Senate Bill sb0038C

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    Florida Senate - 2001                                  SB 38-C

    By Senator Cowin





    309-700A-02

  1                      A bill to be entitled

  2         An act relating to the County Article V Trust

  3         Fund; amending s. 25.402, F.S.; saving the fund

  4         from expiration; clarifying duties of the

  5         Supreme Court with respect to use of the fund;

  6         allowing the use of funds for the operation of

  7         trial courts; revising authorized uses of the

  8         fund; amending s. 318.21, F.S.; providing for

  9         disposition of certain civil-penalty revenues

10         into the fund; providing a contingent effective

11         date.

12

13  Be It Enacted by the Legislature of the State of Florida:

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15         Section 1.  Section 25.402, Florida Statutes, is

16  amended to read:

17         25.402  County Article V Trust Fund.--

18         (1)(a)  The trust fund moneys in the County Article V

19  Trust Fund, administered by the Supreme Court, may be used to

20  compensate counties for the costs they incur under Article V

21  of the State Constitution in operating the state courts

22  system, including the costs they incur in providing and

23  maintaining court facilities.

24         (b)  When the Legislature appropriates moneys from the

25  trust fund to compensate counties, the Supreme Court must

26  shall adopt an allocation and disbursement plan for the

27  operation of the trust fund and the expenditure of moneys

28  deposited in the trust fund. The Supreme Court shall include

29  the plan in its legislative budget request. A committee of 15

30  people shall develop and recommend the allocation and

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    Florida Senate - 2001                                  SB 38-C
    309-700A-02




  1  disbursement plan to the Supreme Court. The committee shall be

  2  composed of:

  3         1.  Six persons appointed by the Florida Association of

  4  Counties, as follows:

  5         a.  Two persons residing in counties with populations

  6  fewer than 90,000.

  7         b.  Two persons residing in counties with populations

  8  greater than 89,999, but fewer than 700,000.

  9         c.  Two persons residing in counties with populations

10  greater than 699,999.

11         2.  Six persons appointed by the Chief Justice of the

12  Supreme Court, as follows:

13         a.  Two persons residing in counties with populations

14  fewer than 90,000.

15         b.  Two persons residing in counties with populations

16  greater than 89,999, but fewer than 700,000.

17         c.  Two persons residing in counties with populations

18  greater than 699,999.

19         3.  Three persons appointed by the Florida Association

20  of Court Clerks and Comptrollers, as follows:

21         a.  One person residing in a county with a population

22  fewer than 90,000.

23         b.  One person residing in a county with a population

24  greater than 89,999, but fewer than 700,000.

25         c.  One person residing in a county with a population

26  greater than 699,999.

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28  The allocation and disbursement plan shall include provisions

29  to compensate counties with fewer than 90,000 residents for

30  court facility needs.

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    Florida Senate - 2001                                  SB 38-C
    309-700A-02




  1         (c)  Amendments to the approved operating budget for

  2  expenditures from the County Article V Trust Fund must be

  3  approved in accordance with the provisions of s. 216.181. The

  4  total amount disbursed from the County Article V Trust Fund

  5  may not exceed the amount authorized by the General

  6  Appropriations Act.

  7         (d)  Effective July 1, 2001, moneys generated from

  8  civil penalties distributed under s. 318.21(2)(h) shall be

  9  deposited in the trust fund and may be used for the following

10  purposes:

11         1.  Funds paid to counties with populations fewer than

12  90,000 shall be grants-in-aid to be used, in priority order,

13  for: operating expenditures of the offices of the state

14  attorneys and public defenders when specifically appropriated

15  by the Legislature in accordance with Specific Appropriation

16  2978B; consulting or architectural studies related to the

17  improvement of courthouse facilities; improving court

18  facilities to ensure compliance with the Americans with

19  Disabilities Act and other federal or state requirements;

20  other renovations in court facilities; improvements in court

21  security; and expert witness fees in criminal cases, court

22  reporting and transcribing costs in criminal cases, and costs

23  associated with the appointment of special public defenders.

24         2.  Funds paid to counties with populations exceeding

25  89,999 shall be grants-in-aid to be used, in priority order,

26  for operating expenditures of the offices of the state

27  attorneys and public defenders when specifically appropriated

28  by the Legislature in accordance with Specific Appropriation

29  2978B, costs paid by the county for expert witness fees in

30  criminal cases, court reporting and transcribing costs in

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    Florida Senate - 2001                                  SB 38-C
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  1  criminal cases, and costs associated with the appointment of

  2  special public defenders.

  3         3.  Funds may be appropriated for the operation of

  4  trial courts.

  5         (2)  This section expires January 1, 2006 June 30,

  6  2002.

  7         Section 2.  Effective July 1, 2002, subsection (2) of

  8  section 318.21, Florida Statutes, as amended by chapters

  9  97-235, 98-280, 98-403, 2000-139, and 2001-122, Laws of

10  Florida, is amended to read:

11         318.21  Disposition of civil penalties by county

12  courts.--All civil penalties received by a county court

13  pursuant to the provisions of this chapter shall be

14  distributed and paid monthly as follows:

15         (Substantial rewording of subsection. See

16         s. 318.21(2), F.S., for present text.)

17         (2)  Of the remainder:

18         (a)  Five and six-tenths percent shall be remitted to

19  the Department of Revenue for deposit in the General Revenue

20  Fund of the state, except that the first $300,000 shall be

21  deposited into the Grants and Donations Trust Fund in the

22  state courts system for administrative costs, training costs,

23  and costs associated with the implementation and maintenance

24  of Florida foster care citizen review panels in a

25  constitutional charter county as provided for in s. 39.702.

26         (b)  Seven and two-tenths percent shall be remitted to

27  the Department of Revenue for deposit in the Emergency Medical

28  Services Trust Fund for the purposes set forth in s. 401.113.

29         (c)  Five and one-tenth percent shall be remitted to

30  the Department of Revenue for deposit in the Additional Court

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    Florida Senate - 2001                                  SB 38-C
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  1  Cost Clearing Trust Fund established pursuant to s. 938.01 for

  2  criminal justice purposes.

  3         (d)  Eight and two-tenths percent shall be remitted to

  4  the Department of Revenue for deposit in the Brain and Spinal

  5  Cord Injury Rehabilitation Trust Fund for the purposes set

  6  forth in s. 381.79.

  7         (e)  Two percent shall be remitted to the Department of

  8  Revenue for deposit in the endowment fund of the Florida

  9  Endowment Foundation for Vocational Rehabilitation established

10  by s. 413.615.

11         (f)  Five-tenths percent shall be paid to the clerk of

12  the court for administrative costs.

13         (g)1.  If the violation occurred within a municipality

14  or a special improvement district of the Seminole Indian Tribe

15  or Miccosukee Indian Tribe, 56.4 percent shall be paid to that

16  municipality or special improvement district.

17         2.  If the violation occurred within the unincorporated

18  area of a county that is not within a special improvement

19  district of the Seminole Indian Tribe or Miccosukee Indian

20  Tribe, 56.4 percent shall be paid to that county.

21         (h)  Fifteen percent must be deposited into the County

22  Article V Trust Fund.

23         Section 3.  This act shall take effect upon becoming a

24  law, but it shall not take effect unless it is enacted by a

25  three-fifths vote of the membership of each house of the

26  Legislature.

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    Florida Senate - 2001                                  SB 38-C
    309-700A-02




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  2                          SENATE SUMMARY

  3    Revives and readopts the County Article V Trust Fund,
      which was scheduled to expire June 30, 2002, and
  4    clarifies the duties of the Supreme Court with respect to
      adopting an allocation and disbursement plan for the
  5    operation of the fund and the expenditure of moneys
      therein. Allows the use of moneys in the trust fund for
  6    the operation of trial courts. Revises the provisions
      governing the disposition of civil-penalty revenues into
  7    the trust fund.

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