Florida Senate - 2009 COMMITTEE AMENDMENT Bill No. CS for SB 2108 Barcode 773676 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Criminal and Civil Justice Appropriations (Crist) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 6 Section 1. Subsection (4) of section 28.36, Florida 7 Statutes, is amended to read: 8 28.36 Budget procedure.—There is hereby established a 9 budget procedure for the court-related functions of the clerks 10 of the court. 11 (4) If a clerk of the court estimates that available funds 12 plus projected revenues from fines, fees, service charges, and 13 costs for court-related services are insufficient to meet the 14 anticipated expenditures for the standard list of court-related 15 functions in s. 28.35(4)(a) performed by his or her office, the 16 clerk must report the revenue deficit to the Clerks of Court 17 Operations Corporation in the manner and form prescribed by the 18 corporation pursuant to contract with the Chief Financial 19 Officer. The corporation shall verify that the proposed budget 20 is limited to the standard list of court-related functions in s. 21 28.35(4)(a). 22 (a) If the corporation verifies that the proposed budget is 23 limited to the standard list of court-related functions in s. 24 28.35(4)(a) and a revenue deficit is projected, a clerk seeking 25 to retain revenues pursuant to this subsection shall increase 26 all fees, service charges, and any other court-related clerk 27 fees and charges to the maximum amounts specified by law or the 28 amount necessary to resolve the deficit, whichever is less. If, 29 after increasing fees, service charges, and any other court 30 related clerk fees and charges to the maximum amounts specified 31 by law, a revenue deficit is still projected, the corporation 32 shall, pursuant to the terms of the contract with the Chief 33 Financial Officer, certify a revenue deficit and notify the 34 Department of Revenue that the clerk is authorized to retain 35 revenues, in an amount necessary to fully fund the projected 36 revenue deficit, which he or she would otherwise be required to 37 remit to the Department of Revenue for deposit into the 38 Department of Revenue Clerks of the Court Trust Fund pursuant to 39 s. 28.37. If a revenue deficit is projected for that clerk after 40 retaining all of the projected collections from the court 41 related fines, fees, service charges, and costs, the Department 42 of Revenue shall certify the amount of the revenue deficit 43 amount to the Executive Office of the Governor and request 44 release authority for funds appropriated for this purpose from 45 the Department of Revenue Clerks of the Court Trust Fund. 46 Notwithstanding provisions of s. 216.192 related to the release 47 of funds, the Executive Office of the Governor may approve the 48 release of funds appropriated to resolve projected revenue 49 deficits in accordance with the notice, review, and objection 50 procedures set forth in s. 216.177 and shall provide notice to 51 the Chief Financial Officer. The Department of Revenue is 52 directed to request monthly distributions from the Chief 53 Financial Officer in equal amounts to each clerk certified to 54 have a revenue deficit, in accordance with the releases approved 55 by the Governor. 56 (b) If the Chief Financial Officer finds the court-related 57 budget proposed by a clerk includes functions not included in 58 the standard list of court-related functions in s. 28.35(4)(a), 59 the Chief Financial Officer shall notify the clerk of the amount 60 of the proposed budget not eligible to be funded from fees, 61 service charges, costs, and fines for court-related functions 62 and shall identify appropriate corrective measures to ensure 63 budget integrity. The clerk shall then immediately discontinue 64 all ineligible expenditures of court-related funds for this 65 purpose and reimburse the Clerks of the Court Trust Fund for any 66 previously ineligible expenditures made for non-court-related 67 functions, and shall implement any corrective actions identified 68 by the Chief Financial Officer. 69 (b)1. Each clerk shall prepare his or her budget using 70 prior-year expenditures, unit costs, and the proposed budget 71 specified in these core services: 72 a. Case processing; 73 b. Financial processing; 74 c. Jury management; and 75 d. Information and reporting. 76 2. Central administrative costs shall be allocated among 77 the core-services categories. The unit cost for the core 78 services must be identified for each clerk in his or her budget 79 pursuant to instructions to be provided by the corporation. 80 (c) The corporation shall review each individual clerk’s 81 budget, prior-year expenditures, unit costs, and the proposed 82 budget for each of the core-services categories. The corporation 83 shall compare each clerk’s prior-year expenditures and unit 84 costs for core services with a peer group of clerk offices 85 having a population of a similar size and a similar number of 86 case filings. If the corporation finds that the expenditures, 87 unit costs, or budget of a clerk are significantly higher than 88 those of clerks in that clerk’s peer group, the corporation 89 shall require the clerk to submit documentation justifying the 90 difference in each core-services category. Justification for 91 higher expenditures may include, but need not be limited to, 92 collective bargaining agreements, county civil service 93 agreements, the cost of retirement programs, and the number and 94 distribution of courthouses served by the clerk. If the 95 expenditures and unit costs are not justified, the corporation 96 shall make a reduction in the funding for that core-services 97 category in the budget to an amount similar to the peer group of 98 clerks or to an amount that the corporation determines is 99 justified. 100 (d) The salaries provided to employees of a clerk of court 101 may be adjusted only by the average percentage increase or 102 decrease in the salaries of state career service employees for 103 the current state fiscal year. The corporation shall review 104 prior-year expenditures and proposed budgets to ensure that each 105 clerk of court complies with this paragraph. If the corporation 106 finds that a clerk violated this paragraph, the corporation 107 shall reduce the budget for a clerk violating this paragraph by 108 the amount of the unauthorized expenditure. 109 Section 2. This act shall take effect July 1, 2009. 110 111 ================= T I T L E A M E N D M E N T ================ 112 And the title is amended as follows: 113 Delete everything before the enacting clause 114 and insert: 115 116 A bill to be entitled 117 An act relating to the clerks of court; amending s. 118 28.36, F.S.; providing a procedure for preparing 119 budget for the court-related functions of clerks of 120 court; requiring a clerk of court to prepare a budget 121 based on specified core services; requiring the 122 corporation to compare a clerk’s expenditures and 123 costs with the clerk’s peer group; limiting salary 124 adjustments for employees of a clerk of court based on 125 salary adjustments for career service employees; 126 providing an effective date.