Florida Senate - 2009 COMMITTEE AMENDMENT
Bill No. CS for SB 2108
Barcode 522512
LEGISLATIVE ACTION
Senate . House
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The Committee on Criminal and Civil Justice Appropriations
(Crist) recommended the following:
1 Senate Amendment (with title amendment)
2
3
4 Delete everything after the enacting clause
5 and insert:
6 Section 1. Section 28.35, Florida Statutes, is amended to
7 read:
8 28.35 Florida Clerks of Court Operations Corporation.—
9 (1)(a) The Florida Clerks of Court Operations Corporation
10 is hereby created as a public corporation organized to perform
11 the functions specified in this section and s. 28.36. All clerks
12 of the circuit court shall be members of the corporation and
13 hold their position and authority in an ex officio capacity. The
14 functions assigned to the corporation shall be performed by an
15 executive council pursuant to the plan of operation approved by
16 the members.
17 (b) The executive council shall be composed of eight clerks
18 of the court elected by the clerks of the courts for a term of 2
19 years, with two clerks from counties with a population of fewer
20 than 100,000, two clerks from counties with a population of at
21 least 100,000 but fewer than 500,000, two clerks from counties
22 with a population of at least 500,000 but fewer than 1 million,
23 and two clerks from counties with a population of more than 1
24 million.
25 (c) The corporation shall be considered a political
26 subdivision of the state and shall be exempt from the corporate
27 income tax. The corporation is not subject to the procurement
28 provisions of chapter 287 and policies and decisions of the
29 corporation relating to incurring debt, levying assessments, and
30 the sale, issuance, continuation, terms, and claims under
31 corporation policies, and all services relating thereto, are not
32 subject to the provisions of chapter 120.
33 (d) The functions assigned to the corporation under this
34 section and ss. 28.36 and 28.37 are considered to be for a valid
35 public purpose.
36 (2) The duties of the corporation shall include the
37 following:
38 (a) Adopting a plan of operation.
39 (b) Conducting the election of directors as required in
40 paragraph (1)(a).
41 (c) Recommending to the Legislature changes in the various
42 court-related fines, fees, service charges, and court costs
43 established by law to ensure reasonable and adequate funding of
44 the clerks of the court in the performance of their court
45 related functions.
46 (d) Pursuant to contract with the Chief Financial Officer,
47 establishing a process for the review and certification of
48 proposed court-related budget requests budgets submitted by
49 clerks of the court for completeness and compliance with this
50 section and ss. 28.36 and 28.37. This process shall be designed
51 and be of sufficient detail to permit independent verification
52 and validation of the budget certification. The contract shall
53 specify the process to be used in determining compliance by the
54 corporation with this section and ss. 28.36 and 28.37.
55 (e) Developing and certifying a uniform system of
56 performance measures and applicable performance standards for
57 the functions specified in paragraph (3)(a) paragraph (4)(a) and
58 clerk performance in meeting the performance standards. These
59 measures and standards shall be designed to facilitate an
60 objective determination of the performance of each clerk in
61 accordance with minimum standards for fiscal management,
62 operational efficiency, and effective collection of fines, fees,
63 service charges, and court costs. When the corporation finds a
64 clerk has not met the performance standards, the corporation
65 shall identify the nature of each deficiency and any corrective
66 action recommended and taken by the affected clerk of the court.
67 (f) Reviewing and certifying proposed budgets submitted by
68 clerks of the court utilizing the process approved by the Chief
69 Financial Officer pursuant to paragraph (d) for the purpose of
70 making the certification in paragraph (3)(a). As part of this
71 process, the corporation shall:
72 1. Calculate the maximum authorized annual budget pursuant
73 to the requirements of s. 28.36.
74 2. Identify those proposed budget requests budgets
75 exceeding the maximum annual budget pursuant to s. 28.36 s.
76 28.36(5) for the standard list of court-related functions
77 specified in paragraph (3)(a) paragraph (4)(a).
78 3. Identify those proposed budgets containing funding for
79 items not included on the standard list of court-related
80 functions specified in paragraph (3)(a) paragraph (4)(a).
81 4. Identify those clerks projected to have court-related
82 revenues insufficient to fund their anticipated court-related
83 expenditures.
84 (g) Developing and conducting clerk education programs.
85 (h) Publishing a uniform schedule of actual fees, service
86 charges, and costs charged by a clerk of the court for court
87 related functions pursuant to general law.
88 (3)(a) The Clerks of Court Operations Corporation shall
89 certify to the President of the Senate, the Speaker of the House
90 of Representatives, the Chief Financial Officer, and the
91 Department of Revenue by October 15 of each year, the amount of
92 the proposed budget certified for each clerk; the revenue
93 projection supporting each clerk’s budget; each clerk eligible
94 to retain some or all of the state’s share of fines, fees,
95 service charges, and costs; the amount to be paid to each clerk
96 from the Clerks of the Court Trust Fund within the Department of
97 Revenue; the performance measures and standards approved by the
98 corporation for each clerk; and the performance of each clerk in
99 meeting the performance standards.
100 (b) Prior to December 1 of each year, the Chief Financial
101 Officer shall review the certifications made by the corporation
102 for the purpose of determining compliance with the approved
103 process and report its findings to the President of the Senate,
104 the Speaker of the House of Representatives and to the
105 Department of Revenue. To determine compliance with this
106 process, the Chief Financial Officer may examine the budgets
107 submitted to the corporation by the clerks.
108 (3)(4)(a) The list of court-related functions clerks may
109 fund from filing fees, service charges, court costs, and fines
110 shall be limited to those functions expressly authorized by law
111 or court rule. Those functions must include the following: case
112 maintenance; records management; court preparation and
113 attendance; processing the assignment, reopening, and
114 reassignment of cases; processing of appeals; collection and
115 distribution of fines, fees, service charges, and court costs;
116 processing of bond forfeiture payments; payment of jurors and
117 witnesses; payment of expenses for meals or lodging provided to
118 jurors; data collection and reporting; processing of jurors;
119 determinations of indigent status; and reasonable administrative
120 support costs to enable the clerk of the court to carry out
121 these court-related functions.
122 (b) The list of functions clerks may not fund from filing
123 fees, service charges, court costs, and fines shall include:
124 1. Those functions not specified within paragraph (a).
125 2. Functions assigned by administrative orders which are
126 not required for the clerk to perform the functions in paragraph
127 (a).
128 3. Enhanced levels of service which are not required for
129 the clerk to perform the functions in paragraph (a).
130 4. Functions identified as local requirements in law or
131 local optional programs.
132 (4)(5) The corporation shall be funded pursuant to contract
133 with the Chief Financial Officer. Funds shall be provided to the
134 Chief Financial Officer for this purpose as appropriated by
135 general law. These funds shall be available to the corporation
136 for the performance of the duties and responsibilities as set
137 forth in this section. The corporation may hire staff and pay
138 other expenses from these funds as necessary to perform the
139 official duties and responsibilities of the corporation as
140 described in this section.
141 (5)(6)(a) The corporation shall submit an annual audited
142 financial statement to the Auditor General in a form and manner
143 prescribed by the Auditor General. The Auditor General shall
144 conduct an annual audit of the operations of the corporation,
145 including the use of funds and compliance with the provisions of
146 this section and ss. 28.36 and 28.37.
147 (b) Certified public accountants conducting audits of
148 counties pursuant to s. 218.39 shall report, as part of the
149 audit, whether or not the clerks of the courts have complied
150 with the requirements of this section and s. 28.36 budgets
151 certified by the Florida Clerk of Courts Operations Corporation
152 pursuant to the budget review process pursuant to contract with
153 the Chief Financial Officer and with the performance standards
154 developed and certified pursuant to this section. The Auditor
155 General shall develop a compliance supplement for the audit of
156 compliance with the budgets and applicable performance standards
157 certified by the corporation.
158 Section 2. Section 28.36, Florida Statutes, is amended to
159 read:
160 28.36 Budget procedure.—There is hereby established a
161 budget procedure for the preparation of a budget request for
162 funding for the court-related functions of the clerks of the
163 court.
164 (1) Each clerk of court shall prepare a budget request for
165 the last quarter of the county fiscal year and the first three
166 quarters of the next county fiscal year. The proposed budget
167 shall be prepared, summarized, and submitted by the clerk in
168 each county to the Clerks of Court Operations Corporation in the
169 manner and form prescribed by the corporation. The budget
170 requests must be provided to the corporation by January 1 of
171 each year. Only those functions on the standard list developed
172 pursuant to s. 28.35(4)(a) may be funded from fees, service
173 charges, court costs, and fines retained by the clerks of the
174 court. No clerk may use fees, service charges, court costs, and
175 fines in excess of the maximum budget amounts as established in
176 subsection (5).
177 (2) For the period July 1, 2004, through September 30,
178 2004, and for each county fiscal year ending September 30
179 thereafter, each clerk of the court shall prepare a budget
180 relating solely to the performance of the standard list of
181 court-related functions pursuant to s. 28.35(4)(a).
182 (3) Each proposed budget shall further conform to the
183 following requirements:
184 (a) On or before August 15 for each fiscal year thereafter,
185 the proposed budget shall be prepared, summarized, and submitted
186 by the clerk in each county to the Clerks of Court Operations
187 Corporation in the manner and form prescribed by the
188 corporation. The proposed budget must provide detailed
189 information on the anticipated revenues available and
190 expenditures necessary for the performance of the standard list
191 of court-related functions of the clerk’s office developed
192 pursuant to s. 28.35(4)(a) for the county fiscal year beginning
193 the following October 1.
194 (b) The proposed budget must be balanced, such that the
195 total of the estimated revenues available must equal or exceed
196 the total of the anticipated expenditures. These revenues
197 include the following: cash balances brought forward from the
198 prior fiscal period; revenue projected to be received from fees,
199 service charges, court costs, and fines for court-related
200 functions during the fiscal period covered by the budget; and
201 supplemental revenue that may be requested pursuant to
202 subsection (4). The anticipated expenditures must be itemized as
203 required by the corporation, pursuant to contract with the Chief
204 Financial Officer.
205 (c) The proposed budget may include a contingency reserve
206 not to exceed 10 percent of the total budget, provided that,
207 overall, the proposed budget does not exceed the limits
208 prescribed in subsection (5).
209 (4) If a clerk of the court estimates that available funds
210 plus projected revenues from fines, fees, service charges, and
211 costs for court-related services are insufficient to meet the
212 anticipated expenditures for the standard list of court-related
213 functions in s. 28.35(4)(a) performed by his or her office, the
214 clerk must report the revenue deficit to the Clerks of Court
215 Operations Corporation in the manner and form prescribed by the
216 corporation pursuant to contract with the Chief Financial
217 Officer. The corporation shall verify that the proposed budget
218 is limited to the standard list of court-related functions in s.
219 28.35(4)(a).
220 (2)(a) If the corporation determines that verifies that the
221 proposed budget is limited to the standard list of court-related
222 functions in s. 28.35(3)(a) s. 28.35(4)(a) and the projected
223 court-related revenues are less than the proposed budget, the a
224 revenue deficit is projected, a clerk seeking to retain revenues
225 pursuant to this subsection shall increase all fees, service
226 charges, and any other court-related clerk fees and charges to
227 the maximum amounts specified by law or the amount necessary to
228 resolve the deficit, whichever is less.
229 (3) Each clerk shall prepare his or her budget request
230 using prior-year expenditures, unit costs, and the proposed
231 budget specified in these core services:
232 1. Case processing;
233 2. Financial processing;
234 3. Jury management; and
235 4. Information and reporting.
236
237 Central administrative costs shall be allocated among the core
238 services categories. The unit cost for the core services must be
239 identified for each clerk in his or her budget request pursuant
240 to instructions to be provided by the corporation.
241 (4) The corporation shall review each individual clerk’s
242 budget request, prior-year expenditures, unit costs, and the
243 proposed budget for each of the core-services categories. The
244 corporation shall compare each clerk’s prior-year expenditures
245 and unit costs for core services with a peer group of clerk
246 offices having a population of a similar size and a similar
247 number of case filings. If the corporation finds that the
248 expenditures, unit costs, or proposed budget of a clerk are
249 significantly higher than those of clerks in that clerk’s peer
250 group, the corporation shall require the clerk to submit
251 documentation justifying the difference in each core-services
252 category. Justification for higher expenditures may include, but
253 need not be limited to, collective bargaining agreements, county
254 civil service agreements, the cost of retirement programs, and
255 the number and distribution of court houses served by the clerk.
256 If the expenditures and unit costs are not justified, the
257 corporation shall recommend a reduction in the funding for that
258 core-services category in the budget request to an amount
259 similar to the peer group of clerks or to an amount that the
260 corporation determines is justified.
261 (5) The salaries provided to employees of a clerk of court
262 may be adjusted only by the average percentage increase or
263 decrease in the salaries of state career service employees for
264 the current state fiscal year. The corporation shall review
265 prior-year expenditures and proposed budgets to ensure that each
266 clerk of court complies with this subsection. If the corporation
267 finds that a clerk violated this subsection, the corporation
268 shall report the violation to the Chief Financial Officer. The
269 Chief Financial Officer shall adjust the budget request for a
270 clerk violating this subsection by the amount of the
271 unauthorized budget.
272 (6) The corporation shall complete its review and
273 adjustments to the clerks’ budget requests and make its
274 recommendations to the Chief Financial Officer by February 1
275 each year.
276 (7) The Chief Financial Officer shall review the
277 recommendations of the corporation to ensure that the clerks’
278 budget requests comply with the law. The Chief Financial Officer
279 shall adjust the budget request for any clerk which does not
280 meet the requirements of law. The Chief Financial Officer shall
281 make a budget recommendation for the last quarter of the county
282 fiscal year and the first three quarters of the next county
283 fiscal year for funding for the clerks of court by March 1 each
284 year and recommend unit costs for each service for each clerk.
285 (8) The Legislature shall appropriate the total amount for
286 the budgets of the clerks in the General Appropriations Act. The
287 Legislature may reject or modify the unit costs recommended by
288 the Chief Financial Officer which are associated with the
289 appropriation.
290 (9) The Chief Financial Officer shall release
291 appropriations to each clerk quarterly. The amount of the
292 release shall be based on the prior quarter’s performance of
293 service units identified in the four core services and the unit
294 costs recommended by the Chief Financial Officer as modified by
295 the Legislature for each clerk. If, after increasing fees,
296 service charges, and any other court-related clerk fees and
297 charges to the maximum amounts specified by law, a revenue
298 deficit is still projected, the corporation shall, pursuant to
299 the terms of the contract with the Chief Financial Officer,
300 certify a revenue deficit and notify the Department of Revenue
301 that the clerk is authorized to retain revenues, in an amount
302 necessary to fully fund the projected revenue deficit, which he
303 or she would otherwise be required to remit to the Department of
304 Revenue for deposit into the Department of Revenue Clerks of the
305 Court Trust Fund pursuant to s. 28.37. If a revenue deficit is
306 projected for that clerk after retaining all of the projected
307 collections from the court-related fines, fees, service charges,
308 and costs, the Department of Revenue shall certify the amount of
309 the revenue deficit amount to the Executive Office of the
310 Governor and request release authority for funds appropriated
311 for this purpose from the Department of Revenue Clerks of the
312 Court Trust Fund. Notwithstanding provisions of s. 216.192
313 related to the release of funds, the Executive Office of the
314 Governor may approve the release of funds appropriated to
315 resolve projected revenue deficits in accordance with the
316 notice, review, and objection procedures set forth in s. 216.177
317 and shall provide notice to the Chief Financial Officer. The
318 Department of Revenue is directed to request monthly
319 distributions from the Chief Financial Officer in equal amounts
320 to each clerk certified to have a revenue deficit, in accordance
321 with the releases approved by the Governor.
322 (b) If the Chief Financial Officer finds the court-related
323 budget proposed by a clerk includes functions not included in
324 the standard list of court-related functions in s. 28.35(4)(a),
325 the Chief Financial Officer shall notify the clerk of the amount
326 of the proposed budget not eligible to be funded from fees,
327 service charges, costs, and fines for court-related functions
328 and shall identify appropriate corrective measures to ensure
329 budget integrity. The clerk shall then immediately discontinue
330 all ineligible expenditures of court-related funds for this
331 purpose and reimburse the Clerks of the Court Trust Fund for any
332 previously ineligible expenditures made for non-court-related
333 functions, and shall implement any corrective actions identified
334 by the Chief Financial Officer.
335 (5)(a) For the county fiscal year October 1, 2004, through
336 September 30, 2005, the maximum annual budget amount for the
337 standard list of court-related functions of the clerks of court
338 in s. 28.35(4)(a) that may be funded from fees, service charges,
339 court costs, and fines retained by the clerks of the court shall
340 not exceed:
341 1. One hundred and three percent of the clerk’s estimated
342 expenditures for the prior county fiscal year; or
343 2. One hundred and five percent of the clerk’s estimated
344 expenditures for the prior county fiscal year for those clerks
345 in counties that for calendar years 1998-2002 experienced an
346 average annual increase of at least 5 percent in both population
347 and case filings for all case types as reported through the
348 Summary Reporting System used by the state courts system.
349 (b) For the county fiscal year 2005-2006, the maximum
350 budget amount for the standard list of court-related functions
351 of the clerks of court in s. 28.35(4)(a) that may be funded from
352 fees, service charges, court costs, and fines retained by the
353 clerks of the court shall be the approved budget for county
354 fiscal year 2004-2005 adjusted by the projected percentage
355 change in revenue between the county fiscal years 2004-2005 and
356 2005-2006.
357 (c) For the county fiscal years 2006-2007 and thereafter,
358 the maximum budget amount for the standard list of court-related
359 functions of the clerks of court in s. 28.35(4)(a) that may be
360 funded from fees, service charges, court costs, and fines
361 retained by the clerks of the court shall be established by
362 first rebasing the prior fiscal year budget to reflect the
363 actual percentage change in the prior fiscal year revenue and
364 then adjusting the rebased prior fiscal year budget by the
365 projected percentage change in revenue for the proposed budget
366 year. The rebasing calculations and maximum annual budget
367 calculations shall be as follows:
368 1. For county fiscal year 2006-2007, the approved budget
369 for county fiscal year 2004-2005 shall be adjusted for the
370 actual percentage change in revenue between the two 12-month
371 periods ending June 30, 2005, and June 30, 2006. This result is
372 the rebased budget for the county fiscal year 2005-2006. Then
373 the rebased budget for the county fiscal year 2005-2006 shall be
374 adjusted by the projected percentage change in revenue between
375 the county fiscal years 2005-2006 and 2006-2007. This result
376 shall be the maximum annual budget amount for the standard list
377 of court-related functions of the clerks of court in s.
378 28.35(4)(a) that may be funded from fees, service charges, court
379 costs, and fines retained by the clerks of the court for each
380 clerk for the county fiscal year 2006-2007.
381 2. For county fiscal year 2007-2008, the rebased budget for
382 county fiscal year 2005-2006 shall be adjusted for the actual
383 percentage change in revenue between the two 12-month periods
384 ending June 30, 2006, and June 30, 2007. This result is the
385 rebased budget for the county fiscal year 2006-2007. The rebased
386 budget for county fiscal year 2006-2007 shall be adjusted by the
387 projected percentage change in revenue between the county fiscal
388 years 2006-2007 and 2007-2008. This result shall be the maximum
389 annual budget amount for the standard list of court-related
390 functions of the clerks of court in s. 28.35(4)(a) that may be
391 funded from fees, service charges, court costs, and fines
392 retained by the clerks of the court for county fiscal year 2007
393 2008.
394 3. For county fiscal years 2008-2009 and thereafter, the
395 maximum budget amount for the standard list of court-related
396 functions of the clerks of court in s. 28.35(4)(a) that may be
397 funded from fees, service charges, court costs, and fines
398 retained by the clerks of the court shall be calculated as the
399 rebased budget for the prior county fiscal year adjusted by the
400 projected percentage change in revenues between the prior county
401 fiscal year and the county fiscal year for which the maximum
402 budget amount is being authorized. The rebased budget for the
403 prior county fiscal year shall always be calculated by adjusting
404 the rebased budget for the year preceding the prior county
405 fiscal year by the actual percentage change in revenues between
406 the 12-month period ending June 30 of the year preceding the
407 prior county fiscal year and the 12-month period ending June 30
408 of the prior county fiscal year.
409 (6) The Legislative Budget Commission may approve increases
410 to the maximum annual budgets approved for individual clerks of
411 the court pursuant to this section for court-related duties, if
412 either of the following conditions exist:
413 (a) The additional funding is necessary to pay the cost of
414 performing new or additional functions required by changes in
415 law or court rule. Before the Legislative Budget Commission may
416 approve an increase in the maximum annual budget of any clerk
417 under this paragraph, the Clerk of the Court Operations
418 Corporation must provide the Legislative Budget Commission with
419 a statement of the impact of the proposed budget changes on
420 state revenues, and evidence that the respective clerk of the
421 court is meeting or exceeding the established performance
422 standards for measures on the fiscal management, operational
423 efficiency, and effective collection of fines, fees, service
424 charges, and court costs.
425 (b) The additional funding is necessary to pay the cost of
426 supporting increases in the number of judges or magistrates
427 authorized by the Legislature. Before the Legislative Budget
428 Commission may approve an increase in the maximum annual budget
429 of any clerk under this paragraph, the Clerk of the Court
430 Operations Corporation must provide the Legislative Budget
431 Commission with a statement of the impact of the proposed budget
432 changes on state revenues; evidence that the respective clerk of
433 the court is meeting or exceeding the established performance
434 standards for measures on the fiscal management, operational
435 efficiency, and effective collection of fines, fees, service
436 charges, and court costs; and a proposed staffing model,
437 including the cost and number of staff necessary to support each
438 new judge or magistrate.
439
440 The total amount of increases approved by the Legislative Budget
441 Commission for each county fiscal year shall not exceed an
442 amount equal to 2 percent of the maximum annual budgets approved
443 pursuant to this section for all clerks, in the aggregate, for
444 that same county fiscal year.
445 (10)(7) The Chief Financial Officer and the corporation may
446 submit proposed legislation to the Governor, the President of
447 the Senate, and the Speaker of the House of Representatives
448 relating to the preparation of budget requests of the clerks of
449 court and the recommendations of the Chief Financial Officer no
450 later than November 1 in any year for approval of clerk budget
451 request amounts exceeding the restrictions in this section for
452 the following October 1. If proposed legislation is recommended,
453 the corporation shall also submit supporting justification with
454 sufficient detail to identify the specific proposed expenditures
455 that would cause the limitations to be exceeded for each
456 affected clerk and the estimated fiscal impact on state
457 revenues.
458 Section 3. Section 142.01, Florida Statutes, is amended to
459 read:
460 142.01 Fine and forfeiture fund; disposition of revenue;
461 clerk of the circuit court.—
462 (1) There shall be established by the clerk of the circuit
463 court in each county of this state a separate fund to be known
464 as the fine and forfeiture fund for use by the clerk of the
465 circuit court in performing court-related functions. The fund
466 shall consist of the following:
467 (a)(1) Fines and penalties pursuant to ss. 28.2402(2),
468 34.045(2), 316.193, 327.35, 327.72, 379.2203(1), and 775.083(1).
469 (b)(2) That portion of civil penalties directed to this
470 fund pursuant to s. 318.21.
471 (c)(3) Court costs pursuant to ss. 28.2402(1)(b),
472 34.045(1)(b), 318.14(10)(b), 318.18(11)(a), 327.73(9)(a) and
473 (11)(a), and 938.05(3).
474 (d)(4) Proceeds from forfeited bail bonds, unclaimed bonds,
475 unclaimed moneys, or recognizances pursuant to ss. 321.05(4)(a),
476 379.2203(1), and 903.26(3)(a).
477 (e)(5) Fines and forfeitures pursuant to s. 34.191.
478 (f)(6) All other revenues received by the clerk as revenue
479 authorized by law to be retained by the clerk.
480 (2) All revenues received by the clerk in the fine and
481 forfeiture fund for funding of court-related duties shall be
482 remitted monthly to the Department of Revenue for deposit into
483 the Department of Financial Services’ Administrative Trust Fund.
484 (3) Notwithstanding the provisions of this section, all
485 fines and forfeitures arising from operation of the provisions
486 of s. 318.1215 shall be disbursed in accordance with that
487 section.
488 Section 4. Subsection (4) of section 28.37, Florida
489 Statutes, is amended to read:
490 28.37 Fines, fees, service charges, and costs remitted to
491 the state.—
492 (4) Beginning January 1, 2005, for the period July 1, 2004,
493 through September 30, 2004, and each January 1 thereafter for
494 the preceding county fiscal year of October 1 through September
495 30, the clerk of the court must remit to the Department of
496 Revenue for deposit in the General Revenue Fund the cumulative
497 excess of all fees, service charges, court costs, and fines
498 retained by the clerks of the court, plus any funds received by
499 the clerks of the court from the Department of Revenue Clerk of
500 the Court Trust Fund under s. 28.36(4)(a), over the amount
501 needed to meet the approved budget amounts established under s.
502 28.36.
503 Section 5. The clerks of court shall provide financial data
504 concerning their expenditures on court-related duties to the
505 Executive Office of the Governor for the purposes contained in
506 SB 1796 or similar legislation.
507 Section 6. The sum of $112,845,078 is appropriated from the
508 Department of Financial Services’ Administrative Trust Fund to
509 the Chief Financial Officer for the clerk of court budgets for
510 the last quarter of the 2008-2009 county fiscal year, and
511 $338,535,234 is appropriated from the Administrative Trust Fund
512 to the Chief Financial Officer for the clerks of court for the
513 first three quarters of the 2009-2010 county fiscal year.
514 Section 7. The Legislature finds and declares that this act
515 fulfills an important state interest.
516 Section 8. This act shall take effect July 1, 2009.
517
518 ================= T I T L E A M E N D M E N T ================
519 And the title is amended as follows:
520 Delete everything before the enacting clause
521 and insert:
522 A bill to be entitled
523 An act relating to the clerks of court; amending s.
524 28.35, F.S.; requiring the Florida Clerks of Court
525 Operations Corporation to establish a process to
526 review and certify budget requests of the clerks of
527 court; conforming cross-references; deleting
528 provisions relating to the certification of the amount
529 of the proposed budget for each clerk; amending s.
530 28.36, F.S.; providing a procedure for preparing
531 budget requests for the court-related functions of
532 clerks of court; requiring clerks to submit budget
533 requests to the Florida Clerks of Court Operations
534 Corporation; requiring the corporation to determine
535 whether court-related revenues are less than the
536 proposed budget for a clerk; requiring a clerk of
537 court to prepare a budget request based on specified
538 core services; requiring the corporation to compare a
539 clerk’s expenditures and costs with the clerk’s peer
540 group; limiting salary adjustments for employees of a
541 clerk of court based on salary adjustments for career
542 service employees; requiring the Chief Financial
543 Officer to review the recommendations of the
544 corporation relating to the budget requests of the
545 clerks of court; requiring the Chief Financial Officer
546 to release appropriations to the clerks of court
547 quarterly; adjusting the release of funds based on
548 performance of certain service units by the clerk;
549 amending s. 142.01, F.S.; requiring the deposit of
550 revenues received in the fine and forfeiture funds of
551 the clerks of court into the Department of Financial
552 Services’ Administrative Trust Fund; amending s.
553 28.27, F.S.; deleting a provision relating to the
554 funding of the clerks of court from a specified trust
555 fund to conform to changes made by the act; requiring
556 that the clerks of court submit financial data to the
557 Executive Office of the Governor; providing
558 appropriations; providing a finding that the act
559 fulfills an important state interest; providing an
560 effective date.