The Florida Senate

28.35  Clerk of Court Operations Conference.--

(1)  The Clerk of Court Operations Conference is created and shall be composed of:

(a)  Eight clerks elected by the clerks of the courts for a term of 2 years, with two clerks from counties of fewer than 100,000 residents, two clerks from counties of at least 100,000 residents but fewer than 500,000 residents, two clerks from counties of at least 500,000 residents but fewer than 1 million residents, and two clerks from counties of more than 1 million residents.

(b)  The Chief Justice of the Supreme Court or his or her designee.

(2)  The duties of the conference shall include:

(a)  Periodically recommending to the Legislature changes in the various court-related fines, fees, service charges, and cost schedules established by law to ensure reasonable and adequate funding of the clerks of the court in the performance of their court-related functions.

(b)  Establishing a process for the review and approval of court-related proposed budgets submitted by clerks of the court pursuant to s. 28.36

(c)  Certifying to the Legislature, the Governor, the Chief Financial Officer, and the Department of Revenue which clerks of court will have court-related revenues insufficient to fund the anticipated court-related functions of their offices and the actions taken to resolve any deficits pursuant to s. 28.36

(d)  Developing and approving a system of performance accountability measurements and performance standards for each clerk of the court. These measures must assess the fiscal management, efficient operations, and effective collection of fines, fees, service charges, and costs using data reported in s. 28.246 as well as other data.

(e)  Publishing a schedule of maximum fines, fees, service charges, and costs that may be charged by a clerk of the court for court-related functions pursuant to general law that reflects any adjustments based on changes in the Consumer Price Index. Effective July 1, 2004, the schedule shall reflect the maximum fines, fees, service charges, and costs established by general law. The schedule may be adjusted on or after October 1, 2005, and no more frequently than annually thereafter, by the average percentage change in the Consumer Price Index issued by the United States Department of Labor since the last adjustment by the conference. Any adjustment to the schedule authorized in this paragraph must be affirmatively approved by a majority of the clerks of the circuit courts before such adjustments may take effect.

(3)  The Clerk of Court Operations Conference shall maintain a public depository to receive funds for its operations. The Clerk of Court Operations Conference shall receive a portion of the fees collected by the clerk for filing a civil action in circuit court as specified in s. 28.241 These funds shall be available to the conference for the performance of the duties and responsibilities as set forth in this section. The conference may hire staff and pay for other expenses from this fund only as necessary to perform the official duties and responsibilities of the conference as described in this section.

(4)  The Clerk of Court Operations Conference shall submit an annual audited financial statement to the Auditor General in a form and manner prescribed by the Auditor General. The Auditor General shall conduct an annual audit of the operations of the conference, including the use of funds and compliance with the provisions of this section and ss. 28.36 and 28.37

History.--s. 36, ch. 2003-402.