Florida Senate - 2018                        COMMITTEE AMENDMENT
       Bill No. PCS (535720) for CS for SB 1396
       
       
       
       
       
       
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                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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       The Committee on Appropriations (Steube) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 80 and 81
    4  insert:
    5         Section 1. Subsection (1) of section 29.008, Florida
    6  Statutes, is amended to read:
    7         29.008 County funding of court-related functions.—
    8         (1) Counties are required by s. 14, Art. V of the State
    9  Constitution to fund the cost of communications services,
   10  existing radio systems, existing multiagency criminal justice
   11  information systems, and the cost of construction or lease,
   12  maintenance, utilities, and security of facilities for the
   13  circuit and county courts, public defenders’ offices, state
   14  attorneys’ offices, guardian ad litem offices, and the offices
   15  of the clerks of the circuit and county courts performing court
   16  related functions. For purposes of this section, the term
   17  “circuit and county courts” includes the offices and staffing of
   18  the guardian ad litem programs, and the term “public defenders’
   19  offices” includes the offices of criminal conflict and civil
   20  regional counsel. The county designated under s. 35.05(1) as the
   21  headquarters for each appellate district shall fund these costs
   22  for the appellate division of the public defender’s office in
   23  that county. For purposes of implementing these requirements,
   24  the term:
   25         (a) “Facility” means reasonable and necessary buildings and
   26  office space and appurtenant equipment and furnishings,
   27  structures, real estate, easements, and related interests in
   28  real estate, including, but not limited to, those for the
   29  purpose of housing legal materials for use by the general public
   30  and personnel, equipment, or functions of the circuit or county
   31  courts, public defenders’ offices, state attorneys’ offices, and
   32  court-related functions of the office of the clerks of the
   33  circuit and county courts and all storage. The term “facility”
   34  includes all wiring necessary for court reporting services. The
   35  term also includes access to parking for such facilities in
   36  connection with such court-related functions that may be
   37  available free or from a private provider or a local government
   38  for a fee. The office space provided by a county may not be less
   39  than the standards for space allotment adopted by the Department
   40  of Management Services, except this requirement applies only to
   41  facilities that are leased, or on which construction commences,
   42  after June 30, 2003. County funding must include physical
   43  modifications and improvements to all facilities as are required
   44  for compliance with the Americans with Disabilities Act. Upon
   45  mutual agreement of a county and the affected entity in this
   46  paragraph, the office space provided by the county may vary from
   47  the standards for space allotment adopted by the Department of
   48  Management Services.
   49         1. As of July 1, 2005, equipment and furnishings shall be
   50  limited to that appropriate and customary for courtrooms,
   51  hearing rooms, jury facilities, and other public areas in
   52  courthouses and any other facility occupied by the courts, state
   53  attorneys, public defenders, guardians ad litem, and criminal
   54  conflict and civil regional counsel. Court reporting equipment
   55  in these areas or facilities is not a responsibility of the
   56  county.
   57         2. Equipment and furnishings under this paragraph in
   58  existence and owned by counties on July 1, 2005, except for that
   59  in the possession of the clerks, for areas other than
   60  courtrooms, hearing rooms, jury facilities, and other public
   61  areas in courthouses and any other facility occupied by the
   62  courts, state attorneys, and public defenders, shall be
   63  transferred to the state at no charge. This provision does not
   64  apply to any communications services as defined in paragraph
   65  (f).
   66         (b) “Construction or lease” includes, but is not limited
   67  to, all reasonable and necessary costs of the acquisition or
   68  lease of facilities for all judicial officers, staff, jurors,
   69  volunteers of a tenant agency, and the public for the circuit
   70  and county courts, the public defenders’ offices, state
   71  attorneys’ offices, and for performing the court-related
   72  functions of the offices of the clerks of the circuit and county
   73  courts. This includes expenses related to financing such
   74  facilities and the existing and future cost and bonded
   75  indebtedness associated with placing the facilities in use.
   76         (c) “Maintenance” includes, but is not limited to, all
   77  reasonable and necessary costs of custodial and groundskeeping
   78  services and renovation and reconstruction as needed to
   79  accommodate functions for the circuit and county courts, the
   80  public defenders’ offices, and state attorneys’ offices and for
   81  performing the court-related functions of the offices of the
   82  clerks of the circuit and county court and for maintaining the
   83  facilities in a condition appropriate and safe for the use
   84  intended.
   85         (d) “Utilities” means all electricity services for light,
   86  heat, and power; natural or manufactured gas services for light,
   87  heat, and power; water and wastewater services and systems,
   88  stormwater or runoff services and systems, sewer services and
   89  systems, all costs or fees associated with these services and
   90  systems, and any costs or fees associated with the mitigation of
   91  environmental impacts directly related to the facility.
   92         (e) “Security” includes but is not limited to, all
   93  reasonable and necessary costs of services of law enforcement
   94  officers or licensed security guards and all electronic,
   95  cellular, or digital monitoring and screening devices necessary
   96  to ensure the safety and security of all persons visiting or
   97  working in a facility; to provide for security of the facility,
   98  including protection of property owned by the county or the
   99  state; and for security of prisoners brought to any facility.
  100  This includes bailiffs while providing courtroom and other
  101  security for each judge and other quasi-judicial officers.
  102         (f) “Communications services” are defined as any reasonable
  103  and necessary transmission, emission, and reception of signs,
  104  signals, writings, images, and sounds of intelligence of any
  105  nature by wire, radio, optical, audio equipment, or other
  106  electromagnetic systems and includes all facilities and
  107  equipment owned, leased, or used by judges, clerks, public
  108  defenders, state attorneys, guardians ad litem, criminal
  109  conflict and civil regional counsel, and all staff of the state
  110  courts system, state attorneys’ offices, public defenders’
  111  offices, and clerks of the circuit and county courts performing
  112  court-related functions. Such system or services shall include,
  113  but not be limited to:
  114         1. Telephone system infrastructure, including computer
  115  lines, telephone switching equipment, and maintenance, and
  116  facsimile equipment, wireless communications, cellular
  117  telephones, pagers, and video teleconferencing equipment and
  118  line charges. Each county shall continue to provide access to a
  119  local carrier for local and long distance service and shall pay
  120  toll charges for local and long distance service.
  121         2. All computer networks, systems and equipment, including
  122  computer hardware and software, modems, printers, wiring,
  123  network connections, maintenance, support staff or services
  124  including any county-funded support staff located in the offices
  125  of the circuit court, county courts, state attorneys, public
  126  defenders, guardians ad litem, and criminal conflict and civil
  127  regional counsel; training, supplies, and line charges necessary
  128  for an integrated computer system to support the operations and
  129  management of the state courts system, the offices of the public
  130  defenders, the offices of the state attorneys, the guardian ad
  131  litem offices, the offices of criminal conflict and civil
  132  regional counsel, and the offices of the clerks of the circuit
  133  and county courts; and the capability to connect those entities
  134  and reporting data to the state as required for the transmission
  135  of revenue, performance accountability, case management, data
  136  collection, budgeting, and auditing purposes. The integrated
  137  computer system shall be operational by July 1, 2006, and, at a
  138  minimum, permit the exchange of financial, performance
  139  accountability, case management, case disposition, and other
  140  data across multiple state and county information systems
  141  involving multiple users at both the state level and within each
  142  judicial circuit and be able to electronically exchange judicial
  143  case background data, sentencing scoresheets, and video evidence
  144  information stored in integrated case management systems over
  145  secure networks. Once the integrated system becomes operational,
  146  counties may reject requests to purchase communications services
  147  included in this subparagraph not in compliance with standards,
  148  protocols, or processes adopted by the board established
  149  pursuant to former s. 29.0086.
  150         3. Courier messenger and subpoena services.
  151         4. Auxiliary aids and services for qualified individuals
  152  with a disability which are necessary to ensure access to the
  153  courts. Such auxiliary aids and services include, but are not
  154  limited to, sign language interpretation services required under
  155  the federal Americans with Disabilities Act other than services
  156  required to satisfy due-process requirements and identified as a
  157  state funding responsibility pursuant to ss. 29.004, 29.005,
  158  29.006, and 29.007, real-time transcription services for
  159  individuals who are hearing impaired, and assistive listening
  160  devices and the equipment necessary to implement such
  161  accommodations.
  162         (g) “Existing radio systems” includes, but is not limited
  163  to, law enforcement radio systems that are used by the circuit
  164  and county courts, the offices of the public defenders, the
  165  offices of the state attorneys, and for court-related functions
  166  of the offices of the clerks of the circuit and county courts.
  167  This includes radio systems that were operational or under
  168  contract at the time Revision No. 7, 1998, to Art. V of the
  169  State Constitution was adopted and any enhancements made
  170  thereafter, the maintenance of those systems, and the personnel
  171  and supplies necessary for operation.
  172         (h) “Existing multiagency criminal justice information
  173  systems” includes, but is not limited to, those components of
  174  the multiagency criminal justice information system as defined
  175  in s. 943.045, supporting the offices of the circuit or county
  176  courts, the public defenders’ offices, the state attorneys’
  177  offices, or those portions of the offices of the clerks of the
  178  circuit and county courts performing court-related functions
  179  that are used to carry out the court-related activities of those
  180  entities. This includes upgrades and maintenance of the current
  181  equipment, maintenance and upgrades of supporting technology
  182  infrastructure and associated staff, and services and expenses
  183  to assure continued information sharing and reporting of
  184  information to the state. The counties shall also provide
  185  additional information technology services, hardware, and
  186  software as needed for new judges and staff of the state courts
  187  system, state attorneys’ offices, public defenders’ offices,
  188  guardian ad litem offices, and the offices of the clerks of the
  189  circuit and county courts performing court-related functions.
  190  
  191  This subsection applies only to matters relating to court
  192  funding and may not be construed to enhance, limit, or define
  193  the authority of any court.
  194  
  195  ================= T I T L E  A M E N D M E N T ================
  196  And the title is amended as follows:
  197         Delete line 23
  198  and insert:
  199         Circuit Court; amending s. 29.008, F.S.; providing
  200         applicability and construction; amending s. 34.01,
  201         F.S.; increasing the