Florida Senate - 2017                        COMMITTEE AMENDMENT
       Bill No. SB 748
       
       
       
       
       
       
                                Ì412596FÎ412596                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/28/2017           .                                
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       The Committee on Judiciary (Steube) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 60 - 114
    4  and insert:
    5         (1)(a)The membership of the Florida Court Educational
    6  Council, as it was constituted before January 1, 2018, is
    7  terminated and replaced as provided in this section. The Florida
    8  Court Educational Council shall consist of 17 members. All of
    9  the members must be active judges.
   10         1.Two members of the council shall be elected to staggered
   11  terms by the Florida Conference of District Court of Appeal
   12  Judges from its membership pursuant to conference adopted
   13  procedures. One council member shall be elected for a term
   14  ending December 31, 2019, and subsequently for 2-year terms
   15  ending on December 31 of each odd-numbered year and the other
   16  council member shall be elected for a term ending on December
   17  31, 2020, and subsequently for 2-year terms ending on December
   18  31 of each even-numbered year.
   19         2.Ten members of the council shall be elected to staggered
   20  terms by the Florida Conference of Circuit Court Judges from its
   21  membership pursuant to conference adopted procedures. Five
   22  council members shall each be elected for a term ending December
   23  31, 2019, and subsequently for 2-year terms ending on December
   24  31 of each odd-numbered year. The five remaining council members
   25  shall each be elected for a term ending on December 31, 2020,
   26  and subsequently for 2-year terms ending on December 31 of each
   27  even-numbered year.
   28         3.Five members of the council shall be elected to
   29  staggered terms by the Florida Conference of County Court Judges
   30  from its membership pursuant to conference adopted procedures.
   31  Three council members shall each be elected for a term ending
   32  December 31, 2019, and subsequently for 2-year terms ending on
   33  December 31 of each odd-numbered year. The two remaining council
   34  members shall each be elected for a term ending on December 31,
   35  2020, and subsequently for 2-year terms ending on December 31 of
   36  each even-numbered year.
   37         4.Each vacancy shall be filled for the remainder of an
   38  unexpired term in the same manner as the original appointment.
   39         5.Council members may serve consecutive terms.
   40         6.The council shall elect a chair from its membership for
   41  a 1-year term to preside at all council meetings. The council
   42  shall also elect other officers from its membership as it deems
   43  necessary.
   44         (b)A majority of the council members shall constitute a
   45  quorum, and the affirmative vote of a majority of the members
   46  present shall be necessary for any action to be taken by the
   47  council.
   48         (c)The administrative duties of the council include:
   49         1.Adopting guidelines on permissible administrative
   50  expenses. The council shall minimize administrative expenses and
   51  maximize educational opportunities for judges and judicial
   52  staff.
   53         a.Administrative expenses include office space expenses;
   54  salaries for full-time employees, or the equivalent, unless such
   55  employees teach judges or judicial staff on a full-time basis;
   56  compensation for part-time assistance, unless such individuals
   57  are retained to teach judges or judicial staff; and equipment
   58  and supplies purchased or leased by the council. Upon approval
   59  of the council, any employee who documents time spent teaching
   60  judges or judicial staff on less than a full-time basis may have
   61  the pro-rata portion of his or her salary deducted from the
   62  calculation of administrative expenses.
   63         b.As part of the report required by subsection (3), the
   64  council shall provide a description of all efforts the council
   65  has made to reduce administrative expenses below 44 percent.
   66  This part of the report is not required for any year in which
   67  the council spends less than 25 percent of the previous year’s
   68  gross receipts on administrative expenses.
   69         2.Adopting policies and guidelines related to the
   70  selection of continuing judicial and judicial staff education
   71  and training programs, approval of courses for such programs,
   72  and selection of participants. The council shall also develop
   73  and fund appropriate education and training programs for new
   74  trial judges, appellate judges, child support hearing officers,
   75  and magistrates.
   76         3.Adopting reporting formats.
   77         4.Employing and supervising all council employees. Council
   78  employees shall report only to the chair of the council and may
   79  not be assigned any duties except those dealing directly with
   80  court education. It is unlawful to require a council employee to
   81  perform duties unrelated to judicial or judicial staff education
   82  if such duties are not authorized by the council. The council
   83  may not employ more than 15 full-time employees. The council
   84  must employ less than 15 full-time employees if the council
   85  determines that the judicial and judicial staff education
   86  training objectives of the council can be accomplished with
   87  fewer than 15 employees.
   88         (d)The council and its employees shall be headquartered at
   89  the First District Court of Appeal.
   90         (2)(a)(1) The Florida Court Educational council shall
   91  establish standards for instruction of circuit and county court
   92  judges who have responsibility for domestic violence cases, and
   93  the council shall provide such instruction on a periodic and
   94  timely basis.
   95         (b)(2) As used in this subsection, section:
   96         (a) the term “domestic violence” has the meaning set forth
   97  in s. 741.28.
   98         (b)“Family or household member” has the meaning set forth
   99  in s. 741.28.
  100         (3)The council shall submit a report each year, on October
  101  1, to the President of the Senate and the Speaker of the House
  102  of Representatives that includes the total number of judges and
  103  other court personnel attending each in-state training or
  104  educational program, the training or educational program
  105  attended and the location of the program, and the costs
  106  incurred. The report shall also identify the judges and other
  107  court personnel attending out-of-state training or educational
  108  programs and the costs associated with such programs. The report
  109  shall identify the total dollars deposited into the trust fund
  110  for the fiscal year and the balance in the trust fund at the end
  111  of the fiscal year.
  112         Section 3. If any provision contained in section 1 or
  113  section 2 of this act is declared invalid for any reason, then
  114  sections 1 and 2 of this act shall be declared invalid, the fees
  115  that would be directed to the Court Education Trust Fund may not
  116  be assessed pursuant to ss. 28.2401(3), 28.241(1)(a)1.c.,
  117  28.241(1)(a)2.e., and 34.041(1)(b), the remaining unencumbered
  118  funds in the Court Education Trust Fund shall revert to the
  119  General Revenue Fund, and the trust fund shall be terminated.
  120         Section 4. This act shall take effect January 1, 2018.
  121  
  122  ================= T I T L E  A M E N D M E N T ================
  123  And the title is amended as follows:
  124         Delete lines 5 - 13
  125  and insert:
  126         the Florida Court Educational Council; deleting a
  127         provision requiring the council to provide an annual
  128         report; amending s. 25.385, F.S.; specifying the
  129         membership, voting procedures, and duties of the
  130         council; specifying the location of the council
  131         headquarters; requiring the council to submit an
  132         annual report concerning educational and training
  133         programs for judges and other personnel; providing for