The Florida Senate

29.001  State courts system elements and definitions.

29.002  Basis for funding.

29.003  Phase-in schedule.

29.004  State courts system.

29.005  State attorneys' offices and prosecution expenses.

29.006  Public defenders and indigent defense costs.

29.007  Court-appointed counsel.

29.008  County funding of court-related functions.

29.0085  Annual statement of certain revenues and expenditures.

29.0086  Article V Technology Board.

29.009  Contingency fund.

29.0095  Budget expenditure reports.

29.011  Pilot projects; conflict attorneys.

29.012  Construction.

29.014  Article V Indigent Services Advisory Board.

29.015  Contingency fund; limitation of authority to transfer funds in contracted due process services appropriation categories.

29.016  Contingency fund; judicial branch.

29.017  Pending proceedings; applicability of ch. 2003-402.

29.018  Cost sharing of due process costs; legislative intent.

29.019  Billings rendered for pre-July 1, 2004, services.

29.21  Department of Management Services to provide assistance in procuring services.

29.001  State courts system elements and definitions.--

(1)  For the purpose of implementing s. 14, Art. V of the State Constitution, the state courts system is defined to include the enumerated elements of the Supreme Court, district courts of appeal, circuit courts, county courts, and certain supports thereto. The offices of public defenders and state attorneys are defined to include the enumerated elements of the 20 state attorneys' offices and the enumerated elements of the 20 public defenders' offices. Court-appointed counsel are defined to include the enumerated elements for counsel appointed to ensure due process in criminal and civil proceedings in accordance with state and federal constitutional guarantees. Funding for the state courts system, the state attorneys' offices, the public defenders' offices, and court-appointed counsel shall be provided from state revenues appropriated by general law.

(2)  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 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; s. 39, ch. 2003-402.

¹29.002  Basis for funding.--

(1)  The Legislature's appropriation of funding in the General Appropriations Act for appropriate salaries, costs, and expenses pursuant to s. 14, Art. V of the State Constitution shall be based upon reliable and auditable data substantiating the revenues and expenditures associated with each essential element.

(2)  Court costs, fines, and other dispositional assessments shall be imposed and enforced by the courts, collected by the clerks of the circuit and county courts, and may be directed to the state in accordance with authorizations and procedures as determined by general law.

(3)  Waiver of fees and costs for indigents in criminal or civil actions and requests for reductions in fees and costs and for a court-appointed attorney shall be determined through procedures established pursuant to general law. Similarly, requests for reductions in fees and costs and for a court-appointed attorney shall occur after examination, pursuant to general law.

History.--s. 2, ch. 2000-237; s. 153, ch. 2003-402.

¹Note.--Repealed July 1, 2004, by s. 153, ch. 2003-402.

¹29.003  Phase-in schedule.--

(1)  During fiscal years 2000-2001 and 2001-2002, the Legislature shall:

(a)  Review the state courts system to determine those elements appropriate to receive state funding and, based on the availability of accurate data, determine the most appropriate means for funding such elements and provide direction regarding budgeting for the state courts system.

(b)  Review selected salaries, costs, and expenses of the state courts system which may be funded from appropriate filing fees for judicial proceedings and service charges and costs.

(2)  Prior to or during fiscal years 2001-2002 and 2002-2003, the Legislature shall review the offices of the state attorneys and public defenders and the use of civil indigency counsel and conflict counsel to determine those elements appropriate to receive state funding and, based on the availability of accurate data, determine the most appropriate means for funding such elements and provide direction regarding budgeting for the state attorneys' offices, public defenders' offices, and court-appointed counsel.

(3)  Prior to or during fiscal years 2002-2003 and 2003-2004, the Legislature shall review the offices of the clerks of the circuit and county courts to define court-related functions. If there is accurate data on court-related functions and costs, the Legislature may determine the appropriate levels of filing fees, service charges, and court costs to fund those functions.

(4)  During fiscal years 2000-2001 and 2001-2002, the Legislature shall review current law with regard to authorizations for court costs, fines, and other dispositional assessments and redirect appropriate revenues to the state.

(5)  On or before July 1, 2004, the Legislature will fully effectuate the requirements of s. 25, Art. XII of the State Constitution. Prior to July 1, 2004, the counties are financially obligated to 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 such 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.

(6)  Pursuant to s. 14, Art. V, and s. 25, Art. XII of the State Constitution, commencing in fiscal year 2000-2001, the Legislature will appropriate funds:

(a)  To create a contingency fund to assist small counties with extraordinary case-related costs in criminal cases.

(b)  For pilot projects in at least three counties to cover reasonable and necessary conflict attorneys.

History.--s. 3, ch. 2000-237; s. 153, ch. 2003-402.

¹Note.--Repealed July 1, 2004, by s. 153, ch. 2003-402.

29.004  State courts system.--For purposes of implementing s. 14, Art. V of the State Constitution, the elements of the state courts system to be provided from state revenues appropriated by general law are as follows:

(1)  Judges appointed or elected pursuant to chapters 25, 26, 34, and 35.

(2)  Juror compensation and expenses.

(3)  Reasonable court reporting and transcription services necessary to meet constitutional requirements.

(4)  Construction or lease of facilities, maintenance, utilities, and security for the district courts of appeal and the Supreme Court.

(5)  Court foreign language and sign-language interpreters and translators essential to comply with constitutional requirements.

(6)  Expert witnesses not requested by any party which are appointed by the court pursuant to an express grant of statutory authority.

(7)  Judicial assistants, law clerks, and resource materials.

(8)  General magistrates, special magistrates, and hearing officers.

(9)  Court administration.

(10)  Case management. Case management includes:

(a)  Initial review and evaluation of cases, including assignment of cases to court divisions or dockets.

(b)  Case monitoring, tracking, and coordination.

(c)  Scheduling of judicial events.

(d)  Service referral, coordination, monitoring, and tracking for treatment-based drug court programs under s. 397.334.

Case management may not include costs associated with the application of therapeutic jurisprudence principles by the courts. Case management also may not include case intake and records management conducted by the clerk of court.

(11)  Mediation and arbitration, limited to trial court referral of a pending judicial case to a mediator or a court-related mediation program, or to an arbitrator or a court-related arbitration program, for the limited purpose of encouraging and assisting the litigants in partially or completely settling the case prior to adjudication on the merits by the court. This does not include citizen dispute settlement centers under s. 44.201 and community arbitration programs under s. 985.304.

(12)  Basic legal materials reasonably accessible to the public other than a public law library. These materials may be provided in a courthouse facility or any library facility.

(13)  The Judicial Qualifications Commission.

(14)  Offices of the appellate clerks and marshals and appellate law libraries.

History.--s. 4, ch. 2000-237; s. 40, ch. 2003-402; s. 3, ch. 2004-11.

29.005  State attorneys' offices and prosecution expenses.--For purposes of implementing s. 14, Art. V of the State Constitution, the elements of the state attorneys' offices to be provided from state revenues appropriated by general law are as follows:

(1)  The state attorney of each judicial circuit and assistant state attorneys and other staff as determined by general law.

(2)  Reasonable court reporting and transcription services necessary to meet constitutional or statutory requirements, including the cost of transcribing and copying depositions of witnesses and the cost of foreign language and sign-language interpreters and translators.

(3)  Witnesses, including expert witnesses, summoned to appear for an investigation, preliminary hearing, or trial in a case when the witnesses are summoned by a state attorney, and any other expert witnesses required in a court hearing by law or whomever the state attorney deems necessary for the performance of his or her duties.

(4)  Mental health professionals appointed pursuant to s. 394.473 and required in a court hearing involving an indigent, and mental health professionals appointed pursuant to s. 916.115(2) and required in a court hearing involving an indigent.

(5)  Reasonable transportation services in the performance of constitutional and statutory responsibilities. Motor vehicles owned by the counties and provided exclusively to state attorneys as of July 1, 2003, and any additional vehicles owned by the counties and provided exclusively to state attorneys during fiscal year 2003-2004 shall be transferred by title to the state effective July 1, 2004.

(6)  Travel expenses reimbursable under s. 112.061 reasonably necessary in the performance of constitutional and statutory responsibilities.

(7)  Reasonable library and electronic legal research services, other than a public law library.

(8)  Reasonable pretrial consultation fees and costs.

History.--s. 5, ch. 2000-237; s. 41, ch. 2003-402; s. 26, ch. 2004-265.

29.006  Public defenders and indigent defense costs.--For purposes of implementing s. 14, Art. V of the State Constitution, the elements of the public defenders' offices to be provided from state revenues appropriated by general law are as follows:

(1)  The public defender of each judicial circuit and assistant public defenders and other staff as determined by general law.

(2)  Reasonable court reporting and transcription services necessary to meet constitutional or statutory requirements, including the cost of transcribing and copying depositions of witnesses and the cost of foreign language and sign-language interpreters and translators.

(3)  Witnesses, including expert witnesses, summoned to appear for an investigation, preliminary hearing, or trial in a case when the witnesses are summoned on behalf of an indigent defendant, and any other expert witnesses required in a court hearing by law or whomever the public defender deems necessary for the performance of his or her duties.

(4)  Mental health professionals appointed pursuant to s. 394.473 and required in a court hearing involving an indigent, and mental health professionals appointed pursuant to s. 916.115(2) and required in a court hearing involving an indigent.

(5)  Reasonable transportation services in the performance of constitutional and statutory responsibilities. Motor vehicles owned by counties and provided exclusively to public defenders as of July 1, 2003, and any additional vehicles owned by the counties and provided exclusively to public defenders during fiscal year 2003-2004 shall be transferred by title to the state effective July 1, 2004.

(6)  Travel expenses reimbursable under s. 112.061 reasonably necessary in the performance of constitutional and statutory responsibilities.

(7)  Reasonable library and electronic legal research services, other than a public law library.

(8)  Reasonable pretrial consultation fees and costs.

History.--s. 6, ch. 2000-237; s. 42, ch. 2003-402; s. 27, ch. 2004-265.

29.007  Court-appointed counsel.--For purposes of implementing s. 14, Art. V of the State Constitution, the elements of court-appointed counsel to be provided from state revenues appropriated by general law are as follows:

(1)  Private attorneys appointed by the court to handle cases where the defendant is indigent and cannot be represented by the public defender under ss. 27.42 and 27.53.

(2)  Private attorneys appointed by the court to represent indigents or other classes of litigants in civil proceedings requiring court-appointed counsel in accordance with state and federal constitutional guarantees and federal and state statutes.

(3)  Reasonable court reporting and transcription services necessary to meet constitutional or statutory requirements, including the cost of transcribing and copying depositions of witnesses and the cost of foreign language and sign-language interpreters and translators.

(4)  Witnesses, including expert witnesses, summoned to appear for an investigation, preliminary hearing, or trial in a case when the witnesses are summoned on behalf of an indigent, and any other expert witnesses approved by the court.

(5)  Mental health professionals appointed pursuant to s. 394.473 and required in a court hearing involving an indigent, and mental health professionals appointed pursuant to s. 916.115(2) and required in a court hearing involving an indigent.

(6)  Reasonable pretrial consultation fees and costs.

(7)  Travel expenses reimbursable under s. 112.061 reasonably necessary in the performance of constitutional and statutory responsibilities.

History.--s. 7, ch. 2000-237; s. 43, ch. 2003-402.

29.008  County funding of court-related functions.--

(1)  Counties are required by s. 14, Art. V of the State Constitution 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 and county courts, public defenders' offices, state attorneys' offices, guardian ad litem offices, and the offices of the clerks of the circuit and county courts performing court-related functions. For purposes of this section, the term "circuit and county courts" shall include the offices and staffing of the guardian ad litem programs. For purposes of implementing these requirements, the term:

(a)  "Facility" means reasonable and necessary buildings and office space and appurtenant equipment and furnishings, structures, real estate, easements, and related interests in real estate, including, but not limited to, those for the purpose of housing legal materials for use by the general public and personnel, equipment, or functions of the circuit or county courts, public defenders' offices, state attorneys' offices, and court-related functions of the office of the clerks of the circuit and county courts and all storage. The term also includes access to parking for such facilities in connection with such court-related functions that may be available free or from a private provider or a local government for a fee. The office space provided by a county may not be less than the standards for space allotment adopted by the Department of Management Services. County funding must include physical modifications and improvements to all facilities as are required for compliance with the Americans with Disabilities Act. Upon mutual agreement of a county and the affected entity in this paragraph, the office space provided by the county may vary from the standards for space allotment adopted by the Department of Management Services. This section applies only to facilities that are leased, or on which construction commences, after June 30, 2003.

1.  As of July 1, 2005, equipment and furnishings shall be limited to that appropriate and customary for courtrooms, jury facilities, and other public areas in courthouses and any other facility occupied by the courts, state attorneys, and public defenders.

2.  Equipment and furnishings under this paragraph in existence and owned by counties on July 1, 2005, except for that in the possession of the clerks, for areas other than courtrooms, jury facilities, and other public areas in courthouses and any other facility occupied by the courts, state attorneys, and public defenders, shall be transferred to the state at no charge. This provision does not apply to any communication services as defined in paragraph (f).

(b)  "Construction or lease" includes, but is not limited to, all reasonable and necessary costs of the acquisition or lease of facilities for all judicial officers, staff, jurors, volunteers of a tenant agency, and the public for the circuit and county courts, the public defenders' offices, state attorneys' offices, and for performing the court-related functions of the offices of the clerks of the circuit and county courts. This includes expenses related to financing such facilities and the existing and future cost and bonded indebtedness associated with placing the facilities in use.

(c)  "Maintenance" includes, but is not limited to, all reasonable and necessary costs of custodial and groundskeeping services and renovation and reconstruction as needed to accommodate functions for the circuit and county courts, the public defenders' offices, and state attorneys' offices and for performing the court-related functions of the offices of the clerks of the circuit and county court and for maintaining the facilities in a condition appropriate and safe for the use intended.

(d)  "Utilities" means all electricity services for light, heat, and power; natural or manufactured gas services for light, heat, and power; water and wastewater services and systems, stormwater or runoff services and systems, sewer services and systems, all costs or fees associated with these services and systems, and any costs or fees associated with the mitigation of environmental impacts directly related to the facility.

(e)  "Security" includes but is not limited to, all reasonable and necessary costs of services of law enforcement officers or licensed security guards and all electronic, cellular, or digital monitoring and screening devices necessary to ensure the safety and security of all persons visiting or working in a facility; to provide for security of the facility, including protection of property owned by the county or the state; and for security of prisoners brought to any facility. This includes bailiffs while providing courtroom and other security for each judge and other quasi-judicial officers.

(f)  "Communications services" are defined as any reasonable and necessary transmission, emission, and reception of signs, signals, writings, images, and sounds of intelligence of any nature by wire, radio, optical, or other electromagnetic systems and includes all facilities and equipment owned, leased, or used by judges, clerks, public defenders, state attorneys, and all staff of the state courts system, state attorneys' offices, public defenders' offices, and clerks of the circuit and county courts performing court-related functions. Such system or services shall include, but not be limited to:

1.  Telephone system infrastructure, including computer lines, telephone switching equipment, and maintenance, and facsimile equipment, wireless communications, cellular telephones, pagers, and video teleconferencing equipment and line charges. Each county shall continue to provide access to a local carrier for local and long distance service and shall pay toll charges for local and long distance service.

2.  All computer networks, systems and equipment, including computer hardware and software, modems, printers, wiring, network connections, maintenance, support staff or services including any county-funded support staff located in the offices of the circuit court, county courts, state attorneys, and public defenders, training, supplies, and line charges necessary for an integrated computer system to support the operations and management of the state courts system, the offices of the public defenders, the offices of the state attorneys, and the offices of the clerks of the circuit and county courts and the capability to connect those entities and reporting data to the state as required for the transmission of revenue, performance accountability, case management, data collection, budgeting, and auditing purposes. The integrated computer system shall be operational by July 1, 2006, and, at a minimum, permit the exchange of financial, performance accountability, case management, case disposition, and other data across multiple state and county information systems involving multiple users at both the state level and within each judicial circuit and be able to electronically exchange judicial case background data, sentencing scoresheets, and video evidence information stored in integrated case management systems over secure networks. Once the integrated system becomes operational, counties may reject requests to purchase communication services included in this subparagraph not in compliance with standards, protocols, or processes adopted by the board established pursuant to s. 29.0086.

3.  Courier messenger and subpoena services.

4.  Auxiliary aids and services for qualified individuals with a disability which are necessary to ensure access to the courts. Such auxiliary aids and services include, but are not limited to, sign language interpretation services required under the federal Americans with Disabilities Act other than services required to satisfy due process requirements and identified as a state funding responsibility pursuant to ss. 29.004, 29.005, 29.006, and 29.007, real-time transcription services for individuals who are hearing impaired, and assistive listening devices and the equipment necessary to implement such accommodations.

(g)  "Existing radio systems" includes, but is not limited to, law enforcement radio systems that are used by the circuit and county courts, the offices of the public defenders, the offices of the state attorneys, and for court-related functions of the offices of the clerks of the circuit and county courts. This includes radio systems that were operational or under contract at the time Revision No. 7, 1998, to Art. V of the State Constitution was adopted and any enhancements made thereafter, the maintenance of those systems, and the personnel and supplies necessary for operation.

(h)  "Existing multiagency criminal justice information systems" includes, but is not limited to, those components of the multiagency criminal justice information system as defined in s. 943.045, supporting the offices of the circuit or county courts, the public defenders' offices, the state attorneys' offices, or those portions of the offices of the clerks of the circuit and county courts performing court-related functions that are used to carry out the court-related activities of those entities. This includes upgrades and maintenance of the current equipment, maintenance and upgrades of supporting technology infrastructure and associated staff, and services and expenses to assure continued information sharing and reporting of information to the state. The counties shall also provide additional information technology services, hardware, and software as needed for new judges and staff of the state courts system, state attorneys' offices, public defenders' offices, and the offices of the clerks of the circuit and county courts performing court-related functions.

(2)  Counties shall pay reasonable and necessary salaries, costs, and expenses of the state courts system, including associated staff and expenses, to meet local requirements.

(a)  Local requirements are those specialized programs, nonjudicial staff, and other expenses associated with specialized court programs, specialized prosecution needs, specialized defense needs, or resources required of a local jurisdiction as a result of special factors or circumstances. Local requirements exist:

1.  When imposed pursuant to an express statutory directive, based on such factors as provided in paragraph (b); or

2.  When:

a.  The county has enacted an ordinance, adopted a local program, or funded activities with a financial or operational impact on the circuit or a county within the circuit; or

b.  Circumstances in a given circuit or county result in or necessitate implementation of specialized programs, the provision of nonjudicial staff and expenses to specialized court programs, special prosecution needs, specialized defense needs, or the commitment of resources to the court's jurisdiction.

(b)  Factors and circumstances resulting in the establishment of a local requirement include, but are not limited to:

1.  Geographic factors;

2.  Demographic factors;

3.  Labor market forces;

4.  The number and location of court facilities; or

5.  The volume, severity, complexity, or mix of court cases.

(c)  Local requirements under subparagraph (a)2. must be determined by the following method:

1.  The chief judge of the circuit, in conjunction with the state attorney and the public defender only on matters that impact their offices, shall identify all local requirements within the circuit or within each county in the circuit and shall identify the reasonable and necessary salaries, costs, and expenses to meet these local requirements.

2.  On or before June 1 of each year, the chief judge shall submit to the board of county commissioners a tentative budget request for local requirements for the ensuing fiscal year. The tentative budget must certify a listing of all local requirements and the reasonable and necessary salaries, costs, and expenses for each local requirement. The board of county commissioners may, by resolution, require the certification to be submitted earlier.

3.  The board of county commissioners shall thereafter treat the certification in accordance with the county's budgetary procedures. A board of county commissioners may:

a.  Determine whether to provide funding, and to what extent it will provide funding, for salaries, costs, and expenses under this section;

b.  Require a county finance officer to conduct a preaudit review of any county funds provided under this section prior to disbursement;

c.  Require review or audit of funds expended under this section by the appropriate county office; and

d.  Provide additional financial support for the courts system, state attorneys, or public defenders.

(d)  Counties may satisfy these requirements by entering into interlocal agreements for the collective funding of these reasonable and necessary salaries, costs, and expenses.

(3)  The following shall be considered a local requirement pursuant to subparagraph (2)(a)1.:

(a)  Legal aid programs, which shall be funded at a level equal to or greater than the amount provided from filing fees and surcharges to legal aid programs from October 1, 2002, to September 30, 2003.

(b)  Alternative sanctions coordinators pursuant to ss. 984.09 and 985.216.

(4)(a)  Except for revenues used for the payment of principal or interest on bonds, tax anticipation certificates, or any other form of indebtedness as allowed under s. 218.25(1),(2) or (4), the Department of Revenue shall withhold revenue sharing receipts distributed pursuant to part II of chapter 218 from any county not in compliance with the county funding obligations for items specified in paragraphs (1)(a), (c), (d), (e), (f), (g), and (h) and subsection (3). The department shall withhold an amount equal to the difference between the amount spent by the county for the particular item in county fiscal year 2002-2003, the base year, plus 3 percent, and the amount budgeted by the county for these obligations in county fiscal year 2004-2005, if the latter is less than the former. Every year thereafter, the department shall withhold such an amount if the amount budgeted in that year is less than the base year plus 1.5 percent growth per year. On or before December 31, 2004, counties shall send to the department a certified copy of their budget documents for the respective 2 years, separately identifying expenditure amounts for each county funding obligation specified in paragraphs (1) (a), (c), (d), (e), (f), (g), and (h) and subsection (3). Each year thereafter, on or before December 31 of that year, each county shall send a certified copy of its budget document to the department.

(b)  Beginning in fiscal year 2005-2006, additional amounts shall be withheld pursuant to paragraph (a), if the amount spent in the previous fiscal year on the items specified in paragraphs (1)(a), (c), (d), (e), (f), (g), and (h), and subsection (3) is less than the amount budgeted for those items. Each county shall certify expenditures for these county obligations for the prior fiscal year to the department within 90 days after the end of the fiscal year.

(c)  The department shall transfer the withheld payments to the General Revenue Fund by March 31 of each year. These payments are hereby appropriated to the Department of Revenue to pay for these responsibilities on behalf of the county.

History.--s. 8, ch. 2000-237; s. 1, ch. 2001-265; ss. 44, 45, ch. 2003-402; s. 28, ch. 2004-265.

29.0085  Annual statement of certain revenues and expenditures.--

(1)  Each county shall submit annually to the Chief Financial Officer a statement of revenues and expenditures as set forth in this section in the form and manner prescribed by the Chief Financial Officer in consultation with the Legislative Committee on Intergovernmental Relations, provided that such statement identify total county expenditures on each of the services outlined in s. 29.008.

(2)(a)  Within 6 months of the close of the local government fiscal year, each county shall submit to the Chief Financial Officer a statement of compliance from its independent certified public accountant, engaged pursuant to s. 218.39, that the certified statement of expenditures was in accordance with s. 29.008 and this section. All discrepancies noted by the independent certified public accountant shall be included in the statement furnished by the county to the Chief Financial Officer.

(b)  If the Chief Financial Officer determines that additional auditing procedures are appropriate because:

1.  The county failed to submit timely its annual statement;

2.  Discrepancies were noted by the independent certified public accountant; or

3.  The county failed to file before March 31 of each year the certified public accountant statement of compliance, the Chief Financial Officer may send his or her personnel or contract for services to bring the county into compliance. The costs incurred by the Chief Financial Officer shall be paid promptly by the county upon certification by the Chief Financial Officer.

(c)  Where the Chief Financial Officer elects to utilize the services of an independent contractor, such certification by the Chief Financial Officer may require the county to make direct payment to a contractor. Any funds owed by a county in such matters shall be recovered pursuant to s. 17.04 or s. 17.041.

(3)  The Chief Financial Officer shall adopt any rules necessary to implement his or her responsibilities pursuant to this section.

History.--s. 46, ch. 2003-402.

29.0086  Article V Technology Board.--

(1)  The Article V Technology Board is created and administratively housed in the Office of Legislative Services within the Legislature.

(2)  The board shall be composed of 10 members, as follows:

(a)  The Chief Justice of the Supreme Court, or his or her designee, who shall serve as chair.

(b)  A person appointed by the Speaker of the House of Representatives to represent executive branch agencies that participate on the Criminal and Juvenile Justice Information Systems Council established pursuant to s. 943.06.

(c)  A private sector representative appointed by the Speaker of the House of Representatives with general knowledge of or experience in managing enterprise integration projects; however, representatives of information technology products and services vendors or any of their subsidiaries that sell products or services to the state shall not be appointed.

(d)  A person appointed by the President of the Senate representing law enforcement agencies.

(e)  A private sector representative appointed by the President of the Senate with general knowledge of or experience in managing enterprise integration projects; however, representatives of information technology products and services vendors or any of their subsidiaries that sell products or services to the state shall not be appointed.

(f)  A state attorney, appointed by the Florida Prosecuting Attorneys Association, or his or her designee.

(g)  A public defender, appointed by the Florida Public Defender Association, or his or her designee.

(h)  A court clerk, appointed by the Florida Association of Court Clerks and Comptroller, Inc., or his or her designee.

(i)  A county budget director, appointed by the Florida Association of Counties.

(j)  A county management information system director, appointed by the Florida Association of Counties.

(3)  An appointment may be made to fill a vacancy. When a member must hold office to be qualified for membership on the board, the member's term on the board shall expire upon failure to maintain the office.

(4)  Board members shall serve without compensation but are entitled to reimbursement for expenses incurred in carrying out their duties as provided in s. 112.061. Members who are public officers or employees shall be reimbursed through the budget entity through which they are compensated.

(5)  The board shall:

(a)  Adopt a charter that defines the major objectives, activities, and deliverables necessary to implement only the requirements of this section.

(b)  By January 15, 2005, provide a report to the Governor, the President of the Senate, the Speaker of the House of Representatives, and the Chief Justice of the Supreme Court. The report shall:

1.  Identify the minimum data elements and functional requirements needed by each of the state court system entities to conduct business transactions, and needed by the Legislature to maintain policy oversight.

2.  Identify the security and access requirements needed to enable and maintain data integration.

3.  Identify information standards and protocols for data integration, to include common identifiers, common data field elements, and a common data dictionary.

4.  Recommend policy, functional, and operational changes needed to achieve necessary access to data.

(c)  Based upon the review and consideration of the January 15, 2005, report by the Legislature, and not later than January 15, 2006, provide a report to the Governor, the President of the Senate, the Speaker of the House of Representatives, and the Chief Justice of the Supreme Court that proposes alternative integration models and analyzes associated advantages and disadvantages of each model. To the extent possible, standards, protocols, and processes that integrate disparate network systems using open standards, and data warehouse and middleware connectivity strategies that maintain and leverage existing networks and information systems should be considered in the report. For each alternative integration model proposed, the board shall:

1.  Analyze and describe the specific policy, functional, operational, fiscal, and technical advantages and disadvantages. This shall also include an analysis of the specific plans and integration requirements related to the Judicial Inquiry System developed by the Office of State Court Administrator within the Supreme Court and the Comprehensive Case Information System developed by the Florida Association of Court Clerks and Comptroller, Inc.

2.  Propose a system for maintaining security to prevent unauthorized access to applications or data.

The report shall also propose an operational governance structure to achieve and maintain the necessary level of integration among system users at both the state and judicial circuit levels as provided for in this subsection.

(6)  For purposes of this section, integration shall be defined as the minimum requirements needed to provide authorized users of the state courts system, the Legislature, and authorized Executive Branch agencies access to data reasonably required for the performance of official duties regardless of where the data is maintained. Such access should enable the secure and reliable transfer and exchange of state court system and legislative reporting data across multiple state and county systems involving multiple users at both the state level and within each judicial circuit.

(7)  The board may establish workgroups as needed that shall be composed of representatives from their respective organizations who are knowledgeable concerning applicable business functions, related data processing requirements, and information system networks and infrastructure within their respective jurisdiction.

(8)  The appointment of board members shall be completed in time to allow for the initial meeting of the board to be held no later than August 15, 2004. The board shall meet at the call of the chair.

(9)  This section is repealed effective July 1, 2006.

History.--s. 29, ch. 2004-265.

¹29.009  Contingency fund.--

(1)  Any county with a population of less than 85,000, according to the most recent decennial census, may apply to the Office of the State Courts Administrator for additional funding to cover extraordinary criminal-case-related costs.

(2)  The Office of the State Courts Administrator, in consultation with the chairs of the appropriations committees of the Legislature, shall develop a process whereby counties may request funds pursuant to this section. Such process shall be consistent with legislative intent regarding this act. The Office of the State Courts Administrator shall review any request for funds by a county under this section and, if the Office of the State Courts Administrator determines that a request is valid, it may provide assistance upon finding a qualifying county's budget is inadequate to cover extraordinary criminal-case-related costs and that the deficiency will result in an impairment of the operations of the county.

(3)  The State Courts Administrator shall submit a report on a quarterly basis, including a complete accounting of the contingency fund.

History.--s. 10, ch. 2000-237; ss. 23, 24, ch. 2001-254; s. 153, ch. 2003-402.

¹Note.--Repealed July 1, 2004, by s. 153, ch. 2003-402.

29.0095  Budget expenditure reports.--

(1)  The chief judge of each circuit shall, by October 1 of each fiscal year, submit an itemized report to the Governor, the President of the Senate, and the Speaker of the House of Representatives showing the amount of state funds expended during the previous fiscal year ending in June for each of the items enumerated in s. 29.004 that pertain to circuit and county courts.

(2)  Each state attorney shall, by October 1 of each fiscal year, submit an itemized report to the Governor, the President of the Senate, and the Speaker of the House of Representatives showing the amount of state funds expended during the previous fiscal year ending in June for each of the items enumerated in s. 29.005.

(3)  Each public defender shall, by October 1 of each fiscal year, submit an itemized report to the Governor, the President of the Senate, and the Speaker of the House of Representatives showing the amount of state funds expended during the previous fiscal year ending in June for each of the items enumerated in s. 29.006.

(4)  The Legislative Budget Commission shall prescribe the format of the report required by this section in consultation with the Chief Justice and the Justice Administrative Commission.

History.--s. 47, ch. 2003-402.

¹29.011  Pilot projects; conflict attorneys.--Pursuant to s. 14, Art. V, and s. 25, Art. XII of the State Constitution, and s. 27.52, and notwithstanding s. 925.037, the Legislature creates pilot projects to reimburse three counties for reasonable and necessary conflict counsel fees, expenses, and costs. The counties designated for the pilot projects must institute cost containment and accountability processes and provide a detailed quarterly report to the Governor, the President of the Senate, the Speaker of the House of Representatives, and the Joint Legislative Committee on Article V. The report shall include, but is not limited to:

(1)  The total number of conflict cases.

(2)  The steps that were taken to avoid the conflict, if any.

(3)  The number of each type of case identified with specificity.

(4)  The length of each case.

(5)  The total amount paid to each attorney.

(6)  The total year-to-date payments to conflict attorneys.

(7)  The method of payment, for example, hourly rate, flat fee, contract, or other.

All information must be broken down based on whether the case was given to outside counsel due to an ethical conflict or due to an overextended caseload.

History.--s. 11, ch. 2000-237; s. 153, ch. 2003-402.

¹Note.--Repealed July 1, 2004, by s. 153, ch. 2003-402.

29.012  Construction.--Nothing in this act shall require the Legislature to fund any court function or court-related activities of the court system, the state attorneys' offices, public defenders' offices, conflict counsel, the statewide prosecutor, or the clerks of the circuit and county courts.

History.--s. 14, ch. 2000-237.

29.014  Article V Indigent Services Advisory Board.--

(1)  There is created the Article V Indigent Services Advisory Board. The board shall exist for the purpose of advising the Legislature in establishing qualifications and compensation standards governing the expenditure of state appropriated funds for those providing state-funded due process services for indigents provided through the courts, state attorneys, public defenders, and private court-appointed counsel. These services include, but are not limited to, court-appointed counsel, court reporting and transcription services, interpreter services, and expert witnesses. Standards recommended by the board shall take into account local variations and market conditions and availability of attorneys and other service providers. The board shall also exist for the purpose of advising the Legislature on cost containment strategies and policies.

(2)  The board shall be composed of 12 members, appointed as follows:

(a)  The Governor shall appoint three members as follows: one state attorney, one public defender, and one clerk of court.

(b)  The President of the Senate and the Speaker of the House of Representatives shall each appoint three members. Of the members appointed by the President of the Senate, one shall be a county commissioner and one shall be an attorney in private practice with significant criminal trial experience. Of the members appointed by the Speaker of the House of Representatives, one shall be a county commissioner and one shall be an attorney in private practice with significant civil trial experience. The President of the Senate and the Speaker of the House of Representatives may each appoint a member from their respective chambers.

(c)  The Chief Justice of the Supreme Court shall appoint three members as follows: three trial court judges, representing a cross-section of small, medium, and large circuits, different regions of the state, and court divisions. Appointments shall be made effective July 1, 2003.

(3)  Members shall be appointed for 4-year terms, except for an appointment to fill an unexpired term, in which event the appointment shall be for the remainder of the unexpired term only. In the case where a member must hold office to be qualified for board membership, the member's term shall also expire upon failure to maintain the office, whichever occurs first.

(4)  The members shall elect a chairperson annually and shall meet at the call of the chairperson, at the request of a majority of the membership, or at the request of the President of the Senate or the Speaker of the House of Representatives. Members shall serve without pay but shall be entitled to reimbursement for their expenses in carrying out their duties as provided in s. 112.061. Public officer members shall be reimbursed through the budget entity through which they are compensated.

(5)  The board shall:

(a)  Recommend qualifications for those providing authorized state-funded due process services, including qualifications for state-funded court reporters, interpreters, and private court-appointed counsel, in addition to those set forth in s. 27.40. At a minimum, the board shall incorporate into the eligibility and performance standards for court-appointed counsel requirements relating to length of membership in The Florida Bar, continuing legal education, and relevant trial experience. At a minimum, the experience standards for criminal cases must require participation in three criminal trials for an attorney to be eligible for a third-degree felony case and five criminal trials to be eligible for a case involving a felony of the second degree or a higher degree.

(b)  Recommend any needed adjustments to existing compensation standards for private court-appointed counsel and other providers of due process services pursuant to s. 27.5304.

(c)  Identify due process services for indigents that should be included on the state contract and bid competitively on a circuit, region, or statewide basis.

(d)  Recommend statewide contracting standards for procurement of state-funded due process services and developing uniform contract forms for use in procuring services.

(e)  Advise the Legislature on strategies and policies to contain costs.

(f)  Recommend uniform standards to be applied by the public defender and the court in determining whether or not there is a conflict of interest pursuant to s. 27.5303.

(6)  To aid in the transition to full implementation of Revision 7 to Article V, the board shall issue its initial recommendations by November 1, 2003. Thereafter, the board shall issue any additional recommendations or revisions thereto by September 1 of each year.

(7)  In preparing budgets and entering into contractual arrangements for the procurement of state-funded due process services for fiscal year 2004-2005, the Chief Justice and the circuit Article V indigent services committees are authorized and encouraged to consider the advice and recommendations of the board.

(8)  The Justice Administrative Commission shall provide staff support to the board.

History.--s. 48, ch. 2003-402.

29.015  Contingency fund; limitation of authority to transfer funds in contracted due process services appropriation categories.--

(1)  An appropriation may be provided in the General Appropriations Act in the Justice Administrative Commission to serve as a contingency fund for the purpose of alleviating deficits in contracted due process services appropriation categories, including private court-appointed counsel appropriation categories, that may occur from time to time due to extraordinary events that lead to unexpected expenditures.

(2)  In the event that a state attorney or public defender incurs a deficit in a contracted due process services appropriation category, the following steps shall be taken in order:

(a)  The state attorney or public defender shall first attempt to identify surplus funds from other appropriation categories within his or her office and submit a budget amendment pursuant to chapter 216 to transfer funds from within the office.

(b)  In the event that the state attorney or public defender is unable to identify surplus funds from within his or her office, he or she shall certify this to the Justice Administrative Commission along with a complete explanation of the circumstances which led to the deficit and steps the office has taken to reduce or alleviate the deficit. The Justice Administrative Commission shall inquire as to whether any other office has surplus funds in its contracted due process services appropriation categories which can be transferred to the office that is experiencing the deficit. If other offices indicate that surplus funds are available, the Justice Administrative Commission shall request a budget amendment to transfer funds from the office or offices to alleviate the deficit upon agreement of the contributing office or offices.

(c)  If no office indicates that surplus funds are available to alleviate the deficit, the Justice Administrative Commission may request a budget amendment to transfer funds from the contingency fund. Such transfers shall be in accordance with all applicable provisions of chapter 216 and shall be subject to review and approval by the Legislative Budget Commission. The Justice Administrative Commission shall submit the documentation provided by the office explaining the circumstances that led to the deficit and the steps taken by the office and the Justice Administrative Commission to identify surplus funds to the Legislative Budget Commission.

(3)  In the event that there is a deficit in a statewide contracted due process services appropriation category provided for private court-appointed counsel necessary due to withdrawal of the public defender due to an ethical conflict, the following steps shall be taken in order:

(a)  The Justice Administrative Commission shall first attempt to identify surplus funds from other contracted due process services appropriation categories within the Justice Administrative Commission and submit a budget amendment pursuant to chapter 216 to transfer funds from within the commission.

(b)  In the event that the Justice Administrative Commission is unable to identify surplus funds from within the commission, the commission shall inquire of each of the public defenders as to whether any office has surplus funds in its contracted due process services appropriations categories which can be transferred. If any public defender office or offices indicate that surplus funds are available, the Justice Administrative Commission shall request a budget amendment to transfer funds from the office or offices to alleviate the deficit upon agreement of the contributing office or offices.

(c)  If no public defender office has surplus funds available to alleviate the deficit, the Justice Administrative Commission may request a budget amendment to transfer funds from the contingency fund. Such transfers shall be in accordance with all applicable provisions of chapter 216 and shall be subject to review and approval by the Legislative Budget Commission. The Justice Administrative Commission shall submit the documentation provided by the office explaining the circumstances that led to the deficit and the steps taken by the Justice Administrative Commission to identify surplus funds to the Legislative Budget Commission.

(4)  In the event that there is a deficit in a statewide appropriation category provided for private court-appointed counsel other than for conflict counsel as described in subsection (3), the following steps shall be taken in order:

(a)  The Justice Administrative Commission shall first attempt to identify surplus funds from other contracted due process services appropriation categories within the Justice Administrative Commission and submit a budget amendment pursuant to chapter 216 to transfer funds from within the commission.

(b)  In the event that the Justice Administrative Commission is unable to identify surplus funds from within the commission, the commission may submit a budget amendment to transfer funds from the contingency fund. Such transfers shall be in accordance with all applicable provisions of chapter 216 and shall be subject to review and approval by the Legislative Budget Commission. The Justice Administrative Commission shall submit documentation explaining the circumstances that led to the deficit and the steps taken to identify surplus funds to the Legislative Budget Commission.

(5)  Notwithstanding any provisions in chapter 216 to the contrary, no office shall transfer funds from a contracted due process services appropriation category or from a contingency fund category authorized in this section except as specifically authorized in this section. In addition, funds shall not be transferred from a state attorney office to alleviate a deficit in a public defender office and funds shall not be transferred from a public defender office to alleviate a deficit in a state attorney office.

History.--s. 49, ch. 2003-402.

29.016  Contingency fund; judicial branch.--

(1)  An appropriation may be provided in the General Appropriations Act for the judicial branch to serve as a contingency fund to alleviate deficits in contracted due process services appropriation categories that may occur from time to time due to extraordinary events that lead to unexpected expenditures.

(2)  In the event that a chief judge incurs such a deficit, the following steps shall be taken in order:

(a)  The chief judge shall attempt to identify surplus funds from other appropriation categories within his or her circuit and submit a request to the Chief Justice for a budget amendment pursuant to chapter 216 to transfer funds from within the circuit budget.

(b)  In the event that the chief judge is unable to identify surplus funds from within his or her circuit, he or she shall certify this to the Office of the State Courts Administrator along with a complete explanation of the circumstances which led to the deficit and steps taken to reduce or alleviate the deficit. The Office of the State Courts Administrator shall inquire as to whether any other circuit has surplus funds in its contracted due process service appropriation categories which can be transferred to the circuit that is experiencing the deficit. If other circuits indicate that surplus funds are available, the Office of the State Courts Administrator shall notify the Trial Court Budget Commission established within the judicial branch by Rule of Judicial Administration. The Trial Court Budget Commission shall make recommendations to the Chief Justice to alleviate the deficit. The Chief Justice may authorize a transfer of funds among circuits to alleviate the deficit.

(3)  If no other circuits indicate that surplus funds are available to alleviate the deficit, the Trial Court Budget Commission may request the Chief Justice to request a budget amendment to transfer funds from the contingency fund. Such transfers shall be requested subject to the notice and review requirements set forth in s. 216.177. The Office of the State Courts Administrator shall include in the budget amendment documentation provided by the chief judge explaining the circumstances that led to the deficit and the steps taken to identify surplus funds to alleviate the deficit.

(4)  Notwithstanding any provisions in chapter 216 to the contrary, no circuit shall transfer funds from a contracted due process services appropriation category or from a contingency fund category authorized in this section except as specifically authorized in this section.

History.--s. 50, ch. 2003-402; s. 30, ch. 2004-265.

29.017  Pending proceedings; applicability of ch. 2003-402.--For the purpose of implementing s. 14, Art. V of the State Constitution, the transfer of the funding responsibility for the state courts system shall not affect the validity of any judicial or administrative proceeding pending on the day of the transfer. The entity providing appropriations on and after July 1, 2004, shall be considered the successor in interest to any existing contracts ratified by the successor entity, but is not responsible for funding or payment of any service rendered or provided, in whole or in part, prior to July 1, 2004.

History.--s. 146, ch. 2003-402.

29.018  Cost sharing of due process costs; legislative intent.--It is the intent of the Legislature to provide state-funded due process services to the state courts system, state attorneys, public defenders, and court-appointed counsel in the most cost-effective and efficient manner. The state courts system, state attorneys, public defenders, and court-appointed counsel may enter into contractual agreements to share, on a pro rata basis, the costs associated with court reporting services, court interpreter and translation services, court experts, and all other due process services funded by the state pursuant to this chapter. These costs shall be budgeted within the funds appropriated to each of the affected users of services.

History.--s. 95, ch. 2004-265.

29.019  Billings rendered for pre-July 1, 2004, services.--Billings submitted for payment of due process services, including, but not limited to, court reporter services, court interpreter services, expert witness services, mental health evaluations, and court-appointed counsel services must be paid by the counties if the services were rendered before July 1, 2004. Counties must also pay for the entire cost of any flat-fee-per-case payment pursuant to a contract or professional services agreement with court-appointed counsel for appointments made before July 1, 2004, regardless of whether work on the case is actually concluded prior to July 1, 2004. Except for flat-fee contracts with court-appointed counsel, billings for services on any case that commenced prior to July 1, 2004, but continues past July 1, 2004, must be submitted with an itemized listing of payment due for services rendered before July 1, 2004, and on or after July 1, 2004. The county shall pay the portion of the bill for services rendered before July 1, 2004, and provide a copy of the itemized bill to the Justice Administrative Commission or the Office of the State Courts Administrator as appropriate for payment of the portion of the bill for services provided on or after July 1, 2004.

History.--s. 97, ch. 2004-265.

29.21  Department of Management Services to provide assistance in procuring services.--In accordance with s. 287.042, the ¹Department of Management Services may assist the Office of the State Courts Administrator and the Justice Administrative Commission with competitive solicitations for the procurement of state-funded services under this chapter. This may include assistance in the development and review of proposals in compliance with chapter 287, and rules adopted under that chapter.

History.--s. 99, ch. 2004-265.

¹Note.--"Department of Management Services" was substituted for the word "department" by the editors to improve clarity and facilitate correct interpretation. The language of this section is derived from subsection (2) of s. 99, ch. 2004-265. Subsection (1) of s. 99, ch. 2004-265, provides for certain time-limited duties of the Department of Management Services.