Florida Senate - 2015                        COMMITTEE AMENDMENT
       Bill No. SB 1080
       
       
       
       
       
       
                                Ì104994KÎ104994                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/26/2015           .                                
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       The Committee on Judiciary (Ring) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 89 - 289
    4  and insert:
    5         Section 2. Paragraph (i) is added to subsection (2) of
    6  section 28.35, Florida Statutes, and paragraph (a) of subsection
    7  (3) of that section is amended, to read:
    8         28.35 Florida Clerks of Court Operations Corporation.—
    9         (2) The duties of the corporation shall include the
   10  following:
   11         (i) Paying jury-related invoices submitted by the clerks of
   12  the circuit court pursuant to s. 40.29.
   13         (3)(a) The list of court-related functions that clerks may
   14  fund from filing fees, service charges, costs, and fines is
   15  limited to those functions expressly authorized by law or court
   16  rule. Those functions include the following: case maintenance;
   17  records management; court preparation and attendance; processing
   18  the assignment, reopening, and reassignment of cases; processing
   19  of appeals; collection and distribution of fines, fees, service
   20  charges, and court costs; processing of bond forfeiture
   21  payments; payment of jurors and witnesses; payment of expenses
   22  for meals or lodging provided to jurors; data collection and
   23  reporting; processing of jurors; determinations of indigent
   24  status; and paying reasonable administrative support costs to
   25  enable the clerk of the court to carry out these court-related
   26  functions.
   27         Section 3. Subsections (2) and (3) of section 28.37,
   28  Florida Statutes, are amended to read:
   29         28.37 Fines, fees, service charges, and costs remitted to
   30  the state.—
   31         (2) The Beginning November 1, 2013, that portion of all
   32  fines, fees, service charges, and costs collected by the clerks
   33  of the court for the previous month which is in excess of one
   34  twelfth of the clerks’ total budget for the performance of
   35  court-related functions shall be remitted to the Department of
   36  Revenue for deposit into the Clerks of the Court Trust Fund.
   37  Such collections do not include funding received for the
   38  operation of the Title IV-D child support collections and
   39  disbursement program. The clerk of the court shall remit the
   40  revenues collected during the previous month due to the state on
   41  or before the 10th day of each month.
   42         (3) Each year, no later than January 25, 2015, and each
   43  January 25 thereafter for the previous county fiscal year, the
   44  clerks of court, in consultation with the Florida Clerks of
   45  Court Operations Corporation, shall remit to the Department of
   46  Revenue for deposit into the Clerks of the Court Trust in the
   47  General Revenue Fund the cumulative excess of all fines, fees,
   48  service charges, and costs retained by the clerks of the court,
   49  plus any funds received by the clerks of the court from the
   50  Clerks of the Court Trust Fund under s. 28.36(3), which exceed
   51  the amount needed to meet their authorized budget amounts
   52  established under s. 28.35. The Department of Revenue shall
   53  transfer from the Clerks of the Court Trust Fund to the General
   54  Revenue Fund the cumulative excess of all fines, fees, service
   55  charges, and costs submitted by the clerks of court for the
   56  previous county fiscal year pursuant to this section subsection
   57  (2). However, if the official estimate for funds accruing to the
   58  clerks of court made by the Revenue Estimating Conference for
   59  the current fiscal year or the next 2 fiscal years year is less
   60  than the cumulative amount of authorized budgets for the clerks
   61  of court for the current fiscal year, the Department of Revenue
   62  shall retain in the Clerks of the Court Trust Fund the estimated
   63  amount needed to fully fund the clerks of court for the current
   64  and next 2 fiscal years year based upon the current budget
   65  established under s. 28.35.
   66         Section 4. Present subsections (6) through (8) of section
   67  40.24, Florida Statutes, are redesignated as subsections (7)
   68  through (9), respectively, and a new subsection (6) is added to
   69  that section, to read:
   70         40.24 Compensation and reimbursement policy.—
   71         (6) Clerks of the circuit court are entitled to
   72  reimbursement from the state for jury-related costs, including
   73  juror compensation and personnel and operational costs of the
   74  clerk directly related to jury management.
   75         Section 5. Section 40.29, Florida Statutes, is amended to
   76  read:
   77         40.29 Payment of due-process costs.—
   78         (1) Each clerk of the circuit court:,
   79         (a) On behalf of the state attorney, private court
   80  appointed counsel, the public defender, and the criminal
   81  conflict and civil regional counsel, shall forward to the
   82  Justice Administrative Commission, by county, a quarterly
   83  estimate of funds necessary to pay for ordinary witnesses,
   84  including, but not limited to, witnesses in civil traffic cases
   85  and witnesses of the state attorney, the public defender,
   86  criminal conflict and civil regional counsel, private court
   87  appointed counsel, and persons determined to be indigent for
   88  costs. Each quarter of the state fiscal year, the commission,
   89  based upon the estimates, shall advance funds to each clerk to
   90  pay for these ordinary witnesses from state funds specifically
   91  appropriated for the payment of ordinary witnesses.
   92         (b)Shall forward a quarterly estimate of funds necessary
   93  to pay jury-related costs, by county, to the Florida Clerks of
   94  Court Operations Corporation.
   95         (2) Upon receipt of an estimate pursuant to subsection (1),
   96  the Justice Administrative Commission or the Florida Clerks of
   97  Court Operations Corporation, as applicable, shall endorse the
   98  amount deemed necessary for payment by the clerk of the court
   99  during the quarterly fiscal period and shall submit a request
  100  for payment to the Chief Financial Officer.
  101         (3) Upon receipt of the funds from the Chief Financial
  102  Officer, the clerk of the court shall pay all invoices approved
  103  and submitted by the state attorney, the public defender, the
  104  clerk of the court, criminal conflict and civil regional
  105  counsel, and private court-appointed counsel for the items
  106  enumerated in subsection (1).
  107         (4) After review for compliance with applicable rates and
  108  requirements, the Justice Administrative Commission or the
  109  Florida Clerks of Court Operations Corporation, as applicable,
  110  shall pay all invoices related to due process services and
  111  juries service related invoices, except those enumerated in
  112  subsection (1), approved and submitted by the state attorney,
  113  the public defender, the clerk of the court, criminal conflict
  114  and civil regional counsel, or private court-appointed counsel
  115  in accordance with the applicable requirements of ss. 29.005,
  116  29.006, and 29.007.
  117         Section 6. Section 40.31, Florida Statutes, is amended to
  118  read:
  119         40.31 Apportionment of appropriations Justice
  120  Administrative Commission may apportion appropriation.—
  121         (1) If the Justice Administrative Commission has reason to
  122  believe that the amount appropriated by the Legislature is
  123  insufficient to meet the expenses of witnesses during the
  124  remaining part of the state fiscal year, the commission may
  125  apportion the money in the treasury for that purpose among the
  126  several counties, basing such apportionment upon the amount
  127  expended for the payment of witnesses in each county during the
  128  prior fiscal year. In such case, each county shall be paid by
  129  warrant, issued by the Chief Financial Officer, only the amount
  130  so apportioned to each county, and, when the amount so
  131  apportioned is insufficient to pay in full all the witnesses
  132  during a quarterly fiscal period, the clerk of the court shall
  133  apportion the money received pro rata among the witnesses
  134  entitled to pay and shall give to each witness a certificate of
  135  the amount of compensation still due, which certificate shall be
  136  held by the commission as other demands against the state.
  137         (2) If the Florida Clerks of Court Operations Corporation
  138  has reason to believe that the amount appropriated by the
  139  Legislature is insufficient to meet jury-related costs during
  140  the remaining part of the state fiscal year, the corporation may
  141  apportion the money in the treasury for that purpose among the
  142  several counties, basing such apportionment upon the amount
  143  expended for jury-related costs in each county during the prior
  144  fiscal year. In such case, each county shall be paid by warrant,
  145  issued by the Chief Financial Officer, only the amount so
  146  apportioned to each county. When the amount so apportioned is
  147  insufficient to pay in full all jury-related costs during a
  148  quarterly fiscal period, the clerk of the court shall pay jurors
  149  entitled to pay before reimbursing any other jury-related costs.
  150  If the amount so apportioned is insufficient to pay in full all
  151  jurors during a quarterly fiscal period, the clerk of the court
  152  shall apportion the money received pro rata among the jurors
  153  entitled to pay and shall give to each juror a certificate of
  154  the amount of compensation still due, which certificate shall be
  155  held by the Florida Clerks of Court Operations Corporation as
  156  other demands against the state.
  157         Section 7. Section 40.32, Florida Statutes, is amended to
  158  read:
  159         40.32 Clerks to disburse money; payments to jurors and
  160  witnesses.—
  161         (1) All moneys drawn from the treasury under the provisions
  162  of this chapter by the clerk of the court shall be disbursed by
  163  the clerk of the court as far as needed in payment of jurors and
  164  witnesses, except for expert witnesses paid under a contract or
  165  other professional services agreement pursuant to ss. 29.004,
  166  29.005, 29.006, and 29.007, for the legal compensation for
  167  service during the quarterly fiscal period for which the moneys
  168  were drawn and for no other purposes.
  169         (2) The payment of jurors and the payment of expenses for
  170  meals and lodging for jurors under the provisions of this
  171  chapter are court-related functions that the clerk of the court
  172  shall fund from filing fees, service charges, court costs, and
  173  fines as part of the maximum annual budget under ss. 28.35 and
  174  28.36.
  175         (2)(3) Jurors and witnesses shall be paid by the clerk of
  176  the court in cash, by check, or by warrant within 20 days after
  177  completion of jury service or completion of service as a
  178  witness.
  179         (a) If the clerk of the court pays a juror or witness by
  180  cash, the juror or witness shall sign the payroll in the
  181  presence of the clerk, a deputy clerk, or some other person
  182  designated by the clerk.
  183         (b) If the clerk pays a juror or witness by warrant, he or
  184  she shall endorse on the payroll opposite the juror’s or
  185  witness’s name the words “Paid by warrant,” giving the number
  186  and date of the warrant.
  187         Section 8. Section 40.33, Florida Statutes, is amended to
  188  read:
  189         40.33 Deficiency.—If the funds required for payment of the
  190  items enumerated in s. 40.29(1) in any county during a quarterly
  191  fiscal period exceeds the amount of the funds provided pursuant
  192  to s. 40.29(3), the state attorney, public defender, clerk of
  193  the circuit court, or criminal conflict and civil regional
  194  counsel, as applicable, shall make a further request upon the
  195  Justice Administrative Commission or the Florida Clerks of Court
  196  Operations Corporation, as applicable, for the items enumerated
  197  in s. 40.29(1) for the amount necessary to allow for full
  198  payment.
  199         Section 9. Section 40.34, Florida Statutes, is amended to
  200  read:
  201         40.34 Clerks to make triplicate payroll.—
  202         (1) The clerk of the court shall make out a payroll in
  203  triplicate for the payment of jurors and witnesses, which
  204  payroll shall contain:
  205         (a) The name of each juror and witness entitled to be paid
  206  with state funds;
  207         (b) The number of days for which the jurors and witnesses
  208  are entitled to be paid;
  209         (c) The number of miles traveled by each; and
  210         (d) The total compensation each juror and witness is
  211  entitled to receive.
  212         (2) The form of such payroll shall be prescribed by the
  213  Chief Financial Officer.
  214         (3) Compensation paid a juror or witness shall be attested
  215  as provided in s. 40.32. The payroll shall be approved by the
  216  signature of the clerk, or his or her deputy, except for the
  217  payroll as to witnesses appearing before the state attorney,
  218  which payroll shall be approved by the signature of the state
  219  attorney or an assistant state attorney.
  220         (4) The clerks of the courts shall forward two copies of
  221  such payrolls:
  222         (a) Related to witnesses to the Justice Administrative
  223  Commission, within 2 weeks after the last day of the quarterly
  224  fiscal period, and the commission shall audit such payrolls.
  225         (b) Related to jurors to the Florida Clerks of Court
  226  Operations Corporation, within 2 weeks after the last day of the
  227  quarterly fiscal period, and the corporation shall audit such
  228  payrolls.
  229  
  230  ================= T I T L E  A M E N D M E N T ================
  231  And the title is amended as follows:
  232         Delete lines 7 - 31
  233  and insert:
  234         F.S.; expanding the list of duties of the Florida
  235         Clerks of Court Operations Corporation; revising the
  236         list of court-related functions that clerks may fund
  237         from filing fees, service charges, costs, and fines;
  238         amending s. 28.37, F.S.; removing an obsolete date;
  239         redirecting transfer of specified excess funds from
  240         the General Revenue Fund to the Clerks of the Court
  241         Trust Fund if certain future-year revenue deficits are
  242         estimated; restricting excess fund transfers to costs
  243         submitted for the previous county fiscal year;
  244         amending s. 40.24, F.S.; authorizing the clerk to seek
  245         reimbursement for jury-related costs from the state;
  246         amending s. 40.29, F.S.; requiring the clerk to
  247         forward quarterly estimates on jury-related costs to
  248         the Florida Clerks of Court Operations Corporation;
  249         revising procedures governing the payment of due
  250         process costs; amending s. 40.31, F.S.; authorizing
  251         the Florida Clerks of Court Operations Corporation to
  252         apportion appropriations for jury-related costs if
  253         certain conditions are met; amending s. 40.32, F.S.;
  254         removing a provision regarding funding of jury-related
  255         costs to conform to changes made by the act; amending
  256         s. 40.33, F.S.; authorizing the clerk to request the
  257         Florida Clerks of Court Operations Corporation for
  258         additional funds to pay due-process costs in the event
  259         of a deficiency; amending s. 40.34, F.S.; requiring
  260         the clerk to provide for payroll in triplicate for the
  261         payment of jurors; requiring the clerk to forward
  262         juror payrolls to the Florida Clerks of Courts
  263         Operations Corporation; requiring the corporation to
  264         audit such payrolls; amending s. 318.18, F.S.;