Florida Senate - 2020 SB 590
By Senator Hooper
16-00648B-20 2020590__
1 A bill to be entitled
2 An act relating to clerks of the court; amending s.
3 40.29, F.S.; deleting a requirement that the Justice
4 Administrative Commission provide funds to the clerks
5 of the court to compensate jurors and pay for certain
6 expenses and certain jury-related personnel costs;
7 amending s. 213.131, F.S.; providing the purpose of
8 the Clerks of the Court Trust Fund within the
9 Department of Revenue; requiring the distribution of
10 certain funds to cover projected revenue deficits;
11 requiring the Florida Clerks of Court Operations
12 Corporation to conduct an end-of-year reconciliation
13 of certain funds to ensure that the clerks of the
14 court receive approved budget amounts; requiring the
15 department to deposit certain funds into the trust
16 fund for purposes of compensating jurors and paying
17 certain expenses and certain jury-related personnel
18 costs; providing requirements relating to such
19 reimbursement; specifying that the clerks of the court
20 are responsible for any such costs that exceed the
21 amount appropriated by the Legislature; providing an
22 effective date.
23
24 Be It Enacted by the Legislature of the State of Florida:
25
26 Section 1. Subsection (5) of section 40.29, Florida
27 Statutes, is amended to read:
28 40.29 Payment of due-process costs.—
29 (5) The Justice Administrative Commission shall provide
30 funds to the clerks of the court to compensate jurors, to pay
31 for meals or lodging provided to jurors, and to pay for jury
32 related personnel costs as provided in this section. Each clerk
33 of the court shall forward to the Justice Administrative
34 Commission a quarterly estimate of funds necessary to compensate
35 jurors and pay for meals or lodging provided to jurors during
36 the upcoming quarter. The Florida Clerks of Court Operations
37 Corporation shall forward to the Justice Administrative
38 Commission a quarterly estimate of the amount necessary to
39 reimburse each clerk of the court for its personnel and other
40 costs related to jury management. Upon receipt of such
41 estimates, the Justice Administrative Commission shall determine
42 the amount deemed necessary for payment to the clerks of the
43 court during the upcoming quarter and submit a request for
44 payment to the Chief Financial Officer. If the Justice
45 Administrative Commission believes that the amount appropriated
46 by the Legislature is insufficient to meet such costs during the
47 remaining part of the state fiscal year, the commission may
48 apportion the funds appropriated in the General Appropriations
49 Act for those purposes among the several counties, basing the
50 apportionment upon the amount expended for such purposes in each
51 county during the prior fiscal year, in which case, the Chief
52 Financial Officer shall issue the appropriate apportioned amount
53 by warrant to each county. The clerks of the court are
54 responsible for any compensation to jurors, for payments for
55 meals or lodging provided to jurors, and for jury-related
56 personnel costs that exceed the funding provided in the General
57 Appropriations Act for these purposes.
58 Section 2. Section 213.131, Florida Statutes, is amended to
59 read:
60 213.131 Clerks of the Court Trust Fund within the
61 Department of Revenue.—
62 (1) The Clerks of the Court Trust Fund is created within
63 the Department of Revenue.
64 (2) The trust fund is established as a depository for the
65 portion of all fines, fees, service charges, and costs collected
66 monthly by the clerks of the court which is in excess of one
67 twelfth of the clerks’ total budget. Other funds that may be
68 deposited in the trust fund include revenues designated for that
69 purpose by law, funds appropriated by the Legislature, and
70 grants from public or private entities, pursuant to s. 28.36.
71 (3) Funds collected monthly that exceed one-twelfth of the
72 clerks’ total budget must be used for the purpose of providing
73 funds to clerks of the court with projected revenue deficits.
74 (4) From the funds collected in excess of one-twelfth of
75 the clerks’ total budget and deposited into the trust fund, the
76 Florida Clerks of Court Operations Corporation shall conduct an
77 end-of-year reconciliation to ensure that clerks receive their
78 approved budget amounts established under s. 28.35.
79 (5) The Department of Revenue shall deposit in the trust
80 fund funds appropriated to the clerks of the court in the
81 General Appropriations Act for the purpose of compensating
82 jurors, paying for meals and lodging provided to jurors, and
83 paying for jury-related personnel and operational costs as
84 provided in that act. Each clerk of the court shall submit a
85 request for reimbursement to the Florida Clerks of Court
86 Operations Corporation within 30 days after each quarter
87 attesting to the clerk’s actual costs to compensate jurors, to
88 pay for meals and lodging provided to jurors, and to pay for
89 jury-related personnel and operational costs. The Florida Clerks
90 of Court Operations Corporation shall review the request for
91 reimbursement to ensure that the costs are reasonable and
92 directly related to jury management and shall forward to the
93 Department of Revenue the amount necessary to reimburse each
94 clerk of the court. The clerks of the court are responsible for
95 any compensation to jurors, for payments for meals or lodging
96 provided to jurors, and for jury-related personnel and
97 operational costs that exceed the funding provided in the
98 General Appropriations Act for these purposes.
99 Section 3. This act shall take effect July 1, 2020.