| 1 | A bill to be entitled |
| 2 | An act relating to state attorneys; amending s. 17.61, |
| 3 | F.S.; requiring that state attorneys retain moneys in |
| 4 | their respective trust funds for investment, with interest |
| 5 | appropriated to the General Revenue Fund; amending s. |
| 6 | 27.25, F.S.; requiring state attorneys of all judicial |
| 7 | circuits to jointly develop a coordinated classification |
| 8 | and pay plan and to have the State Attorneys |
| 9 | Administration Office submit the plan by a specified date |
| 10 | to the President of the Senate and the Speaker of the |
| 11 | House of Representatives; amending s. 27.34, F.S.; |
| 12 | requiring that payments by the state attorney received for |
| 13 | persons employed by a county or municipality but serving |
| 14 | as special investigators be deposited into the Grants and |
| 15 | Donations Trust Fund for the state attorney; creating s. |
| 16 | 27.375, F.S.; creating the State Attorneys Administration |
| 17 | Office; providing for a location and office space; |
| 18 | providing for personnel classifications; providing for |
| 19 | duties and responsibilities; amending ss. 27.52 and |
| 20 | 57.082, F.S.; providing that a specified percentage of any |
| 21 | amount recovered by a state attorney as reasonable value |
| 22 | of the services rendered to a defendant who misrepresented |
| 23 | his or her status as an indigent must be deposited into |
| 24 | the Grants and Donations Trust Fund for the State |
| 25 | Attorneys Administration Office; amending s. 40.29, F.S.; |
| 26 | requiring each clerk of the circuit court to forward to |
| 27 | the State Attorneys Administration Office a quarterly |
| 28 | estimate of funds necessary to pay for ordinary witnesses, |
| 29 | including witnesses in civil traffic cases and witnesses |
| 30 | of the state attorney; amending s. 40.33, F.S.; requiring |
| 31 | that the clerk of court ask the State Attorneys |
| 32 | Administration Office to pay for certain specified |
| 33 | services if a county is deficient in its resources; |
| 34 | amending s. 40.361, F.S.; providing that all laws of this |
| 35 | state relating to state budgeting and financing apply to |
| 36 | all court processes authorized or required for the payment |
| 37 | of named court services; amending ss. 43.16 and 112.0455, |
| 38 | F.S.; removing state attorneys from membership on and the |
| 39 | jurisdiction of the Justice Administrative Commission; |
| 40 | amending s. 110.112, F.S.; requiring each state attorney |
| 41 | to report annually to the State Attorneys Administration |
| 42 | Office on the implementation, continuance, updating, and |
| 43 | results of his or her affirmative action program for the |
| 44 | previous fiscal year; amending s. 501.2101, F.S.; |
| 45 | requiring that certain funds be deposited in the Consumer |
| 46 | Frauds Trust Fund of the applicable state attorney for |
| 47 | consumer litigation; amending s. 985.045, F.S.; requiring |
| 48 | the clerk of court to keep all official records required |
| 49 | for juvenile delinquents separate from other records of |
| 50 | the circuit court but allowing state attorneys access to |
| 51 | the records; providing an effective date. |
| 52 |
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| 53 | Be It Enacted by the Legislature of the State of Florida: |
| 54 |
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| 55 | Section 1. Paragraph (c) of subsection (3) of section |
| 56 | 17.61, Florida Statutes, is amended to read: |
| 57 | 17.61 Chief Financial Officer; powers and duties in the |
| 58 | investment of certain funds.-- |
| 59 | (3) |
| 60 | (c) Except as provided in this paragraph and except for |
| 61 | moneys described in paragraph (d), the following agencies shall |
| 62 | not invest trust fund moneys as provided in this section, but |
| 63 | shall retain such moneys in their respective trust funds for |
| 64 | investment, with interest appropriated to the General Revenue |
| 65 | Fund, pursuant to s. 17.57: |
| 66 | 1. The Agency for Health Care Administration, except for |
| 67 | the 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 |
| 72 | for: |
| 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 |
| 79 | Operating 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, |
| 90 | only 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 |
| 103 | Florida 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 |
| 108 | Statutes, is amended to read: |
| 109 | 27.25 State attorney authorized to employ personnel; |
| 110 | funding formula.-- |
| 111 | (1) The state attorney of each judicial circuit is |
| 112 | authorized to employ and establish, in such number as is |
| 113 | authorized by the General Appropriations Act, assistant state |
| 114 | attorneys and other staff pursuant to s. 29.005. The state |
| 115 | attorneys of all judicial circuits shall jointly develop a |
| 116 | coordinated classification and pay plan that which shall be |
| 117 | submitted by the State Attorneys Administration Office on or |
| 118 | before January 1 of each year to the Justice Administrative |
| 119 | Commission, the office of the President of the Senate, and the |
| 120 | office of the Speaker of the House of Representatives. The Such |
| 121 | plan shall be developed in accordance with policies and |
| 122 | procedures of the Executive Office of the Governor established |
| 123 | pursuant to s. 216.181. |
| 124 | Section 3. Paragraph (c) of subsection (1) of section |
| 125 | 27.34, Florida Statutes, is amended to read: |
| 126 | 27.34 Limitations on payment of salaries and other related |
| 127 | costs of state attorneys' offices other than by the state.-- |
| 128 | (1) A county or municipality may contract with, or |
| 129 | appropriate or contribute funds to the operation of, the various |
| 130 | state attorneys as provided in this subsection. A state attorney |
| 131 | prosecuting violations of special laws or county or municipal |
| 132 | ordinances punishable by incarceration and not ancillary to a |
| 133 | state charge shall contract with counties and municipalities to |
| 134 | recover the full cost of services rendered on an hourly basis or |
| 135 | reimburse the state for the full cost of assigning one or more |
| 136 | full-time equivalent attorney positions to work on behalf of the |
| 137 | county or municipality. Notwithstanding any other provision of |
| 138 | law, in the case of a county with a population of less than |
| 139 | 75,000, the state attorney shall contract for full |
| 140 | reimbursement, or for reimbursement as the parties otherwise |
| 141 | agree. |
| 142 | (c) Persons employed by the county or municipality may be |
| 143 | provided to the state attorney to serve as special investigators |
| 144 | pursuant to the provisions of s. 27.251. Any payments received |
| 145 | pursuant to this subsection shall be deposited into the Grants |
| 146 | and Donations Trust Fund for that state attorney within the |
| 147 | Justice Administrative Commission for appropriation by the |
| 148 | Legislature. |
| 149 | Section 4. Section 27.375, Florida Statutes, is created to |
| 150 | read: |
| 151 | 27.375 State Attorneys Administration Office; |
| 152 | authorization to employ; duties.-- |
| 153 | (1)(a) There is created the State Attorneys Administration |
| 154 | Office located in Tallahassee. The office shall exercise the |
| 155 | duties and responsibilities that are specified in this section. |
| 156 | (b) The state attorney of each judicial circuit is a |
| 157 | member of the administration and shall hold his or her position |
| 158 | and authority in an ex officio capacity. |
| 159 | (c) The Department of Management Services shall supply the |
| 160 | necessary office space for use by the State Attorneys |
| 161 | Administration Office. For purposes of the fees imposed on |
| 162 | agencies pursuant to s. 287.057(23), the office is exempt from |
| 163 | such fees. |
| 164 | (2)(a) All employees of the State Attorneys Administration |
| 165 | Office are exempt from the Career Service System provided in |
| 166 | chapter 110 and, notwithstanding s. 110.205(5), are not included |
| 167 | in the Senior Management Service or the Selected Exempt Service. |
| 168 | (b) The State Attorneys Administration Office is subject |
| 169 | to the classification and pay plan for state attorneys set forth |
| 170 | in s. 27.25(1) and approved annually by the state attorneys. |
| 171 | (3) The State Attorneys Administration Office is |
| 172 | responsible for, but is not limited to: |
| 173 | (a) Maintaining a central state office for administrative |
| 174 | services and assistance to and on behalf of the state attorneys |
| 175 | of this state. |
| 176 | (b) Assisting state attorneys in preparing budget |
| 177 | requests, voucher schedules, and other forms and reports, as |
| 178 | required by law. Each state attorney shall prepare necessary |
| 179 | circuit budgets, vouchers that represent valid claims for |
| 180 | reimbursement from the state for authorized expenses, and other |
| 181 | documents incidental to the proper administration of the state |
| 182 | attorney's office and shall forward them to the State Attorneys |
| 183 | Administration Office for recording and submission to the proper |
| 184 | state officer. |
| 185 | (4) Any duty assigned to the State Attorneys |
| 186 | Administration Office is considered to be for a valid public |
| 187 | purpose. |
| 188 | (5) Chapter 120 does not apply to the State Attorneys |
| 189 | Administration Office. |
| 190 | Section 5. Paragraph (b) of subsection (7) of section |
| 191 | 27.52, 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, |
| 195 | through fraud or misrepresentation, was improperly determined to |
| 196 | be indigent or indigent for costs, the matter shall be referred |
| 197 | to the state attorney. Twenty-five percent of any amount |
| 198 | recovered by the state attorney as reasonable value of the |
| 199 | services rendered, including fees, charges, and costs paid by |
| 200 | the state on the person's behalf, shall be remitted to the |
| 201 | Department of Revenue for deposit into the Grants and Donations |
| 202 | Trust Fund within the State Attorneys Administration Office |
| 203 | Justice Administrative Commission. Seventy-five percent of any |
| 204 | amount recovered shall be remitted to the Department of Revenue |
| 205 | for deposit into the General Revenue Fund. |
| 206 | Section 6. Section 40.29, Florida Statutes, is amended to |
| 207 | read: |
| 208 | 40.29 Payment of due-process costs.-- |
| 209 | (1)(a) Each clerk of the circuit court, on behalf of the |
| 210 | courts, the state attorney, court-appointed counsel, and the |
| 211 | public defender, shall forward to the Justice Administrative |
| 212 | Commission, by county, a quarterly estimate of funds necessary |
| 213 | to pay for ordinary witnesses, including, but not limited to, |
| 214 | witnesses in civil traffic cases and witnesses of the state |
| 215 | attorney, public defender, court-appointed counsel, and persons |
| 216 | determined to be indigent for costs. Each quarter of the state |
| 217 | fiscal year, the commission, based upon the estimates, shall |
| 218 | advance funds to each clerk to pay for these ordinary witnesses |
| 219 | from state funds specifically appropriated for the payment of |
| 220 | ordinary witnesses. |
| 221 | (b) Each clerk of the circuit court shall forward to the |
| 222 | State Attorneys Administration Office, by county, a quarterly |
| 223 | estimate of funds necessary to pay for ordinary witnesses, |
| 224 | including, but not limited to, witnesses in civil traffic cases |
| 225 | and witnesses of the state attorney. |
| 226 | (c)(b) Each clerk of the circuit court shall forward to |
| 227 | the Office of the State Courts Administrator, by county, a |
| 228 | quarterly 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 |
| 231 | Administration Office, or Office of State Courts Administrator, |
| 232 | as applicable, shall endorse the amount deemed necessary for |
| 233 | payment by the clerk of the court during the quarterly fiscal |
| 234 | period and shall submit a request for payment to the Chief |
| 235 | Financial Officer. |
| 236 | (3) Upon receipt of the funds from the Chief Financial |
| 237 | Officer, the clerk of the court shall pay all invoices approved |
| 238 | and submitted by the state attorney, public defender, and |
| 239 | circuit court administrator for the items enumerated in |
| 240 | paragraphs (1)(a), (b), and (c)(b). |
| 241 | (4) After review for compliance with applicable rates and |
| 242 | requirements, the Justice Administrative Commission shall pay |
| 243 | all due process service related invoices, except those |
| 244 | enumerated in paragraphs (1)(a), (b), and (c)(b), approved and |
| 245 | submitted by the state attorney, public defender, or court- |
| 246 | appointed counsel in accordance with the applicable requirements |
| 247 | of ss. 29.005, 29.006, and 29.007. |
| 248 | Section 7. Section 40.33, Florida Statutes, is amended to |
| 249 | read: |
| 250 | 40.33 Deficiency.--If the funds required for payment of |
| 251 | the items enumerated in s. 40.29(1)(a), or (b), or (c) in any |
| 252 | county during a quarterly fiscal period exceed exceeds the |
| 253 | amount of the funds provided pursuant to s. 40.29(3), the state |
| 254 | attorney or public defender, as applicable, shall make a further |
| 255 | request upon the Justice Administrative Commission for the items |
| 256 | enumerated in s. 40.29(1)(a) or the clerk of court shall make a |
| 257 | further request upon the State Attorneys Administration Office |
| 258 | or the Office of the State Courts Administrator, as applicable, |
| 259 | for items enumerated in s. 40.29(1)(b) and (c) for the amount |
| 260 | necessary to allow for full payment. |
| 261 | Section 8. Section 40.361, Florida Statutes, is amended to |
| 262 | read: |
| 263 | 40.361 Applicability of laws regarding state budgeting and |
| 264 | finances.--The requirements contained within chapter 216, |
| 265 | including the provisions of s. 216.192 related to release of |
| 266 | funds, chapter 29, including ss. 29.015 and 29.016 related to |
| 267 | use of contingency funds for due process services, and all other |
| 268 | laws of this state relating to state budgeting and financing |
| 269 | shall apply to all processes authorized or required under this |
| 270 | chapter for the payment of the items enumerated in s. |
| 271 | 40.29(1)(a), (b), and (c)(b). |
| 272 | Section 9. Subsections (2), (5), and (6) of section 43.16, |
| 273 | Florida Statutes, are amended to read: |
| 274 | 43.16 Justice Administrative Commission; membership, |
| 275 | powers and duties.-- |
| 276 | (2) Members of the Justice Administrative Commission shall |
| 277 | serve for a period of 2 years, with the terms of each dating |
| 278 | from July 1, 1985, except that initially, one state attorney |
| 279 | member and one public defender member shall each serve a 1-year |
| 280 | term. Members shall be selected in the following manner: |
| 281 | (a) Two state attorneys, to be appointed by the president |
| 282 | of the Florida Prosecuting Attorneys Association. |
| 283 | (b) Two public defenders shall, to be appointed by the |
| 284 | president of the Florida Public Defender Association. |
| 285 | (5) The duties of the commission shall include, but not be |
| 286 | limited to, the following: |
| 287 | (a) The maintenance of a central state office for |
| 288 | administrative services and assistance when possible to and on |
| 289 | behalf of the state attorneys and public defenders of this state |
| 290 | Florida, the capital collateral regional counsel of this state |
| 291 | Florida, the criminal conflict and civil regional counsel, and |
| 292 | the Guardian Ad Litem Program. |
| 293 | (b) Each state attorney, public defender, and criminal |
| 294 | conflict and civil regional counsel and the Guardian Ad Litem |
| 295 | Program shall continue to prepare necessary budgets, vouchers |
| 296 | that represent valid claims for reimbursement by the state for |
| 297 | authorized expenses, and other things incidental to the proper |
| 298 | administrative operation of the office, such as revenue |
| 299 | transmittals to the Chief Financial Officer and automated |
| 300 | systems plans, but will forward same to the commission for |
| 301 | recording and submission to the proper state officer. However, |
| 302 | when requested by a state attorney, a public defender, a |
| 303 | criminal conflict and civil regional counsel, or the Guardian Ad |
| 304 | Litem Program, the commission will either assist in the |
| 305 | preparation of budget requests, voucher schedules, and other |
| 306 | forms and reports or accomplish the entire project involved. |
| 307 | (6) The provisions contained in This section is shall be |
| 308 | supplemental to those of chapter 27, relating to state |
| 309 | attorneys, public defenders, criminal conflict and civil |
| 310 | regional counsel, and capital collateral regional counsel; to |
| 311 | those of chapter 39, relating to the Guardian Ad Litem Program; |
| 312 | or to other laws pertaining hereto. |
| 313 | Section 10. Paragraph (b) of subsection (7) of section |
| 314 | 57.082, 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, |
| 318 | through fraud or misrepresentation, was improperly determined to |
| 319 | be indigent, the matter shall be referred to the state attorney. |
| 320 | Twenty-five percent of any amount recovered by the state |
| 321 | attorney as reasonable value of the services rendered, including |
| 322 | fees, charges, and costs paid by the state on the person's |
| 323 | behalf, shall be remitted to the Department of Revenue for |
| 324 | deposit into the Grants and Donations Trust Fund within the |
| 325 | State Attorneys Administration Office Justice Administrative |
| 326 | Commission. Seventy-five percent of any amount recovered shall |
| 327 | be remitted to the Department of Revenue for deposit into the |
| 328 | General Revenue Fund. |
| 329 | Section 11. Paragraph (d) of subsection (3) of section |
| 330 | 110.112, Florida Statutes, is amended to read: |
| 331 | 110.112 Affirmative action; equal employment |
| 332 | opportunity.-- |
| 333 | (3) Each state attorney and public defender shall: |
| 334 | (d) Report annually to the State Attorneys Administration |
| 335 | Office or the Justice Administrative Commission, as applicable, |
| 336 | on the implementation, continuance, updating, and results of his |
| 337 | or her affirmative action program for the previous fiscal year. |
| 338 | Section 12. Paragraph (e) of subsection (13) of section |
| 339 | 112.0455, 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 |
| 343 | on behalf of the state attorneys and public defenders of |
| 344 | Florida, the capital collateral regional counsel, and the |
| 345 | Judicial Qualifications Commission. |
| 346 |
|
| 347 | This section shall not be construed to eliminate the bargainable |
| 348 | rights as provided in the collective bargaining process where |
| 349 | applicable. |
| 350 | Section 13. Subsection (1) of section 501.2101, Florida |
| 351 | Statutes, is amended to read: |
| 352 | 501.2101 Enforcing authorities; moneys received in certain |
| 353 | proceedings.-- |
| 354 | (1) Any moneys received by an enforcing authority for |
| 355 | attorney's fees and costs of investigation or litigation in |
| 356 | proceedings brought under the provisions of s. 501.207, s. |
| 357 | 501.208, or s. 501.211 shall be deposited as received in the |
| 358 | Legal Affairs Revolving Trust Fund if the action is brought by |
| 359 | the Department of Legal Affairs, and in the Consumer Frauds |
| 360 | Trust Fund of the applicable state attorney Justice |
| 361 | Administrative Commission if the action is brought by a state |
| 362 | attorney. |
| 363 | Section 14. Subsection (2) of section 985.045, Florida |
| 364 | Statutes, is amended to read: |
| 365 | 985.045 Court records.-- |
| 366 | (2) The clerk shall keep all official records required by |
| 367 | this section separate from other records of the circuit court, |
| 368 | except those records pertaining to motor vehicle violations, |
| 369 | which shall be forwarded to the Department of Highway Safety and |
| 370 | Motor Vehicles. Except as provided in ss. 943.053 and |
| 371 | 985.04(6)(b) and (7), official records required by this chapter |
| 372 | are not open to inspection by the public, but may be inspected |
| 373 | only upon order of the court by persons deemed by the court to |
| 374 | have a proper interest therein, except that a child and the |
| 375 | parents, guardians, or legal custodians of the child and their |
| 376 | attorneys, law enforcement agencies, the Department of Juvenile |
| 377 | Justice and its designees, the Parole Commission, the Department |
| 378 | of Corrections, state attorneys, and the Justice Administrative |
| 379 | Commission shall always have the right to inspect and copy any |
| 380 | official record pertaining to the child. The court may permit |
| 381 | authorized representatives of recognized organizations compiling |
| 382 | statistics for proper purposes to inspect, and make abstracts |
| 383 | from, official records under whatever conditions upon the use |
| 384 | and disposition of such records the court may deem proper and |
| 385 | may punish by contempt proceedings any violation of those |
| 386 | conditions. |
| 387 | Section 15. This act shall take effect July 1, 2008. |