapter 39, relating to the Guardian Ad Litem Program;
312or to other laws pertaining hereto.
313     Section 10.  Paragraph (b) of subsection (7) of section
31457.082, Florida Statutes, is amended to read:
315     57.082  Determination of civil indigent status.--
316     (7)  FINANCIAL DISCREPANCIES; FRAUD; FALSE INFORMATION.--
317     (b)  If the court has reason to believe that any applicant,
318through fraud or misrepresentation, was improperly determined to
319be indigent, the matter shall be referred to the state attorney.
320Twenty-five percent of any amount recovered by the state
321attorney as reasonable value of the services rendered, including
322fees, charges, and costs paid by the state on the person's
323behalf, shall be remitted to the Department of Revenue for
324deposit into the Grants and Donations Trust Fund within the
325State Attorneys Administration Office Justice Administrative
326Commission. Seventy-five percent of any amount recovered shall
327be remitted to the Department of Revenue for deposit into the
328General Revenue Fund.
329     Section 11.  Paragraph (d) of subsection (3) of section
330110.112, Florida Statutes, is amended to read:
331     110.112  Affirmative action; equal employment
332opportunity.--
333     (3)  Each state attorney and public defender shall:
334     (d)  Report annually to the State Attorneys Administration
335Office or the Justice Administrative Commission, as applicable,
336on the implementation, continuance, updating, and results of his
337or her affirmative action program for the previous fiscal year.
338     Section 12.  Paragraph (e) of subsection (13) of section
339112.0455, Florida Statutes, is amended to read:
340     112.0455  Drug-Free Workplace Act.--
341     (13)  RULES.--
342     (e)  The Justice Administrative Commission may adopt rules
343on behalf of the state attorneys and public defenders of
344Florida, the capital collateral regional counsel, and the
345Judicial Qualifications Commission.
346
347This section shall not be construed to eliminate the bargainable
348rights as provided in the collective bargaining process where
349applicable.
350     Section 13.  Subsection (1) of section 501.2101, Florida
351Statutes, is amended to read:
352     501.2101  Enforcing authorities; moneys received in certain
353proceedings.--
354     (1)  Any moneys received by an enforcing authority for
355attorney's fees and costs of investigation or litigation in
356proceedings brought under the provisions of s. 501.207, s.
357501.208, or s. 501.211 shall be deposited as received in the
358Legal Affairs Revolving Trust Fund if the action is brought by
359the Department of Legal Affairs, and in the Consumer Frauds
360Trust Fund of the applicable state attorney Justice
361Administrative Commission if the action is brought by a state
362attorney.
363     Section 14.  Subsection (2) of section 985.045, Florida
364Statutes, is amended to read:
365     985.045  Court records.--
366     (2)  The clerk shall keep all official records required by
367this section separate from other records of the circuit court,
368except those records pertaining to motor vehicle violations,
369which shall be forwarded to the Department of Highway Safety and
370Motor Vehicles. Except as provided in ss. 943.053 and
371985.04(6)(b) and (7), official records required by this chapter
372are not open to inspection by the public, but may be inspected
373only upon order of the court by persons deemed by the court to
374have a proper interest therein, except that a child and the
375parents, guardians, or legal custodians of the child and their
376attorneys, law enforcement agencies, the Department of Juvenile
377Justice and its designees, the Parole Commission, the Department
378of Corrections, state attorneys, and the Justice Administrative
379Commission shall always have the right to inspect and copy any
380official record pertaining to the child. The court may permit
381authorized representatives of recognized organizations compiling
382statistics for proper purposes to inspect, and make abstracts
383from, official records under whatever conditions upon the use
384and disposition of such records the court may deem proper and
385may punish by contempt proceedings any violation of those
386conditions.
387     Section 15.  This act shall take effect July 1, 2008.


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