Bill Text: FL S0590 | 2020 | Regular Session | Introduced
Bill Title: Clerks of the Court
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2020-03-14 - Died in Appropriations [S0590 Detail]
Download: Florida-2020-S0590-Introduced.html
Florida Senate - 2020 SB 590 By Senator Hooper 16-00648B-20 2020590__ 1 A bill to be entitled 2 An act relating to clerks of the court; amending s. 3 40.29, F.S.; deleting a requirement that the Justice 4 Administrative Commission provide funds to the clerks 5 of the court to compensate jurors and pay for certain 6 expenses and certain jury-related personnel costs; 7 amending s. 213.131, F.S.; providing the purpose of 8 the Clerks of the Court Trust Fund within the 9 Department of Revenue; requiring the distribution of 10 certain funds to cover projected revenue deficits; 11 requiring the Florida Clerks of Court Operations 12 Corporation to conduct an end-of-year reconciliation 13 of certain funds to ensure that the clerks of the 14 court receive approved budget amounts; requiring the 15 department to deposit certain funds into the trust 16 fund for purposes of compensating jurors and paying 17 certain expenses and certain jury-related personnel 18 costs; providing requirements relating to such 19 reimbursement; specifying that the clerks of the court 20 are responsible for any such costs that exceed the 21 amount appropriated by the Legislature; providing an 22 effective date. 23 24 Be It Enacted by the Legislature of the State of Florida: 25 26 Section 1. Subsection (5) of section 40.29, Florida 27 Statutes, is amended to read: 28 40.29 Payment of due-process costs.— 29(5)The Justice Administrative Commission shall provide30funds to the clerks of the court to compensate jurors, to pay31for meals or lodging provided to jurors, and to pay for jury32related personnel costs as provided in this section. Each clerk33of the court shall forward to the Justice Administrative34Commission a quarterly estimate of funds necessary to compensate35jurors and pay for meals or lodging provided to jurors during36the upcoming quarter. The Florida Clerks of Court Operations37Corporation shall forward to the Justice Administrative38Commission a quarterly estimate of the amount necessary to39reimburse each clerk of the court for its personnel and other40costs related to jury management. Upon receipt of such41estimates, the Justice Administrative Commission shall determine42the amount deemed necessary for payment to the clerks of the43court during the upcoming quarter and submit a request for44payment to the Chief Financial Officer. If the Justice45Administrative Commission believes that the amount appropriated46by the Legislature is insufficient to meet such costs during the47remaining part of the state fiscal year, the commission may48apportion the funds appropriated in the General Appropriations49Act for those purposes among the several counties, basing the50apportionment upon the amount expended for such purposes in each51county during the prior fiscal year, in which case, the Chief52Financial Officer shall issue the appropriate apportioned amount53by warrant to each county. The clerks of the court are54responsible for any compensation to jurors, for payments for55meals or lodging provided to jurors, and for jury-related56personnel costs that exceed the funding provided in the General57Appropriations Act for these purposes.58 Section 2. Section 213.131, Florida Statutes, is amended to 59 read: 60 213.131 Clerks of the Court Trust Fund within the 61 Department of Revenue.— 62 (1) The Clerks of the Court Trust Fund is created within 63 the Department of Revenue. 64 (2) The trust fund is established as a depository for the 65 portion of all fines, fees, service charges, and costs collected 66 monthly by the clerks of the court which is in excess of one 67 twelfth of the clerks’ total budget. Other funds that may be 68 deposited in the trust fund include revenues designated for that 69 purpose by law, funds appropriated by the Legislature, and 70 grants from public or private entities, pursuant to s. 28.36. 71 (3) Funds collected monthly that exceed one-twelfth of the 72 clerks’ total budget must be used for the purpose of providing 73 funds to clerks of the court with projected revenue deficits. 74 (4) From the funds collected in excess of one-twelfth of 75 the clerks’ total budget and deposited into the trust fund, the 76 Florida Clerks of Court Operations Corporation shall conduct an 77 end-of-year reconciliation to ensure that clerks receive their 78 approved budget amounts established under s. 28.35. 79 (5) The Department of Revenue shall deposit in the trust 80 fund funds appropriated to the clerks of the court in the 81 General Appropriations Act for the purpose of compensating 82 jurors, paying for meals and lodging provided to jurors, and 83 paying for jury-related personnel and operational costs as 84 provided in that act. Each clerk of the court shall submit a 85 request for reimbursement to the Florida Clerks of Court 86 Operations Corporation within 30 days after each quarter 87 attesting to the clerk’s actual costs to compensate jurors, to 88 pay for meals and lodging provided to jurors, and to pay for 89 jury-related personnel and operational costs. The Florida Clerks 90 of Court Operations Corporation shall review the request for 91 reimbursement to ensure that the costs are reasonable and 92 directly related to jury management and shall forward to the 93 Department of Revenue the amount necessary to reimburse each 94 clerk of the court. The clerks of the court are responsible for 95 any compensation to jurors, for payments for meals or lodging 96 provided to jurors, and for jury-related personnel and 97 operational costs that exceed the funding provided in the 98 General Appropriations Act for these purposes. 99 Section 3. This act shall take effect July 1, 2020.