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A bill to be entitled

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An act relating to state attorneys; amending s. 17.61,

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F.S.; requiring that state attorneys retain moneys in

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their respective trust funds for investment, with

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interest appropriated to the General Revenue Fund;

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amending s. 27.25, F.S.; requiring state attorneys of all

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judicial circuits to jointly develop a coordinated

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classification and pay plan and to have the State

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Attorneys Administration Office submit the plan by a

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specified date to the President of the Senate and the

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Speaker of the House of Representatives; amending s.

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27.34, F.S.; requiring that payments by the state

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attorney received for persons employed by a county or

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municipality but serving as special investigators be

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deposited into the Grants and Donations Trust Fund for

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the state attorney; creating s. 27.375, F.S.; creating

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the State Attorneys Administration Office; providing for

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a location and office space; providing for personnel

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classifications; providing for duties and

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responsibilities; amending ss. 27.52 and 57.082, F.S.;

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providing that a specified percentage of any amount

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recovered by a state attorney as reasonable value of the

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services rendered to a defendant who misrepresented his

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or her status as an indigent must be deposited into the

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Grants and Donations Trust Fund for the State Attorneys

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Administration Office; amending s. 40.29, F.S.; requiring

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each clerk of the circuit court to forward to the State

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Attorneys Administration Office a quarterly estimate of

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funds necessary to pay for ordinary witnesses, including

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witnesses in civil traffic cases and witnesses of the

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state attorney; amending s. 40.33, F.S.; requiring that

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the clerk of court ask the State Attorneys Administration

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Office to pay for certain specified services if a county

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is deficient in its resources; amending s. 40.361, F.S.;

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providing that all laws of this state relating to state

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budgeting and financing apply to all court processes

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authorized or required for the payment of named court

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services; amending ss. 43.16 and 112.0455, F.S.; removing

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state attorneys from membership on and the jurisdiction

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of the Justice Administrative Commission; amending s.

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110.112, F.S.; requiring each state attorney to report

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annually to the State Attorneys Administration Office on

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the implementation, continuance, updating, and results of

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his or her affirmative action program for the previous

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fiscal year; amending s. 501.2101, F.S.; requiring that

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certain funds be deposited in the Consumer Frauds Trust

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Fund of the applicable state attorney for consumer

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litigation; amending s. 985.045, F.S.; requiring the

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clerk of court to keep all official records required for

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juvenile delinquents separate from other records of the

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circuit court but allowing state attorneys access to the

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records; providing an effective date.

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

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     Section 1.  Paragraph (c) of subsection (3) of section

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17.61, Florida Statutes, is amended to read:

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     17.61  Chief Financial Officer; powers and duties in the

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investment of certain funds.--

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     (3)

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     (c)  Except as provided in this paragraph and except for

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moneys described in paragraph (d), the following agencies shall

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not invest trust fund moneys as provided in this section, but

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shall retain such moneys in their respective trust funds for

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investment, with interest appropriated to the General Revenue

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Fund, pursuant to s. 17.57:

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     1.  The Agency for Health Care Administration, except for

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the Tobacco Settlement Trust Fund.

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     2.  The Agency for Persons with Disabilities, except for:

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     a.  The Federal Grants Trust Fund.

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     b.  The Tobacco Settlement Trust Fund.

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     3.  The Department of Children and Family Services, except

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for:

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     a.  The Alcohol, Drug Abuse, and Mental Health Trust Fund.

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     b.  The Refugee Assistance Trust Fund.

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     c.  The Social Services Block Grant Trust Fund.

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     d.  The Tobacco Settlement Trust Fund.

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     e.  The Working Capital Trust Fund.

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     4.  The Department of Community Affairs, only for the

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Operating Trust Fund.

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     5.  The Department of Corrections.

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     6.  The Department of Elderly Affairs, except for:

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     a.  The Federal Grants Trust Fund.

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     b.  The Tobacco Settlement Trust Fund.

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     7.  The Department of Health, except for:

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     a.  The Federal Grants Trust Fund.

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     b.  The Grants and Donations Trust Fund.

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     c.  The Maternal and Child Health Block Grant Trust Fund.

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     d.  The Tobacco Settlement Trust Fund.

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     8.  The Department of Highway Safety and Motor Vehicles,

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only for:

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     a.  The DUI Programs Coordination Trust Fund.

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     b.  The Security Deposits Trust Fund.

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     9.  The Department of Juvenile Justice.

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     10.  The Department of Law Enforcement.

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     11.  The Department of Legal Affairs.

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     12.  The Department of State, only for:

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     a.  The Grants and Donations Trust Fund.

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     b.  The Records Management Trust Fund.

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     13.  The Executive Office of the Governor, only for:

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     a.  The Economic Development Transportation Trust Fund.

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     b.  The Economic Development Trust Fund.

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     14.  The Florida Public Service Commission, only for the

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Florida Public Service Regulatory Trust Fund.

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     15.  The Justice Administrative Commission.

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     16.  The state courts system.

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     17. The state attorneys.

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     Section 2.  Subsection (1) of section 27.25, Florida

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Statutes, is amended to read:

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     27.25  State attorney authorized to employ personnel;

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funding formula.--

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     (1)  The state attorney of each judicial circuit is

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authorized to employ and establish, in such number as is

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authorized by the General Appropriations Act, assistant state

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attorneys and other staff pursuant to s. 29.005. The state

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attorneys of all judicial circuits shall jointly develop a

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coordinated classification and pay plan that which shall be

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submitted by the State Attorneys Administration Office on or

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before January 1 of each year to the Justice Administrative

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Commission, the office of the President of the Senate, and the

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office of the Speaker of the House of Representatives. The Such

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plan shall be developed in accordance with policies and

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procedures of the Executive Office of the Governor established

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pursuant to s. 216.181.

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     Section 3.  Paragraph (c) of subsection (1) of section

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27.34, Florida Statutes, is amended to read:

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     27.34  Limitations on payment of salaries and other related

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costs of state attorneys' offices other than by the state.--

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     (1)  A county or municipality may contract with, or

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appropriate or contribute funds to the operation of, the various

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state attorneys as provided in this subsection. A state attorney

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prosecuting violations of special laws or county or municipal

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ordinances punishable by incarceration and not ancillary to a

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state charge shall contract with counties and municipalities to

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recover the full cost of services rendered on an hourly basis or

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reimburse the state for the full cost of assigning one or more

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full-time equivalent attorney positions to work on behalf of the

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county or municipality. Notwithstanding any other provision of

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law, in the case of a county with a population of less than

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75,000, the state attorney shall contract for full reimbursement,

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or for reimbursement as the parties otherwise agree.

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     (c)  Persons employed by the county or municipality may be

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provided to the state attorney to serve as special investigators

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pursuant to the provisions of s. 27.251. Any payments received

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pursuant to this subsection shall be deposited into the Grants

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and Donations Trust Fund for that state attorney within the

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Justice Administrative Commission for appropriation by the

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Legislature.

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     Section 4.  Section 27.375, Florida Statutes, is created to

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read:

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     27.375 State Attorneys Administration Office; authorization

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to employ; duties.--

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     (1)(a) There is created the State Attorneys Administration

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Office located in Tallahassee. The office shall exercise the

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duties and responsibilities that are specified in this section.

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     (b) The state attorney of each judicial circuit is a member

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of the administration and shall hold his or her position and

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authority in an ex officio capacity.

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     (c) The Department of Management Services shall supply the

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necessary office space for use by the State Attorneys

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Administration Office. For purposes of the fees imposed on

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agencies pursuant to s. 287.057(23), the office is exempt from

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such fees.

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     (2)(a) All employees of the State Attorneys Administration

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Office are exempt from the Career Service System provided in

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chapter 110 and, notwithstanding s. 110.205(5), are not included

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in the Senior Management Service or the Selected Exempt Service.

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     (b) The State Attorneys Administration Office is subject to

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the classification and pay plan for state attorneys set forth in

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s. 27.25(1) and approved annually by the state attorneys.

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     (3) The State Attorneys Administration Office is

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responsible for, but is not limited to:

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     (a) Maintaining a central state office for administrative

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services and assistance to and on behalf of the state attorneys

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of this state.

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     (b) Assisting state attorneys in preparing budget requests,

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voucher schedules, and other forms and reports, as required by

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law. Each state attorney shall prepare necessary circuit budgets,

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vouchers that represent valid claims for reimbursement from the

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state for authorized expenses, and other documents incidental to

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the proper administration of the state attorney's office and

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shall forward them to the State Attorneys Administration Office

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for recording and submission to the proper state officer.

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     (4) Any duty assigned to the State Attorneys Administration

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Office is considered to be for a valid public purpose.

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     (5) Chapter 120 does not apply to the State Attorneys

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Administration Office.

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     Section 5.  Paragraph (b) of subsection (7) of section

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27.52, Florida Statutes, is amended to read:

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     27.52  Determination of indigent status.--

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     (7)  FINANCIAL DISCREPANCIES; FRAUD; FALSE INFORMATION.--

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     (b)  If the court has reason to believe that any applicant,

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through fraud or misrepresentation, was improperly determined to

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be indigent or indigent for costs, the matter shall be referred

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to the state attorney. Twenty-five percent of any amount

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recovered by the state attorney as reasonable value of the

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services rendered, including fees, charges, and costs paid by the

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state on the person's behalf, shall be remitted to the Department

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of Revenue for deposit into the Grants and Donations Trust Fund

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within the State Attorneys Administration Office Justice

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Administrative Commission. Seventy-five percent of any amount

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recovered shall be remitted to the Department of Revenue for

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deposit into the General Revenue Fund.

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     Section 6.  Section 40.29, Florida Statutes, is amended to

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read:

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     40.29  Payment of due-process costs.--

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     (1)(a)  Each clerk of the circuit court, on behalf of the

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courts, the state attorney, court-appointed counsel, and the

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public defender, shall forward to the Justice Administrative

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Commission, by county, a quarterly estimate of funds necessary to

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pay for ordinary witnesses of the, including, but not limited to,

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witnesses in civil traffic cases and witnesses of the state

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attorney, public defender, court-appointed counsel, and persons

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determined to be indigent for costs. Each quarter of the state

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fiscal year, the commission, based upon the estimates, shall

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advance funds to each clerk to pay for these ordinary witnesses

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from state funds specifically appropriated for the payment of

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ordinary witnesses.

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     (b) Each clerk of the circuit court shall forward to the

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State Attorneys Administration Office, by county, a quarterly

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estimate of funds necessary to pay for ordinary witnesses,

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including, but not limited to, witnesses in civil traffic cases

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and witnesses of the state attorney.

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     (c)(b) Each clerk of the circuit court shall forward to the

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Office of the State Courts Administrator, by county, a quarterly

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estimate of funds necessary to pay juror compensation.

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     (2)  Upon receipt of an estimate pursuant to subsection (1),

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the Justice Administrative Commission, the State Attorneys

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Administration Office, or Office of State Courts Administrator,

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as applicable, shall endorse the amount deemed necessary for

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payment by the clerk of the court during the quarterly fiscal

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period and shall submit a request for payment to the Chief

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Financial Officer.

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     (3)  Upon receipt of the funds from the Chief Financial

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Officer, the clerk of the court shall pay all invoices approved

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and submitted by the state attorney, public defender, and circuit

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court administrator for the items enumerated in paragraphs

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(1)(a), (b), and (c) (1)(a) and (b).

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     (4)  After review for compliance with applicable rates and

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requirements, the Justice Administrative Commission shall pay all

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due process service related invoices, except those enumerated in

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paragraphs (1)(a), (b), and (c) (1)(a) and (b), approved and

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submitted by the state attorney, public defender, or court-

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appointed counsel in accordance with the applicable requirements

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of ss. 29.005, 29.006, and 29.007.

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     Section 7.  Section 40.33, Florida Statutes, is amended to

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read:

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     40.33  Deficiency.--If the funds required for payment of the

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items enumerated in s. 40.29(1)(a), (b), or (c) s. 40.29(1)(a) or

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(b) in any county during a quarterly fiscal period exceed exceeds

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the amount of the funds provided pursuant to s. 40.29(3), the

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state attorney or public defender, as applicable, shall make a

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further request upon the Justice Administrative Commission for

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the items enumerated in s. 40.29(1)(a) or the clerk of court

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shall make a further request upon the Office of the State Courts

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Administrator or the State Attorneys Administration Office, as

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applicable, for items enumerated in s. 40.29(1)(b)and (c) s.

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40.29(1)(b) for the amount necessary to allow for full payment.

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     Section 8.  Section 40.361, Florida Statutes, is amended to

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read:

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     40.361  Applicability of laws regarding state budgeting and

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finances.--The requirements contained within chapter 216,

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including the provisions of s. 216.192 related to release of

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funds, chapter 29, including ss. 29.015 and 29.016 related to use

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of contingency funds for due process services, and all other laws

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of this state relating to state budgeting and financing shall

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apply to all processes authorized or required under this chapter

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for the payment of the items enumerated in s. 40.29(1)(a), (b),

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and (c) s. 40.29(1)(a) and (b).

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     Section 9.  Subsections (2), (5), and (6) of section 43.16,

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Florida Statutes, are amended to read:

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     43.16  Justice Administrative Commission; membership, powers

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and duties.--

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     (2)  Members of the Justice Administrative Commission shall

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serve for a period of 2 years, with the terms of each dating from

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July 1, 1985, except that initially, one state attorney member

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and one public defender member shall each serve a 1-year term.

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Members shall be selected in the following manner:

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     (a) Two state attorneys, to be appointed by the president

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of the Florida Prosecuting Attorneys Association.

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     (b) Two public defenders shall, to be appointed by the

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president of the Florida Public Defender Association.

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     (5)  The duties of the commission shall include, but not be

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limited to, the following:

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     (a)  The maintenance of a central state office for

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administrative services and assistance when possible to and on

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behalf of the state attorneys and public defenders of Florida,

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the capital collateral regional counsel of Florida, the criminal

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conflict and civil regional counsel, and the Guardian Ad Litem

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Program.

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     (b) Each state attorney, public defender, and criminal

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conflict and civil regional counsel and the Guardian Ad Litem

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Program shall continue to prepare necessary budgets, vouchers

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that represent valid claims for reimbursement by the state for

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authorized expenses, and other things incidental to the proper

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administrative operation of the office, such as revenue

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transmittals to the Chief Financial Officer and automated systems

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plans, but will forward same to the commission for recording and

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submission to the proper state officer. However, when requested

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by a state attorney, a public defender, a criminal conflict and

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civil regional counsel, or the Guardian Ad Litem Program, the

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commission will either assist in the preparation of budget

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requests, voucher schedules, and other forms and reports or

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accomplish the entire project involved.

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     (6) This The provisions contained in this section is shall

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be supplemental to those of chapter 27, relating to state

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attorneys, public defenders, criminal conflict and civil regional

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counsel, and capital collateral regional counsel; to those of

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chapter 39, relating to the Guardian Ad Litem Program; or to

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other laws pertaining hereto.

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     Section 10.  Paragraph (b) of subsection (7) of section

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57.082, Florida Statutes, is amended to read:

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     57.082  Determination of civil indigent status.--

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     (7)  FINANCIAL DISCREPANCIES; FRAUD; FALSE INFORMATION.--

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     (b)  If the court has reason to believe that any applicant,

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through fraud or misrepresentation, was improperly determined to

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be indigent, the matter shall be referred to the state attorney.

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Twenty-five percent of any amount recovered by the state attorney

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as reasonable value of the services rendered, including fees,

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charges, and costs paid by the state on the person's behalf,

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shall be remitted to the Department of Revenue for deposit into

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the Grants and Donations Trust Fund within the State Attorneys

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Administration Office Justice Administrative Commission. Seventy-

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five percent of any amount recovered shall be remitted to the

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Department of Revenue for deposit into the General Revenue Fund.

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     Section 11.  Paragraph (d) of subsection (3) of section

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110.112, Florida Statutes, is amended to read:

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     110.112  Affirmative action; equal employment opportunity.--

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     (3)  Each state attorney and public defender shall:

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     (d) Report annually to the State Attorneys Administration

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Office or the Justice Administrative Commission, as applicable,

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on the implementation, continuance, updating, and results of his

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or her affirmative action program for the previous fiscal year.

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     Section 12.  Paragraph (e) of subsection (13) of section

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112.0455, Florida Statutes, is amended to read:

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     112.0455  Drug-Free Workplace Act.--

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     (13)  RULES.--

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     (e)  The Justice Administrative Commission may adopt rules

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on behalf of the state attorneys and public defenders of Florida,

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the capital collateral regional counsel, and the Judicial

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Qualifications Commission.

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343

This section shall not be construed to eliminate the bargainable

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rights as provided in the collective bargaining process where

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applicable.

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     Section 13.  Subsection (1) of section 501.2101, Florida

347

Statutes, is amended to read:

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     501.2101  Enforcing authorities; moneys received in certain

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proceedings.--

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     (1)  Any moneys received by an enforcing authority for

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attorney's fees and costs of investigation or litigation in

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proceedings brought under the provisions of s. 501.207, s.

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501.208, or s. 501.211 shall be deposited as received in the

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Legal Affairs Revolving Trust Fund if the action is brought by

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the Department of Legal Affairs, and in the Consumer Frauds Trust

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Fund of the applicable state attorney Justice Administrative

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Commission if the action is brought by a state attorney.

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     Section 14.  Subsection (2) of section 985.045, Florida

359

Statutes, is amended to read:

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     985.045  Court records.--

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     (2)  The clerk shall keep all official records required by

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this section separate from other records of the circuit court,

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except those records pertaining to motor vehicle violations,

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which shall be forwarded to the Department of Highway Safety and

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Motor Vehicles. Except as provided in ss. 943.053 and

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985.04(6)(b) and (7), official records required by this chapter

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are not open to inspection by the public, but may be inspected

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only upon order of the court by persons deemed by the court to

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have a proper interest therein, except that a child and the

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parents, guardians, or legal custodians of the child and their

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attorneys, law enforcement agencies, the Department of Juvenile

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Justice and its designees, the Parole Commission, the Department

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of Corrections, state attorneys, and the Justice Administrative

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Commission shall always have the right to inspect and copy any

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official record pertaining to the child. The court may permit

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authorized representatives of recognized organizations compiling

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statistics for proper purposes to inspect, and make abstracts

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from, official records under whatever conditions upon the use and

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disposition of such records the court may deem proper and may

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punish by contempt proceedings any violation of those conditions.

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     Section 15.  This act shall take effect July 1, 2008.