| 1 | Representative(s) Brummer offered the following: |
| 2 |
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| 3 | Amendment (with title amendment) |
| 4 | Between lines 310 and 311, insert: |
| 5 | Section 1. Transfer of Court-Related Clerk of Circuit |
| 6 | Court Functions Pilot Program.-- |
| 7 | (1) LEGISLATIVE INTENT.--The Legislature finds that it is |
| 8 | imperative to the well-being of the citizens of this state, and |
| 9 | consistent with the State Constitution, that trial courts |
| 10 | operate with efficiency and economy, but also autonomy, in the |
| 11 | prompt and proper delivery of justice. The Legislature further |
| 12 | finds that to operate at the most optimal level, complete court |
| 13 | control over court-related functions is essential. Current |
| 14 | statutory authority, however, presents an impediment to that |
| 15 | control in that many court-related functions are administered by |
| 16 | both the Clerk of the Court, as statutorily mandated, and the |
| 17 | court. Such duality of responsibility and control fosters |
| 18 | discord within the court system, confusion among litigants where |
| 19 | functions are duplicated, and waste of valuable state and local |
| 20 | resources. Thus, the Legislature finds, as a matter of public |
| 21 | policy, that consolidating resources within the judicial branch |
| 22 | of government, by transferring court-related functions performed |
| 23 | by the Clerks of Court to the Courts, is consistent with the |
| 24 | objectives of Article V of the State Constitution, as well as of |
| 25 | judicial efficiency, economy, and autonomy. It is the intent of |
| 26 | the Legislature to study the feasibility of consolidating court- |
| 27 | related functions currently performed by the 67 Clerks of Court |
| 28 | and the 20 offices of Court Administration into a single |
| 29 | Administrative Office of the Court that works for and reports to |
| 30 | the Chief Judge in each of the 20 judicial circuits. In |
| 31 | accordance with these findings, a pilot program shall be |
| 32 | established in the Ninth Judicial Circuit transferring all |
| 33 | court-related powers and duties from the Clerk of the Circuit |
| 34 | Court to the Chief Judge for that circuit. |
| 35 | (2) ADMINISTRATION.-- |
| 36 | (a) A pilot program, commencing on January 1, 2006, and |
| 37 | continuing through December 31, 2008, is established in the |
| 38 | Ninth Judicial Circuit, whereby the Chief Judge for the Ninth |
| 39 | Judicial Circuit shall assume all powers, duties, and |
| 40 | responsibilities relating to the courts within that circuit and |
| 41 | currently overseen by the Clerk of the Circuit Court for Orange |
| 42 | County and the Clerk of the Circuit Court for Osceola County. |
| 43 | The powers, duties, and responsibilities transferred to the |
| 44 | Chief Judge include, but are not limited to, employment and |
| 45 | supervision of personnel whose principal activities are to serve |
| 46 | the courts in connection with judicial actions and proceedings. |
| 47 | Nothing in this section shall affect the clerks' |
| 48 | responsibilities relating to their roles as ex officio clerk of |
| 49 | the board of county commissioners, auditor, recorder, and |
| 50 | custodian of county funds not associated with court-related |
| 51 | functions. |
| 52 | (b) The Chief Judge for the Ninth Judicial Circuit may |
| 53 | designate any of the Clerk of Circuit Courts' court-related |
| 54 | duties, statutory or otherwise, to be performed by the Court |
| 55 | Administrator and Court Administration staff. |
| 56 | (c) The Chief Judge for the Ninth Judicial Circuit shall |
| 57 | collect and be responsible for all moneys collected in |
| 58 | connection with judicial actions, proceedings, and records |
| 59 | currently collected by the Clerks of the Circuit Court and shall |
| 60 | deposit such moneys on a monthly basis into the General Revenue |
| 61 | Fund. |
| 62 | (d) The Clerk of the Circuit Court for Orange County and |
| 63 | the Clerk of the Circuit Court for Osceola County shall be |
| 64 | relieved of any obligation imposed by law with respect to the |
| 65 | powers, duties, and responsibilities that the pilot program |
| 66 | imposes on the Chief Judge for the Ninth Judicial Circuit. |
| 67 | (3) REPORTING.--By January 31, 2007, and January 31, 2008, |
| 68 | the Chief Judge for the Ninth Judicial Circuit shall submit |
| 69 | preliminary reports to the President of the Senate, the Speaker |
| 70 | of the House of Representatives, and the Governor outlining the |
| 71 | establishment, operation, organization, and economic impact of |
| 72 | the pilot program to that date, including any statistical data |
| 73 | available. By January 31, 2009, the Chief Judge shall submit a |
| 74 | final report to the President of the Senate, the Speaker of the |
| 75 | House of Representatives, and the Governor which shall include |
| 76 | an overall assessment of the pilot program, recommendations for |
| 77 | further legislation, and the feasibility of extending |
| 78 | consolidation throughout the state. |
| 79 | (4) FUNDING.--The sums of $__________ and $__________ are |
| 80 | appropriated from the General Revenue Fund to establish, |
| 81 | operate, and administer the pilot program. |
| 82 |
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| 83 |
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| 84 | ================ T I T L E A M E N D M E N T ============= |
| 85 | Remove line 6 and insert: |
| 86 | An act relating to the state judicial system; providing |
| 87 | legislative intent; directing the creation of a pilot |
| 88 | program in the Ninth Judicial Circuit Court for purposes |
| 89 | of transferring duties and responsibilities of the clerk |
| 90 | of court to the Chief Judge; providing for administration |
| 91 | of the program; providing powers, duties, and |
| 92 | responsibilities of the Chief Judge of the circuit court |
| 93 | under the program; requiring reports; providing |
| 94 | unspecified appropriations; amending s. |