The Florida Senate

29.001  Intent; state courts system essential elements and definitions; funding through filing fees, service charges, and costs; county responsibilities.--

(1)  It is the intent of the Legislature that, for the purpose of implementing s. 14, Art. V of the State Constitution, the state courts system be defined to include the essential elements of the Supreme Court, district courts of appeal, circuit courts, county courts, and essential supports thereto. Similarly, the offices of public defenders and state attorneys shall include those essential elements as determined by general law. Further, the state attorneys' offices are defined to include the essential elements of the 20 state attorneys' offices and the public defenders' offices are defined to include the essential elements of the 20 public defenders' offices. Court-appointed counsel are defined as counsel appointed to ensure due process in criminal and civil proceedings in accordance with state and federal constitutional guarantees.

(2)  All funding for the court-related functions of the offices of the clerks of the circuit and county courts shall be provided by adequate and appropriate filing fees for judicial proceedings and service charges and costs for performing court-related functions.

(3)  Pursuant to general law, counties shall be required to fund the cost of communications services, existing radio systems, existing multiagency criminal justice information systems, and the cost of construction or lease, maintenance, utilities, and security of facilities for the circuit courts and county courts, public defenders' offices, state attorneys' offices, and the offices of the clerks of the circuit and county courts, as defined by general law. In addition, the counties will continue to fund existing elements of the state courts system, state attorneys' offices, public defenders' offices, court-appointed counsel, and the offices of the clerks of the circuit and county courts performing court-related functions, consistent with current law and practice, until such time as the Legislature expressly assumes the responsibility for funding those elements. Counties will fund the cost of criminal cases filed by the Office of Statewide Prosecution. Additionally, the Legislature will define by general law those local requirements of the state courts system for which the counties must pay reasonable and necessary salaries, costs, and expenses.

(4)  Although a program or function currently may be funded by the state or prescribed or established in general law, this does not designate the program or function as an essential element of the state courts system, state attorneys' offices, public defenders' offices, or the offices of the circuit and county court clerks performing court-related functions as described in s. 14, Art. V of the State Constitution.

History.--s. 1, ch. 2000-237.