Florida Senate - 2017                                     SB 748
       
       
        
       By Senator Steube
       
       23-00978-17                                            2017748__
    1                        A bill to be entitled                      
    2         An act relating to the Florida Court Educational
    3         Council; amending s. 25.384, F.S.; specifying that the
    4         Court Education Trust Fund shall be administered by
    5         the Florida Court Educational Council; providing
    6         requirements for a certain comprehensive plan that
    7         provides for related education costs for judicial
    8         training programs; deleting a provision requiring the
    9         council to provide an annual report; amending s.
   10         25.385, F.S.; specifying the membership, voting
   11         procedures, and duties of the council; specifying the
   12         location of the council headquarters; requiring the
   13         council to submit an annual report; providing for
   14         nonseverability; providing an effective date.
   15          
   16  Be It Enacted by the Legislature of the State of Florida:
   17  
   18         Section 1. Subsections (1), (2), and (4) of section 25.384,
   19  Florida Statutes, are amended to read:
   20         25.384 Court Education Trust Fund.—
   21         (1) There is created a Court Education Trust Fund to be
   22  administered by the Supreme Court through the Florida Court
   23  Educational Council as set forth in s. 25.385.
   24         (2)(a) The Florida Court Educational Council shall adopt a
   25  comprehensive plan for the operation of the Court Education
   26  Trust Fund and the expenditure of the moneys deposited in the
   27  trust fund.
   28         (b)The plan shall provide for travel, per diem, tuition,
   29  educational materials, and other related costs incurred for in
   30  state and out-of-state education and training programs for
   31  judges and other court personnel to benefit the judiciary of the
   32  state. Such The trust fund moneys shall be used to provide
   33  education and training programs shall be for judges and other
   34  court personnel as defined and determined by the Florida Court
   35  Educational council as set forth in s. 25.385.
   36         (b)The Supreme Court, through its Florida Court
   37  Educational Council, shall adopt a comprehensive plan for the
   38  operation of the trust fund and the expenditure of the moneys
   39  deposited in the trust fund. The plan shall provide for travel,
   40  per diem, tuition, educational materials, and other related
   41  costs incurred for educational programs, in and out of state,
   42  which will be of benefit to the judiciary of the state.
   43         (4)The Supreme Court, through the Florida Court
   44  Educational Council, shall submit a report each year, on October
   45  1, to the President of the Senate and the Speaker of the House
   46  of Representatives, which report shall include the total number
   47  of judges and other court personnel attending each training or
   48  educational program, the educational program attended and the
   49  location of the program, and the costs incurred. In addition,
   50  the report shall identify the judges and other court personnel
   51  attending out-of-state programs and the costs associated with
   52  such programs. The report shall also show the total dollars
   53  deposited in the fund for the fiscal year and the balance at the
   54  end of the fiscal year.
   55         Section 2. Section 25.385, Florida Statutes, is amended to
   56  read:
   57         25.385 Florida Court Educational Council; composition;
   58  duties; reports standards for instruction of circuit and county
   59  court judges in handling domestic violence cases.—
   60         (1)(a)The Florida Court Educational Council shall consist
   61  of the chief judge of each district court of appeal and the
   62  chief judge of each judicial circuit. The council shall elect a
   63  chair from its membership for a 1-year term to preside at all
   64  council meetings. The council shall also elect other officers
   65  from its membership as it deems necessary.
   66         (b)A majority of the council members shall constitute a
   67  quorum, and the affirmative vote of a majority of the members
   68  present shall be necessary for any action to be taken by the
   69  council.
   70         (c)The administrative duties of the council include:
   71         1.Adopting guidelines on permissible administrative
   72  expenses, which may not exceed 15 percent of the funds deposited
   73  into the previous fiscal year’s Court Education Trust Fund.
   74         2.Adopting policies and guidelines related to the
   75  selection of education and training programs, approval of
   76  courses for such programs, and selection of participants. The
   77  council shall also develop and fund appropriate education and
   78  training programs for new trial judges, appellate judges, child
   79  support hearing officers, and magistrates.
   80         3.Adopting reporting formats.
   81         4.Supervising council employs. However, the council may
   82  not employ more than three full-time employees.
   83         (d)The council and its employees shall be headquartered in
   84  the ninth circuit.
   85         (2)(a)(1) The Florida Court Educational council shall
   86  establish standards for instruction of circuit and county court
   87  judges who have responsibility for domestic violence cases, and
   88  the council shall provide such instruction on a periodic and
   89  timely basis.
   90         (b)(2) As used in this subsection, section:
   91         (a) the term “domestic violence” has the meaning set forth
   92  in s. 741.28.
   93         (b)“Family or household member” has the meaning set forth
   94  in s. 741.28.
   95         (3)The council shall submit a report each year, on October
   96  1, to the President of the Senate and the Speaker of the House
   97  of Representatives that includes the total number of judges and
   98  other court personnel attending each in-state training or
   99  educational program, the training or educational program
  100  attended and the location of the program, and the costs
  101  incurred. The report shall also identify the judges and other
  102  court personnel attending out-of-state training or educational
  103  programs and the costs associated with such programs. The report
  104  shall identify the total dollars deposited into the trust fund
  105  for the fiscal year and the balance in the trust fund at the end
  106  of the fiscal year.
  107         Section 3. If any provision contained in sections 1 or 2 of
  108  this act is declared invalid for any reason, then sections 1 and
  109  2 of this act shall be declared invalid and fees may not be
  110  assessed pursuant to ss. 28.2401(3) and 28.241(1). The remaining
  111  unencumbered funds in the Court Education Trust Fund shall
  112  revert to the General Revenue Fund and the trust fund shall be
  113  terminated.
  114         Section 4. This act shall take effect July 1, 2017.