1 | Representative Steinberg offered the following: |
2 |
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3 | Substitute Amendment for Amendment (379527) (with title |
4 | amendment) |
5 | Remove everything after the resolving clause and insert: |
6 | That the following amendment to Section 14 of Article V of |
7 | the State Constitution is agreed to and shall be submitted to |
8 | the electors of this state for approval or rejection at the next |
9 | general election: |
10 | ARTICLE V |
11 | JUDICIARY |
12 | SECTION 14. Funding.- |
13 | (a) All justices and judges shall be compensated only by |
14 | state salaries fixed by general law. Funding for the state |
15 | courts system, state attorneys' offices, public defenders' |
16 | offices, and court-appointed counsel, except as otherwise |
17 | provided in subsection (c), shall be provided from state |
18 | revenues appropriated by general law. |
19 | (b) All funding for the offices of the clerks of the |
20 | circuit and county courts performing court-related functions, |
21 | except as otherwise provided in this subsection and subsection |
22 | (c), shall be provided by adequate and appropriate filing fees |
23 | for judicial proceedings and service charges and costs for |
24 | performing court-related functions as required by general law. |
25 | Selected salaries, costs, and expenses of the state courts |
26 | system may be funded from appropriate filing fees for judicial |
27 | proceedings and service charges and costs for performing court- |
28 | related functions, as provided by general law. Where the |
29 | requirements of either the United States Constitution or the |
30 | Constitution of the State of Florida preclude the imposition of |
31 | filing fees for judicial proceedings and service charges and |
32 | costs for performing court-related functions sufficient to fund |
33 | the court-related functions of the offices of the clerks of the |
34 | circuit and county courts, the state shall provide, as |
35 | determined by the legislature, adequate and appropriate |
36 | supplemental funding from state revenues appropriated by general |
37 | law. |
38 | (c) No county or municipality, except as provided in this |
39 | subsection, shall be required to provide any funding for the |
40 | state courts system, state attorneys' offices, public defenders' |
41 | offices, court-appointed counsel or the offices of the clerks of |
42 | the circuit and county courts performing court-related |
43 | functions. Counties shall be required to fund the cost of |
44 | communications services, existing radio systems, existing multi- |
45 | agency criminal justice information systems, and the cost of |
46 | construction or lease, maintenance, utilities, and security of |
47 | facilities for the trial courts, public defenders' offices, |
48 | state attorneys' offices, and the offices of the clerks of the |
49 | circuit and county courts performing court-related functions. |
50 | Counties shall also pay reasonable and necessary salaries, |
51 | costs, and expenses of the state courts system to meet local |
52 | requirements as determined by general law. |
53 | (d) The judiciary shall have no power to fix |
54 | appropriations. |
55 | (e) Commencing with the 2013-2014 fiscal year, the total |
56 | appropriation of general revenue and State Courts Revenue Trust |
57 | Fund funds to the state courts system shall equal no less than |
58 | 2.25 percent of the total general revenue funds appropriated in |
59 | the 2013-2014 general appropriations act. Federal funds, grants, |
60 | and funds received for the benefit of other agencies may not be |
61 | included in the calculation of the 2.25 percent. The funds |
62 | allocated to the state courts system may not be reduced in any |
63 | special appropriations action by an amount greater than the |
64 | percentage reduction taken to general revenue funds in the act |
65 | as compared to the general appropriations act then in effect. |
66 | The funding allocated to the state courts system may not be |
67 | automatically reduced due to declines in general revenue. For |
68 | purposes of this subsection, the state courts system includes |
69 | the courts included in Section 1 of this article, including |
70 | their direct administrative and support entities, and the |
71 | Judicial Qualifications Commission. |
72 | BE IT FURTHER RESOLVED that the following statement be |
73 | placed on the ballot: |
74 | CONSTITUTIONAL AMENDMENT |
75 | ARTICLE V, SECTION 14 |
76 | STATE COURTS.-Proposing an amendment to the State |
77 | Constitution regarding the courts. State appropriations are made |
78 | annually by general law. Current law does not require any |
79 | specific level of funding for any agency or department. This |
80 | amendment requires that the courts be appropriated a minimum of |
81 | 2.25 percent of general revenue funding beginning with the 2013- |
82 | 2014 fiscal year. |
83 |
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84 | ----------------------------------------------------- |
85 | T I T L E A M E N D M E N T |
86 | Remove the entire title and insert: |
87 | House Joint Resolution |
88 | A joint resolution proposing an amendment to Section 14 of |
89 | Article V of the State Constitution to require that a |
90 | specified minimum percentage of general revenue funds be |
91 | appropriated to the courts. |