Call to Order... Richard Weiss. Roll Call... CCOC Staff. Approval of Agenda and Welcome... Richard Weiss

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1 EXECUTIVE COUNCIL MEETING Agenda Date: May 12 th, 2011 Time: 10:30am, EST Location: Orlando Airport, Hyatt, Bengurion Room (866) , Conference Code: # Honorable Richard Weiss Polk County Chair Honorable Bob Inzer Leon County Vice-Chair Honorable Sharon Bock Palm Beach County Secretary/Treasurer Honorable John Crawford Nassau County Honorable Mitch Needelman Brevard County Honorable Buddy Irby Alachua County Honorable Harvey Ruvin Miami-Dade County Honorable Tim Sanders Madison County Honorable Joe Farina Judge Senate Honorable Pat Frank Hillsborough County House Honorable Lydia Gardner Orange County Joe Boyd General Counsel John Dew Executive Director Call to Order... Richard Weiss Roll Call... CCOC Staff Approval of Agenda and Welcome... Richard Weiss 1) Swearing in of New Council Member... Richard Weiss 2) Approval of Minutes... Richard Weiss a. February 17, 2011 b. March 15, 2011 c. March 23, ) Treasurer s Report.... Sharon Bock a. Finance Report b. Corporation Budget for 10/11 and 11/12 4) Corporation Long Range Program Plan for 12/13 thru 16/ John Dew 5) Report from Finance and Budget Committee... Bob Inzer a. 10/11 Budget Year b. 11/12 Budget Year c. 12/13 Budget Year 6) Update on Clerks Trust Fund... John Dew 7) Update on Auditor General s Audit of Clerks... Marilyn Rosetti, OAG Office 8) PIE Committee... Buddy Irby a. Update of Definitions of Cases b. Performance Measure Reports and Corrective Action Plans c. Other 9) Other Business Barrington Circle Tallahassee, Florida Phone: Fax:

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5 Memorandum Honorable Richard Weiss Polk County Chair To: CCOC Executive Council Members Honorable Bob Inzer Leon County Vice Chairman Honorable Sharon Bock Palm Beach County Secretary/Treasurer Honorable John Crawford Nassau County Honorable Mitch Needelman Brevard County Honorable Harvey Ruvin Miami-Dade County Honorable Buddy Irby Alachua County Honorable Tim Sanders Madison County Honorable Joseph Farina Judge Senate Honorable Pat Frank Hillsborough County From: John Dew Date: May 6, 2011 Re: Agenda Item #1: Swearing in of New Council Member At the February 17 th Council Meeting the members approved moving forward the process to fill the vacancy of the Council seat that had become open due to Clerk Scott Ellis leaving office. Clerks in the population grouping of 500,001 to 1,000,000 were sent out a survey to determine their interest in running for the vacant seat on the 18 th of February. Only one Clerk in that population grouping responded that they were interested in running for the vacant seat. The Corporation Plan of Operations provides that if only one individual is available for a vacant Council seat then no election is necessary. Clerk Needelman will fill the vacant seat for the population grouping of 500,001 to 1,000,000 and his term of office will continue until June 30, He will be sworn in at the May 12 th Executive Council meeting. This is for informational purposes only. House Honorable Lydia Gardner Orange County Joe Boyd General Counsel John Dew Executive Director Barrington Circle Tallahassee, Florida Phone: Fax: FLCCOC Executive Council Meeting May 12, 2011 Page 5 of 125

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9 DRAFT MINUTES FLORIDA CLERKS OF COURT OPERATIONS CORPORATION EXECUTIVE COUNCIL THURSDAY, FEBRUARY 17, 2011 TALLAHASSEE, FLORIDA Mr. Weiss called the February 17, 2011 meeting of the Executive Council of the Florida Clerks of Court Operations Corporation (CCOC) to order at 1:10 pm. Members present in person were the Honorable Richard Weiss, Honorable Bob Inzer, Honorable Sharon Bock, Honorable John Crawford, Honorable Harvey Ruvin, Honorable Tim Sanders, Honorable Lydia Gardner, and Honorable Judge Farina. Present on the phone were Honorable Pat Frank and Honorable Buddy Irby. Judge Farina asked that it be recognized that also in attendance was the Honorable Judge Steinbeck who use to be on the CCOC Executive Council and is now Vice- Chair of the Trial Court Budget Commission. AGENDA Mr. Weiss asked if there were any additions or changes to the draft meeting agenda. There being none the agenda presented was accepted as is. MINUTES Mr. Weiss asked if any members of the Council had changes to the draft minutes that had been provided from the November 29 th and December 10 th Executive Council meetings. Mr. Inzer made a motion to accept the minutes as presented. The motion was seconded by Mr. Crawford. The minutes were approved as presented. TREASURER S REPORT Ms. Bock, as Treasurer provided the following report. She noted that at the last Council meeting she would report at this meeting an update on contract expenses of the CCOC office in addition to the regular treasurer report. Ms. Bock said the amount of the CCOC budget is a little more than $1.3 million after you back out $365,000 for education services. She noted that one of the CCOC s role for all of us as Clerks is to do research and report information on our DRAFT Minutes 2/17/2011 Page 1 FLCCOC Executive Council Meeting May 12, 2011 Page 9 of 125

10 budgets to the state legislature. Without the CCOC office and the work that they do, the requirement under statute is that each Clerk s office would be doing this work ourselves. Instead, we have a cost and a creation by the state legislature of the CCOC staff so that we have a uniform way in which we can report our budgets to the state legislature and we also have a uniform way of which we have our thought process to standardize how our offices work. Ms. Bock stated that on a monthly basic she reviews the cost of the CCOC. There are four main budget areas. These are personnel costs, which represent about 41.5 percent of the total budget; general expenses, which represent about 9 percent of the total budget; travel expenses, which represent about 3.5 percent of the total budget; and contractual services that represent about 46 percent of the total budget. While 58 percent of the time has lapsed so far this state fiscal year CCOC has only expended 45 percent of their budget. Ms. Bock went over the financial report which provided detailed information on the expenditures. Ms. Bock then provided information on the use of contracts by the CCOC office that she monitors. Last council meeting John Dew explained who our contract services are with and what they re doing. We are actually under the amount of the allowances for the contracts as we have only spent 31% of the budget for contracts to date. Ms. Bock provided a breakout of the use of contractual services to date. She stated that the CCOC has been doing an exceptional job of managing within their budget. In addition, they have been doing an exceptional job of presenting our information to the state legislature Mr. Weiss asked if there were any questions. There being none Mr. Inzer made a motion to accept the Financial Report as provided by the Treasurer. Mr. Irby seconded the motion. There being no further discussion the Council approved the motion. LEGISLATIVE COMMITTEE REPORT Mr. Ruvin, as Chairman of the CCOC Legislative Committee reported that the Committee met telephonically on February 10 th. Mr. Ruvin commented that the Committee had a proposal for the Council on how best to deliver the previously approved Council recommendations to the Legislature on ways to increase Clerks revenues. The previously approved Council recommendations were that the Legislature should first consider removing the 8% Administrative Fee applied to the Clerks Trust Fund and then if necessary consider increasing certain service charges and court costs and finally consider providing more tools for the Clerks to use to increase collections. The Legislative Committee approved a recommendation that there should be a letter drafted by the CCOC Chairman and sent to the Senate President and to the Speaker communicating the Council s recommendation on increasing Clerks revenues. Further, that DRAFT Minutes 2/17/2011 Page 2 FLCCOC Executive Council Meeting May 12, 2011 Page 10 of 125

11 perhaps the representatives of these two organizations that are appointed to the Council, Honorable Lydia Gardner, Clerk of Orange County as the House appointee and Honorable Pat Frank, Clerk of Hillsborough County as the Senate appointee could be the carriers of that letter to the leadership that would outline all of the elements that we are now pursuing. Mr. Ruvin said that there is a draft letter for the Council members to review. This letter was sent out previously and asked that the CCOC Executive Council consider approving the letter and the process of delivering such a letter to the Legislature. Richard Weiss pointed out that his draft letter was sensitive to the fact the FACC had proposed legislation for reducing the Trust Fund Administrative Fee by only 4% while the CCOC recommendation was to offer up the option of eliminating the fee altogether. He said that the letter addresses this difference by noting that if the Legislature does not want to eliminate the full 8% fee then there is the ability to also address the Clerks revenue shortfalls with other methods as provided them by the CCOC. Mr. Ruvin did point out that if the Legislature only decreased the Trust Fund fee by 4% then there is still be a problem in that Clerks would not have enough revenues this year to fund their offices. Mr. Weiss stated that while he agrees it might be beneficial for Pat Frank and Lydia Gardner to deliver the letter to the Legislative leadership it would probably be more prudent for the letter to be delivered within the next day by CCOC staff and then have a follow-up call from Pat and Lydia due to time constraints and travel issues. Mr. Ruvin agreed and therefore made a motion that the Executive Council would accept the draft letter from Mr. Weiss to the Senate President and House Speaker, that the letter would be delivered to the Legislative leadership by CCOC staff within the next day or two, and that Pat Frank and Lydia Gardner would follow-up with Legislative leadership. This was seconded by Bob Inzer. Mr. Weiss asked for discussion or comments. Ms. Frank said she believed the letter was well written. However she pointed out that she still maintains that at some point there has to be an explanation of why the 8% administrative fee is justified when the Clerks are doing all the work for collections. The cost to the Department of Revenue for collections is far less than 8 percent. After discussion the motion was passed with Judge Farina abstaining. Judge Farina commended that he was in support of a motion that eliminated or reduced the 8% administrative fee and he understood the need for proceeding with the revenue enhancements, especially since there s no increase in civil filing fees. However because of paragraph three in the letter about the possibility of redirecting general revenue or other trust funds to the Clerks Trust Fund, he wanted to abstain from this vote because of the possibility that the Legislature might want to seek funds from the Courts Trust Funds and currently there are DRAFT Minutes 2/17/2011 Page 3 FLCCOC Executive Council Meeting May 12, 2011 Page 11 of 125

12 not sufficient dollars there to meet the Court s budgets. understood. Mr. Weiss commented that he PERFORMANCE IMPROVEMENT AND EFFICIENCY COMMITTEE (PIE) REPORT Mr. Weiss called on Buddy Irby, Committee Chair to make the report. Mr. Irby stated that the Committee will be meeting on February 24 th to discuss a number of important issues. One such issue is making sure each of the Clerks clearly understand how to define a reopen case so we assure we are all projecting and counting them the same way. He said that the Committee has a workgroup set up to develop a clear definition and that he will be working with the Clerks prior to any implementation of such a definition. He also said he is working with Karen Nicolai, Hernando County Clerk and the FACC on trying to make sure that rules are uniform as far as case definitions and now reopens because of the importance the will now have in the budget process. He asked CCOC staff Doug Isabelle to provide additional information on the upcoming meeting. Mr. Isabelle stated the PIE Committee meeting is set for 10am on February 24 th via a teleconference call and the agenda and materials have been sent to the Clerks and others. It is also posted on the CCOC website. The three items on the agenda include having the Committee review the last quarter s corrective action plans from Clerks that did not meet performance standards, update the Committee on the workgroup s development of a clear definition for reopen cases, and finally look at a recommendation from Ken Burke on seeking efficiencies concerning no longer having to place certain court documents in files similar to some federal rules. Mr. Weiss asked if there were any questions. Being none Mr. Weiss thanked Mr. Irby for his report. FINANCE AND BUDGET COMMITTEE REPORT (F & B) 2010/11 Budget and 4 th Quarter True-up Process Prior to calling on Bob Inzer, Chair of the F & B Committee, Mr. Weiss stated that he wanted to say a few words. He noted that he use to chair the Finance and Budget Committee for several years prior to being elected Chairman of the Council and despite working hard he felt as if he didn t do half of the work that Bob has been doing. He said that not only has Bob been working hard during the week but that he knows Bob also works many Saturdays and Sundays as well. Mr. Inzer is also at Legislative Committees representing Clerks and he does it all so well. DRAFT Minutes 2/17/2011 Page 4 FLCCOC Executive Council Meeting May 12, 2011 Page 12 of 125

13 I hear nothing but positive feedback of the work he does and the presentations he makes. He represents the Clerks in such a good and positive way that it helps us and he wanted on behalf of the Council and all the Clerks to thank him for the work he is doing. Mr. Inzer thanked the Chairman and the Council. He said the remarks were greatly appreciated but the he wanted to point out that he has a great committee and the CCOC has great staff. He said that because of his busy work schedule, very often I m asking CCOC staff to meet me after work because I m tied up during the day and so many times I come by after 6 o clock at night on my way home and spend an hour or so or meet on Saturdays or Sundays because that s the time I m available. Staff adjusts their schedule to accommodate mine and work pass midnight and weekends when needed so I want each of you to know that. He also wanted to thank the Committee members. He noted that the Committee has had four meetings since the last Council meeting. A significant amount of work has been done in these meetings. We ve worked together very collegially to provide a product that we hope is acceptable to the legislature and will minimize the pain and anguish that we re going to go through from a budgetary perspective. Mr. Inzer apologized to the Clerks that the Committee asks for more and more information. He said the budget request process is a fluid process and that the information request we get from the Legislature yesterday could change tomorrow. He knows this means we are making demands on Clerks with very often limited time for turnaround. As an example, Mr. Inzer said the most recent request from the Legislature had us sending to each Clerk a CCIS report on open cases as of July 1st, asking you to check the correctness of the report in a short period and get back to us. He noted he had calls from Clerks who said it was very difficult to get information back due to limited time and resources. Mr. Inzer replied that we re turning it around as quickly as we re getting that guidance. To the extent you can and do have resources we appreciate you providing the information as requested. But we understand that not everybody has them. And we re just doing what we can with what we got. Again, I apologize for demands we re placing on you. At the last meeting that we had with Legislative staff they indicated that the budget model they wanted us to consider would look also at open cases instead of just new cases. They now seem to understand and appreciate that a significant amount of our work does involve cases from previous years. Mr. Inzer said we are now presenting a methodology for the 4 th quarter true-up and unit costs that uses more than just new cases. Mr. Inzer asked Greg Cowan to go through the methodology and numbers. Mr. Cowan noted that the material has been passed out to the Council members and was also placed on the CCOC website. He explained the process as basically a three-step DRAFT Minutes 2/17/2011 Page 5 FLCCOC Executive Council Meeting May 12, 2011 Page 13 of 125

14 methodology. The first step is to come up with a new unit cost as opposed to using the unit cost that s presented in the 2010/11 General Appropriations Act. We calculated a new unit cost by adding in the total number of open cases as of July 1, 2010, the actual reported cases and reopens from July 2010 through December 2010 and multiplying this number by 2. The second step takes the total open, new, and reopen cases and divides them into each divisional budget to get a unit cost by division for each Clerk. The final step involved projecting the number of cases and reopens for January through June Mr. Cowan noted that the detailed analysis and final numbers were presented in the meeting packet and that the projected budget for SFY 10/11 looks to be approximately $442 million dollars using the methodology mentioned. Mr. Inzer said that the good news is that without this adjustment, we were looking at a number of about $ 402 million for the year using new cases only. He said he wanted everyone to be aware of this but that we are still having discussions with Senate and House staff. They clearly could be tweaking this model again. If the model and results are approved by the Council then Mr. Inzer said he would be providing this information to Legislative staff within a week. Mr. Inzer said that he would like to make a motion that the CCOC Council adopt the current methodology at this point in time, subject to, obviously, further input that we would receive from legislative staff. To the extent that we get input from them that will require us to come back and modify our model then we will obviously be reconvening to do that. But to the extent that we don t, this would be the model that we would use. Lydia Gardner seconded the motion. During the discussion of the motion Sharon Bock asked that the CCOC staff provide the results of any model to the Clerks for review to assure each of the Clerks understood the financial impact of such models on their offices. Mr. Inzer said he and staff would be doing that. Mr. Irby also indicated that the Council needs to continue to address the need to improve our data on open and pending cases since it impacts unit cost. Mr. Weiss agreed that this is a project the Council will continue to work on. The motion to accept the methodology for determining the 4 th quarter true-up was approved unanimously. Importance of Revenue Collection Efforts Mr. Inzer pointed out that the revenues flowing into the Clerks Trust Fund are not adequate for both funding our budgets and paying the 8% administrative trust fund fee. He advised the Clerks that we need to be doing everything we can to collect. He noted that the House is very interested in the efforts the Clerks are making in this area and that he has been asked to report to them on our progress. DRAFT Minutes 2/17/2011 Page 6 FLCCOC Executive Council Meeting May 12, 2011 Page 14 of 125

15 Mr. Dew further noted that the current cash flow problem indicates Clerks would not be receiving disbursements for the first week of March until after the month began. He asked, if possible, that Clerks send in revenues from February earlier than the March 10 th requirement. CCOC Annual Report Mr. Inzer provided to the Council a draft outline of a CCOC annual report. He said that the report could be done annually and be provided to our shareholders. This would include the Clerks, the Legislature, and the public. Mr. Inzer made a motion on behalf of the Finance and Budget Committee that the Council authorize creating an annual report and that such a report be brought back to the Council for review and approval at an upcoming meeting. The motion was seconded by Sharon Bock. The motion was approved unanimously. CCIS DATA Mr. Weiss noted that he had been asked if it was possible to use CCIS data for gathering information for budget purposes instead of having to contact Clerks directly. He responded that to use CCIS for such purposes would not currently work but he understands there is clearly an interest from FACC staff to modify CCIS to help meet the CCOC needs. He stated that such a project would take some time but there s a good cooperative working relationship in trying to maximize the CCIS in that regard. UPDATE ON CLERKS LEGISLATIVE BUDGET REQUEST Mr. Inzer reported that he made a presentation to the Legislature on the Clerk s 11/12 Legislative Budget Request and that it was well received. However, it appears at this time that due to the Legislature having to reduce billions of dollars from the statewide budget next year that the Clerks would more than likely not receive the amount of budget as requested. A number of state agencies are having their budgets reduced more than 5% from their current year s budget. He closed by saying that as soon as we received some proposed budget numbers from the Legislature the Finance and Budget Committee will meet to look at the impact and made recommendations to the Council on Clerk budgets for SFY 11/12. DRAFT Minutes 2/17/2011 Page 7 FLCCOC Executive Council Meeting May 12, 2011 Page 15 of 125

16 FILLING OF CCOC EXECUTIVE COUNCIL VACANT SEAT Mr. Dew explained the process for filling a vacant Executive Council seat. The vacancy is due to Scott Ellis resigning at the end of This left a vacancy in the population grouping of 500,000 to 1,000,000. Ms. Bock, as CCOC Secretary/Treasurer, notified Clerks via earlier this month that a vacancy currently exists on the Council. Mr. Dew presented a timeframe for filling the vacancy for the Council approval. An interest survey for Clerks in the vacant population grouping would go out on February 18 th with a return deadline of March 4 th. If we only have one candidate interested in filling the position then according to the Corporation Plan of Operations we will not have to conduct an election. If an election is necessary the CCOC office would distribute the ballots by March 8 th with a return receipt deadline to our independent CPA by March 25 th. The CPA would then open the ballots on March 28 th. Mr. Weiss asked if there were any questions of Ms. Bock or Mr. Dew. Hearing none he went on to the next issue. UPDATE ON CLERKS OF COURT TURST FUND Mr. Dew provided a worksheet to the Council members that continued to show there were insufficient dollars in the Trust Fund to both pay an 8% administrative trust fund fee, pay back a loan to the State, and fund Clerk offices. He noted this issue was reported last year and that the CCOC Finance and Budget Committee met in January to seek solutions. The Committee has a recommendation concerning the payment of the 8% administrative fee. Mr. Inzer, as Chair of the Finance and Budget Committee, said the Committee recommends that the 8% Administrative Fee be paid to the State only after the Clerks are funded first. Any excess at the end of the year would go towards payment of the Trust Fund fee and the loan payment. Havey Ruvin made a motion to adopt the Committee s recommendation. The motion was seconded by John Crawford. During the discussion Mr. Ruvin asked what options the Department of Financial Services has to take the fee directly from the Clerks Trust Fund. Mr. Dew replied that DFS could remove the dollars at any point but that they do understand doing so would mean there are not sufficient dollars to fund the Clerks. He stated that we have been keeping Clerks, DFS, Legislative Staff, and the Courts aware of the problem. Judge Farina said that while he is in favor of the motion he just wanted to let the Council members know that unlike last year, the Court s Trust Fund does not have any excess this year that could be used to help offset the Clerk Trust Fund shortfall. In fact, like the Clerks Trust Fund, the Court s Trust Fund is in the deficit and it is projected to be potentially $68 million short this year. DRAFT Minutes 2/17/2011 Page 8 FLCCOC Executive Council Meeting May 12, 2011 Page 16 of 125

17 Richard Weiss stated that if the Council approves this recommendation he will be sending a letter to DFS stating such. It will be in reply to a letter sent to him back in December from DFS. After much discussion a vote was taken and the motion was approved. Mr. Dew pointed out that even if no dollars were removed from the Trust Fund to pay the 8% administrative fee there may still be a cash flow problem for funding the Clerks timely. He went over the chart in the member s packet that indicated the monthly revenues coming in each month over the last few months was less than the approximately $37 million needed for disbursement each month. If this trend continues we will not have sufficient dollars to meet the current budget needs of the Clerks. However, historically the months of February through June are better revenue months than October through December. OTHER BUSINESS Having no further business the Council adjourned. DRAFT Minutes 2/17/2011 Page 9 FLCCOC Executive Council Meeting May 12, 2011 Page 17 of 125

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19 DRAFT MINUTES FLORIDA CLERKS OF COURT OPERATIONS CORPORATION EXECUTIVE COUNCIL TUESDAY, MARCH 15, 2011 TELEPHONIC Mr. Weiss called the March 15, 2011 meeting of the Executive Council of the Florida Clerks of Court Operations Corporation (CCOC) to order at 2:30 pm. Members present were the Honorable Richard Weiss, Honorable Bob Inzer, Honorable John Crawford, Honorable Harvey Ruvin, Honorable Tim Sanders, Honorable Judge Farina, Honorable Pat Frank, and Honorable Lydia Gardner. Honorable Buddy Irby and Honorable Sharon Bock were unable to attend. Mr. Weiss requested that Mr. Inzer, Finance & Budget Committee Chair, discuss the SFY budget model results as reviewed and approved by the Finance & Budget Committee when they met this morning. Mr. Inzer reported that the Finance & Budget Committee met by phone this morning. He said that on Saturday, March 12 th Senate staff from the Criminal and Civil Justice Appropriations Subcommittee provided us with a proposed maximum budget amount for SFY 10/11. The number, which includes the $3.6 million for foreclosures, is $445,180,312. Our current budget is $451,380,312 plus $3.6 million in addition for foreclosures. Legislative staff requested that, using this new number, we provide them a suggested new budget amount for each Clerk. The amount suggested for each individual Clerk s office had to be split out in dollar amounts among the 10 court divisions. Mr. Inzer noted that the Finance and Budget Committee began working from the $442,121,788 distribution model that was developed and approved by the CCOC Executive Council in February. That distribution was an activity driven measurement. The committee started there because there had been a great deal of work already done by the CCOC in developing the distribution model. Further, from a credibility standpoint with legislative staff, it was a number that reflected changes in workload and case activity. While there may be some problems with the quality of the data, given the information we have, it is the best distribution we could come up with due to time constraints. Taking $445,180,312 and removing the $3.6 million for foreclosures leaves us $541,476 higher than the $442 million number developed by the CCOC in February. The committee discussed whether to back off the final quarter distribution of the $3.6 million, from which there is still approximately $997,000 left to be distributed. Based on comments from Judge Farina advising us about the guidance the Judiciary has received from the Senate on the importance of the foreclosure program, the committee did not think suspending the foreclosure distribution was a good idea and elected to leave that distribution in place. DRAFT MINUTES March 15, 2011 EC Meeting Page 1 FLCCOC Executive Council Meeting May 12, 2011 Page 19 of 125

20 The committee therefore decided the best approach was to reduce each Clerks budget by the percent reduction needed to have a further total statewide reduction of $541,476. Summary Data as prepared by staff was provided which indicated that the median reduction for all Clerks is approximately a 2.28% from the current budget of $451,380,312 plus the $3.6 million foreclosure dollars to $445,180,312. This methodology is the Finance & Budget Committee s recommendation. Mr. Inzer so moved. Mr. Sanders seconded the motion. Mr. Weiss called for discussion. Mr. Jeff Smith, a Deputy Clerk from Indian River, questioned their foreclosure number on the information provided in the meeting packet. Mr. Cowan explained that a few counties originally included in the foreclosure recovery program decided to opt out. This frees up additional dollars which had not been reallocated to counties staying in the program. The committee has reallocated those dollars so that counties remaining in the program will see a small increase in those appropriations. Mr. Smith asked if the remainder of the foreclosure reports should show the new annual amount. Mr. Cowan replied that each county s report should reflect the actual dollars distributed to that county. Mr. Smith further asked if the number would also change on the budget form. Mr. Cowan answered that the budget form will also reflect to the newer amount. Mr. Inzer asked that his motion be amended to include the redistribution of foreclosure dollars. Mr. Sanders accepted the change. Mr. Burke asked if what is being voted on is Revised Option 5 that is in the meeting packet. Mr. Inzer stated that it is Revised Option 5. Mr. Dew noted that the information on suggested budget amounts from the Council will be submitted to the Legislature. However he wanted to notify Clerks that the bottom line dollar figures per Clerk as distributed today may not be the exact amount each Clerk will receive. Mr. Inzer said there will still need to be a fourth quarter true-up in May such that if activity during the remaining months comes in below projections, there could be an additional reduction. The aggregate of all Clerks budgets cannot exceed the $445,180,312. Some Clerks budgets could increase and some could decrease but the total may not exceed $445,180,312. He further stated that the true-up should be relatively modest because the amount of time available for adjustments is small and we have included in the base all open cases as reported by Clerks on July 1, 2010 and all actual cases and reopens reported by Clerks from July 1, 2010 through January So the number of reopens and new cases filed in the remaining months is a relatively small number compared to the base used for these numbers. Mr. Thurmond, Wakulla County, is worried that we have not dealt with the 8% issue and the Trust Fund shortfall projected for this year. He asked how this may affect the bottom line. Mr. Weiss reported that the Senate Budget Criminal and Civil Justice Appropriations Subcommittee is working on a plan to cover the 8% administrative fee. Staff from Highlands County stated that they received no foreclosure dollars and took a slightly bigger reduction in their budget. Mr. Cowan noted that, looking at the original Option 5 applied by the committee, Highlands took a 3.04% decrease. That reduction filters through to Revised Option 5 requiring Highlands to take a 3.18% reduction. The increased reduction comes from recalculating budgets to arrive at the current budget authority provided to us by Legislative staff ($445,180,312). Mr. DRAFT MINUTES March 15, 2011 EC Meeting Page 2 FLCCOC Executive Council Meeting May 12, 2011 Page 20 of 125

21 Weiss reiterated that we needed to reduce the aggregate budget number by $541,476 to get from the $442,121,788 to the $445,180,312 (minus $3.6 million for foreclosures). There being no further comments, a vote was taken. The motion passed unanimously. Mr. Dew said that CCOC staff will make sure Senate staff gets the information ASAP. OTHER Mr. Ruvin said that this morning he saw Senate Appropriation proviso language that allowed for a fund for Judges to be financially rewarded for moving cases through the system quicker. Mr. Ruvin asked if anyone knows the source of this and the justification for it. Judge Farina said he heard about it for the first time this morning also and cannot explain it. Mr. Ruvin said he hopes that the Clerks may be able to be included in such a funding model since they have a role in Judges being able to achieve their caseloads. Judge Farina suggested we may want to get more information before Clerks ask to be included. Mr. Burke asked when we will know that the Senate approves the action taken today. Mr. Dew explained that Senate staff wanted the information this week to prepare for a subcommittee meeting. The recommendation will then move from the Senate Criminal and Civil Justice Appropriations Subcommittee to the full Senate Appropriations Committee and from there to the full Senate. This could take a week or two but may be sooner. Mr. Burke asked about the House. Mr. Dew responded that we have not heard from the House as to where they are going on this. Mr. Burke reiterated, for clarification, this is just one step in this process and Clerks should not rely on this number until it has gone through the whole process. Mr. Weiss replied that this statement is correct. This number is based on staff direction from the Senate Appropriations Committee only. Mr. Inzer said the question remains what we are trying to balance to. He stated that we have been working on this number only since Saturday. He has talked with Ms. Rushing, FACC Legislative Committee Chair, and there seems to be an assumption that the House is in agreement but we do not know for sure. But we do have to respond to the Senate. At this time nothing is written in stone. Mr. Inzer recognized the hard work being done by Ms. Rushing and others. Through their effort and the support of CCOC and your Finance & Budget Committee, the House and Senate are well aware that a lot of our activity relates to the cases from prior years. While no one wants to take a budget cut, compared to the $404 million we were otherwise looking at, this at least allows us to barely survive the remainder of the year. Mr. Weiss asked if there was other business to come before the Council. There being none, the meeting adjourned at 3:05. DRAFT MINUTES March 15, 2011 EC Meeting Page 3 FLCCOC Executive Council Meeting May 12, 2011 Page 21 of 125

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23 DRAFT MINUTES FLORIDA CLERKS OF COURT OPERATIONS CORPORATION EXECUTIVE COUNCIL WEDNESDAY, MARCH 23, 2011 TELEPHONIC Mr. Weiss called the March 23, 2011 meeting of the Executive Council of the Florida Clerks of Court Operations Corporation (CCOC) to order at 3:30 pm. Members present were the Honorable Richard Weiss, Honorable Bob Inzer, Honorable Sharon Bock, Honorable John Crawford, Honorable Buddy Irby, Honorable Harvey Ruvin, Honorable Tim Sanders, Honorable Lydia Gardner, Honorable Judge Farina, and Honorable Pat Frank. FINANCE & BUDGET COMMITTEE Mr. Weiss recognized Mr. Inzer to provide a report from the Finance and Budget Committee. Mr. Inzer advised the Council that the Finance & Budget Committee held a workshop and meeting earlier in the day and had a number of issues and recommendations for presentation to the Executive Council. Mr. Inzer presented the first issue to the Council which related to the SFY budget. Mr. Inzer advised the Council that the Finance & Budget Committee approved a revised version of the Option 5 method previously approved by the Council on March 15. The revised version is based on a new proposed statewide budget figure of just over $449 million provided to the CCOC by Senate staff. The model being presented to the Council was approved by the Finance and Budget Committee. John Dew advised members that the numbers may change as we proceed through the Legislative process, but the Committee had simply approved the model. Mr. Inzer did agree that if the statewide number should change, the same model should be used to recalculate individual county budget authority numbers. Mr. Inzer made a motion incorporating the ideas he presented. Ms. Gardner seconded the motion. The motion passed unanimously. Mr. Inzer presented the next issue to the Council related to the SFY Legislative Budget Request (LBR). Mr. Inzer advised the Council that the Finance & Budget Committee has developed a number of recommendations related to the SFY LBR. These recommendations are necessary given the additional guidance received from Senate staff who recommended a statewide LBR amount of $445,080,312 and suggested the Clerks develop a distribution of this dollar amount. In order to follow-up on this guidance, the Finance and Budget Committee started with the $456 million original LBR and took three additional steps. First, the Committee removed the dollars in the LBR associated with the health insurance, FRS, and Dade County issues. Second, for any Clerk receiving a greater than 5% reduction in their SFY LBR as compared to their SFY budget authority, the Committee held these clerks SFY LBR constant. Third, all other clerks received just over a 1% reduction in the SFY LBR. The implementation of these steps allowed the Committee to incorporate all the work built into the original LBR and still make the changes necessary to fulfill the guidance provided by Senate staff. Mr. Inzer suggested that if the statewide number should change, the same model should be use to recalculate individual county LBR numbers. Mr. Inzer made a motion incorporating the ideas he presented. Lydia Gardner seconded the motion. The motion passed unanimously. Mr. Inzer next said the Finance and Budget Committee recommended continuing to advocate for separate funds of $200,000 to be given to the CCOC in the LBR so we can help with extraordinary Clerk juror expenses. This would be addition to the $445,080,312. The Committee recognized the amount is likely to be insufficient to cover all potential emergency jury costs. The Committee recommended Mr. Inzer as Committee chair be delegated the authority to respond to any issues associated with the $200,000 jury request as it works its way through the 2011 regular Legislative session. Mr. Weiss made a motion related to this issue. Harvey Ruvin seconded the motion. The motion passed unanimously. DRAFT Minutes March 23, 2011 EC Meeting Page 1 FLCCOC Executive Council Meeting May 12, 2011 Page 23 of 125

24 Regarding both the SFY budget issues and the SFY LBR issues, Mr. Inzer advised the Council that Legislative activities and negotiations between the Senate and the House are continuing and the situation is fluid. CLERKS TRUST FUND UPDATE Mr. Dew reported that there are sufficient dollars in the Trust Fund to disburse dollars for the last two weeks of March. He noted that checks and EFT s will go out today or tomorrow. He also noted that there are insufficient dollars to disburse funds for the first week of April. Mr. Dew indicated that we have a potential $50 million shortfall should we be required to pay the 8% Trust Fund administrative issue and the loan received from the State. Mr. Inzer moved that Mr. Weiss, as CCOC chair, be delegated the authority to respond to any issues associated with the shortfall in the Trust Fund or with budget issues as these issues arise during the 2011 regular legislative session. Ms. Gardner seconded the motion. Judge Farina spoke regarding the similar issues facing the courts and the potential shortfall in the Courts Trust Fund. Judge Farina advised he fully supported the motion. The motion passed unanimously. There being no further business, the meeting was adjourned at 4:00 p.m. DRAFT Minutes March 23, 2011 EC Meeting Page 2 FLCCOC Executive Council Meeting May 12, 2011 Page 24 of 125

25 Agenda Item #3 Treasurer s Report A) Finance Report B) Corporation Budget 10/11 and 11/12 May 12, 2011 FLCCOC Executive Council Meeting FLCCOC Executive Council Meeting May 12, 2011 Page 25 of 125

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27 Memorandum Honorable Richard Weiss Polk County Chair To: CCOC Executive Council Members Honorable Bob Inzer Leon County Vice Chairman Honorable Sharon Bock Palm Beach County Secretary/Treasurer Honorable John Crawford Nassau County Honorable Mitch Needelman Brevard County Honorable Harvey Ruvin Miami-Dade County Honorable Buddy Irby Alachua County Honorable Tim Sanders Madison County From: John Dew Date: May 6, 2011 Re: Agenda Item #3; Financial Report and Corporation Budget The Corporation is staying well within the 10/11 budget. However the 2011 Legislature reduced the Corporation budget by more than 5% for the current year. Please find attached a proposed reduction plan for the budget for the current year. Likewise, the Corporation budget for SFY 11/12 is a reduction from the current budget of approximately 5%. Please find for your review an attached proposed reduction plan for that year as well. Honorable Joseph Farina Judge Senate Honorable Pat Frank Hillsborough County House Honorable Lydia Gardner Orange County Joe Boyd General Counsel John Dew Executive Director Barrington Circle Tallahassee, Florida Phone: Fax: FLCCOC Executive Council Meeting May 12, 2011 Page 27 of 125

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29 CCOC Budgetary Report - DRAFT State Fiscal Year (July 1, June 30, 2011) Through 3/31/11 Budget Category Year to Date (%) of Budget October November December Jan Feb Mar Amount Expenditures Expended CCOC STAFF: $688, $53, $50, $51, $48, $48, $49, $462, % Executive Director $118, $9, $9, $9, $9, $9, $9, $88, % Budget Director $98, $8, $8, $8, $8, $8, $8, $73, % Information Systems Coordinator $69, $5, $5, $5, $5, $5, $5, $52, % Senior Budget Manager $78, $6, $6, $6, $6, $6, $6, $58, % Budget Manger II $39, $3, $1, $ $ $2, $2, $22, % Budget Manager I $32, $2, $2, $2, $2, $0.00 $1, $19, % Executive Assistant $39, $3, $3, $3, $3, $3, $3, $29, % Internal Revenue (Corporation Responsibility) $50, $3, $3, $2, $2, $2, $2, $26, % Retirement, Benefits, Workers' Comp $162, $10, $10, $11, $8, $9, $9, $90, % OPS STAFF: $30, $3, $3, $2, $1, $1, $ $19, % GENERAL EXPENSES: $149, $7, $6, $7, $12, $7, $6, $68, % Rent (including Utilities) $60, $4, $4, $4, $4, $4, $4, $39, % Communications (including Internet and Phone) $15, $1, $1, $ $3, $ $1, $10, % Equipment, Supplies and Other $74, $2, $ $2, $4, $2, $1, $18, % TRAVEL: $60, $3, $3, $2, $1, $5, $1, $26, % STAFF TRAINING: $7, $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $ % CONTRACTUAL EXPENSES: $430, $24, $31, $37, $3, $24, $16, $196, % General Counsel $111, $12, $4, $13, $0.00 $12, $9, $73, % FY Survey, Reporting, and Other Services $299, $11, $21, $22, $3, $11, $6, $116, % Audit Services $20, $0.00 $6, $1, $0.00 $0.00 $0.00 $7, % TOTALS: $1,365, $92, $96, $101, $67, $87, $74, $773, % EDUCATION SERVICES: $365, $11, $22, $11, $0.00 $48, $0.00 $140, % FLCCOC Executive Council Meeting May 12, 2011 Page 29 of 125

30 CCOC BUDGET - Suggested Revised 10/11 Budget Fiscal Year July 1, June 30, 2011 Approved 10/11 Budget Suggested Revised 10/11 Budget STAFF: $688, STAFF: $688, Executive Director $118, Executive Director $118, Budget Director $98, Budget Director $98, Information Systems Coordinator $69, Information Systems Coordinator $69, Senior Budget Manager $78, Budget Manager $78, Budget Manager II $39, Budget Manager $39, Budget Manager I $32, Budget Manager $32, Executive Assistant $39, Executive Assistant $39, Internal Revenue (Corporation responsibility) $50, Internal Revenue (Corporation responsibility) $50, Retirement, Benefits, Workers Comp $162, Retirement, Benefits, Workers Comp $162, OPS: $30, OPS: $30, GENERAL EXPENSES: $149, GENERAL EXPENSES: $134, $15, Rent & Utilities $60, Rent & Utilities $55, $5, Communications included internet and phone $15, Communications included internet and phone $15, Equipment / Supplies / Other (incl Meeting Exp) $74, Equipment / Supplies / Other (incl Meeting Exp) $64, $10, TRAVEL: $60, TRAVEL: $60, STAFF TRAINING: $7, STAFF TRAINING: $3, $4, CONTRACTUAL EXPENSES: $430, CONTRACTUAL EXPENSES: $381, $49, General Counsel $111, General Counsel $111, Survey / Report Services / Other Services $299, Survey / Report Services / Other Services $259, $40, Audit Services $20, Audit Services $11, $9, EDUCATION Services $365, EDUCATION Services $342, $22, Overall Budget $1,730, Overall Budget $1,640, $90, FLCCOC Executive Council Meeting May 12, 2011 Page 30 of 125

31 CCOC BUDGET - Suggested Revised 10/11 Budget Fiscal Year July 1, June 30, 2011 Suggested Revised 10/11 Budget Proposed 11/12 Budget STAFF: $688, STAFF: $676, Executive Director $118, Executive Director $118, Budget Director $98, Budget Director $98, Information Systems Coordinator $69, Information Systems Coordinator $69, Senior Budget Manager $78, Budget Manager $78, Budget Manager II $39, Budget Manager $39, Budget Manager I $32, Budget Manager $32, Executive Assistant $39, Executive Assistant $39, Internal Revenue (Corporation responsibility) $50, Internal Revenue (Corporation responsibility) $50, Retirement, Benefits, Workers Comp $162, Retirement, Benefits, Workers Comp $150, $12, OPS: $30, OPS: $30, GENERAL EXPENSES: $134, GENERAL EXPENSES: $134, $0.00 Rent & Utilities $55, Rent & Utilities $55, $0.00 Communications included internet and phone $15, Communications included internet and phone $15, Equipment / Supplies / Other (incl Meeting Exp) $64, Equipment / Supplies / Other (incl Meeting Exp) $64, $0.00 TRAVEL: $60, TRAVEL: $60, STAFF TRAINING: $3, STAFF TRAINING: $5, $2, CONTRACTUAL EXPENSES: $381, CONTRACTUAL EXPENSES: $379, $2, General Counsel $111, General Counsel $111, Survey / Report Services / Other Services $259, Survey / Report Services / Other Services $257, $2, Audit Services $11, Audit Services $11, $0.00 EDUCATION Services $342, EDUCATION Services $354, $12, Overall Budget Note: Original 10/11 Budget was $1,730,586. $1,640, Overall Budget $1,640, $0.00 This is a 5.2% reduction. FLCCOC Executive Council Meeting May 12, 2011 Page 31 of 125

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33 Agenda Item #4 Corporation Long Range Program Plan May 12, 2011 FLCCOC Executive Council Meeting FLCCOC Executive Council Meeting May 12, 2011 Page 33 of 125

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35 Memorandum Honorable Richard Weiss Polk County Chair To: CCOC Executive Council Members Honorable Bob Inzer Leon County Vice Chairman Honorable Sharon Bock Palm Beach County Secretary/Treasurer Honorable John Crawford Nassau County Honorable Mitch Needelman Brevard County Honorable Harvey Ruvin Miami-Dade County Honorable Buddy Irby Alachua County Honorable Tim Sanders Madison County Honorable Joseph Farina Judge From: John Dew Date: May 7, 2011 Re: Agenda Item #4: Corporation Long Range Program Plan (LRPP) The Corporation is required by law to submit to the Governor s Office a LRPP yearly. The members of the Corporation approved the first LRPP at the 2010 June Annual Meeting. The LRPP and executive summary is found on pages of the Finance and Budget Committee Meeting packet. An additional year of 2016/17 was added to the LRPP. Mr. Weiss asks that the Corporation members review the draft document and provide any recommendations to the CCOC office. He will also be seeking suggestions from various committees of the Council. The LRPP will come before the Executive Council and the Corporation for a final review and approval in June. Senate Honorable Pat Frank Hillsborough County House Honorable Lydia Gardner Orange County Joe Boyd General Counsel John Dew Executive Director Barrington Circle Tallahassee, Florida Phone: Fax: FLCCOC Executive Council Meeting May 12, 2011 Page 35 of 125

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37 Agenda Item #5 Report from Finance and Budget Committee May 12, 2011 FLCCOC Executive Council Meeting FLCCOC Executive Council Meeting May 12, 2011 Page 37 of 125

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39 Memorandum Honorable Richard Weiss Polk County Chair To: CCOC Executive Council Members Honorable Bob Inzer Leon County Vice Chairman Honorable Sharon Bock Palm Beach County Secretary/Treasurer Honorable John Crawford Nassau County Honorable Mitch Needelman Brevard County Honorable Harvey Ruvin Miami-Dade County Honorable Buddy Irby Alachua County Honorable Tim Sanders Madison County Honorable Joseph Farina Judge Senate Honorable Pat Frank Hillsborough County House Honorable Lydia Gardner Orange County From: John Dew Date: May 7, 2011 Re: Agenda Item #5: Report from Finance and Budget Committee The Finance and Budget Committee will meet on May 9 th. The meeting packet is found online at by clicking on the Finance and Budget Workshop located on the right side of the page under the Latest News section. (We will bring copies for you to the Council meeting if you don t want to print off the packet as it is large!) Mr. Inzer, as Chairman of the Finance and Budget Committee and staff will provide a report at the Executive Council meeting along with recommendations on the budgets for Clerks for the remainder of SFY 10/11 and for SFY 11/12. Also issues on the budget process for SFY 12/13 will be presented. Any revised or new documents from that meeting will be provided to the Council members once they are developed. Please call me if you have any questions about the Finance and Budget Committee meeting packet. Joe Boyd General Counsel John Dew Executive Director Barrington Circle Tallahassee, Florida Phone: Fax: FLCCOC Executive Council Meeting May 12, 2011 Page 39 of 125

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41 Agenda Item #6 Update on Clerks Trust Fund May 12, 2011 FLCCOC Executive Council Meeting FLCCOC Executive Council Meeting May 12, 2011 Page 41 of 125

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43 Memorandum Honorable Richard Weiss Polk County Chair To: CCOC Executive Council Members Honorable Bob Inzer Leon County Vice Chairman Honorable Sharon Bock Palm Beach County Secretary/Treasurer Honorable John Crawford Nassau County Honorable Mitch Needelman Brevard County Honorable Harvey Ruvin Miami-Dade County Honorable Buddy Irby Alachua County From: John Dew Date: May 7, 2011 Re: Agenda Item #6: Update on Clerk s Trust Fund for SFY 10/11 Attached is the latest information on the balance of the Clerks of Court Trust Fund. The bottomline shows a projected deficit of nearly $40 million dollars when the Corporation pays the required 8% Administrative Trust Fund fee and loan received from the State. However the Legislature approved putting dollars into the Clerks Trust Fund to resolve this deficit. Please call me if you have any questions about the Trust Fund. Honorable Tim Sanders Madison County Honorable Joseph Farina Judge Senate Honorable Pat Frank Hillsborough County House Honorable Lydia Gardner Orange County Joe Boyd General Counsel John Dew Executive Director Barrington Circle Tallahassee, Florida Phone: Fax: FLCCOC Executive Council Meeting May 12, 2011 Page 43 of 125

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45 Agenda Item #6 $449 Budget COC Trust Fund SFY (2).xlsx Clerk Balance Sheet EC Date Description Credit Debit Balance 1-Jul-10 Cash Carry Forward $ 1,973, ,973, Loan $ 18,807, ,781, July (1) 2 week $ 18,807, ,973, Jul-10 June Actual Collections $ 38,319, ,292, July (2) 2 week $ 18,807, ,485, July Foreclosure $ 299, ,185, Aug-10 Aug (1) 2 weeks $ 18,807, ,377, Aug-10 July Actual Collections $ 36,995, ,373, Aug (2) 2 weeks $ 18,807, ,566, Aug Foreclosure $ 299, ,266, Aug-10 SFY 0910 Settle-Up $ 9,900, ,166, SFY 0910 Q4 Service Charge $ 9,715, ,450, Sep-10 Sept (1) 2 weeks $ 18,807, ,643, Sep-10 August Actual Collections $ 39,594, ,238, Sept (2) 2 weeks $ 18,807, ,430, Sept Foreclosure $ 292, ,138, Oct Foreclosure $ 291, ,846, Oct-10 Oct (1) 2 weeks $ 18,807, ,038, Oct-10 Sep Actual Collections $ 39,097, ,136, Oct (2) 2 weeks $ 18,807, ,328, Nov Foreclosure $ 291, ,037, Nov-10 Nov (1) 2 weeks $ 18,807, ,230, Nov-10 Oct Actual Collections $ 35,164, ,395, Nov (2) 2 weeks $ 18,807, ,587, Dec Foreclosure $ 291, ,296, Nov-10 SFY 1011 Q1 Service Charge 20,296, Dec-10 Dec (1) 2 weeks $ 18,807, ,488, Dec-10 Nov Actual Collections $ 32,315, ,803, Dec (2) 2 weeks $ 18,807, ,996, Jan Foreclosure $ 291, ,705, Jan-11 Jan (1) 1 week $ 9,403, ,301, Jan-11 Jan (2) 1 week $ 9,403, (4,102,404.97) 10-Jan-11 Dec Actual Collections $ 32,064, ,962, Jan (3) 2 weeks $ 18,807, ,154, Feb Foreclosure $ 291, ,863, Feb-11 SFY 1011 Q1 Service Charge 8,863, Feb-11 Feb (1) 1 week $ 9,403, (540,330.18) 1-Feb-11 Feb (2) 2 weeks $ 18,807, (19,347,843.22) 10-Feb-11 Jan Actual Collections $ 34,071, ,723, Feb (3) 1 week $ 9,403, ,320, Mar Foreclosure $ 291, ,028, Feb-11 SFY 1011 Q2 Service Charge 5,028, Mar-11 Mar (1) 1 week $ 9,403, (4,375,006.48) 10-Mar-11 February Actual Collections $ 36,274, ,899, Mar (2) 1 week $ 9,403, ,496, Mar (3) 2 weeks $ 18,807, ,688, Apr Foreclosure $ 291, ,397, Apr-11 Apr (1) 1 week $ 9,403, (6,006,356.19) Apr (2) 1 week $ 9,403, (15,410,112.70) 10-Apr-11 March Actual Collections $ 40,102, ,692, Apr (3) 1 week $ 9,403, ,288, Apr (4) 1 week $ 9,403, ,884, May Foreclosure $ 333, ,550, May-11 May (1) 1 week $ 9,403, (3,852,841.69) 10-May-11 *April Projected Collections $ 35,600, ,747, May (2) 1 week $ 8,560, ,186, May (3) 2 weeks $ 17,121, ,064, Jun-11 June (1) 2 weeks $ 17,121, (11,057,340.17) 10-Jun-11 *May Projected Collections $ 35,600, ,542, June Foreclosure $ 333, ,208, June (2) 2 weeks $ 17,121, ,087, Jun-11 Loan Payment $ 18,807, (11,720,490.29) 30-Jun-11 SFY 1011 Q1 Service Charge $ 10,081, (21,802,424.29) 30-Jun-11 SFY 1011 Q2 Service Charge $ 9,000, (30,802,424.29) 30-Jun-11 SFY 1011 Q3 Service Charge $ 9,000, (39,802,424.29) Total $ 465,883, $ 505,685, Projection/Actual Bi-weekly distribution to Clerks based on available revenue- ***Amount decreased to $449,080,312 *Collections of $35.6 million monthly based on Estimating Conference numbers from February 2011 Actuals input as reported on monthly EC reports Monthly distribution of annual $3.6 million Foreclosure recovery (13 counties opted out of initiative) SFY Settle-up as reported on Clerks' June EC reports SFY Q1-Q3 Service Charge Average $9 million/quarter 5/8/ :48 AM S:\May EC Meeting\Agenda Item #6 $449 Budget COC Trust Fund SFY (2).xlsx FLCCOC Executive Council Meeting May 12, 2011 Page 45 of 125

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47 Agenda Item #7 Update on Auditor General s Audit of Clerks May 12, 2011 FLCCOC Executive Council Meeting FLCCOC Executive Council Meeting May 12, 2011 Page 47 of 125

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49 Memorandum Honorable Richard Weiss Polk County Chair To: CCOC Executive Council Members Honorable Bob Inzer Leon County Vice Chairman Honorable Sharon Bock Palm Beach County Secretary/Treasurer Honorable John Crawford Nassau County Honorable Mitch Needelman Brevard County Honorable Harvey Ruvin Miami-Dade County Honorable Buddy Irby Alachua County Honorable Tim Sanders Madison County From: John Dew Date: May 7, 2011 Re: Agenda Item #7: Update on Audit of Clerks In March I was contacted by Ms. Marilyn Rosetti from the Office of the Auditor General notifying us that they would be doing a follow-up to the collections audit they conducted a couple of years ago. Since mid March the auditors have visited several Clerk offices as well as received information from our office. Ms. Rosetti has agreed to be available via the phone during the Council meeting to answer any questions Council members may have concerning the scope of the audit and when the audit should be concluded. Honorable Joseph Farina Judge Senate Honorable Pat Frank Hillsborough County House Honorable Lydia Gardner Orange County Joe Boyd General Counsel John Dew Executive Director Barrington Circle Tallahassee, Florida Phone: Fax: FLCCOC Executive Council Meeting May 12, 2011 Page 49 of 125

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51 Agenda Item #8 PIE Committee Update May 12, 2011 FLCCOC Executive Council Meeting FLCCOC Executive Council Meeting May 12, 2011 Page 51 of 125

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53 Memorandum Honorable Richard Weiss Polk County Chair Honorable Bob Inzer Leon County Vice Chairman Honorable Sharon Bock Palm Beach County Secretary/Treasurer Honorable John Crawford Nassau County Honorable Mitch Needelman Brevard County Honorable Harvey Ruvin Miami-Dade County Honorable Buddy Irby Alachua County Honorable Tim Sanders Madison County Honorable Joseph Farina Judge Senate Honorable Pat Frank Hillsborough County House Honorable Lydia Gardner Orange County To: From: CCOC Executive Council Members Doug Isabelle Date: May 2, 2011 Re: Agenda Item #8a: Update on Guidelines for Reopen Cases and Prior Year Clerk Activity The CCOC Reopen Case work group met 9 times via telephone from January through May for the purpose of developing the business rules for reporting reopened and open cases. See attached draft rules for opening and reopening cases (Attachment A) and Clerks prior year activity (Attachment B). The work group is in the final stages of drafting these business rules. As directed by the Executive Council, the next phase will be to conduct a series of webinars to solicit input from Clerk offices around the state. These webinars will be organized based on peer groups and are scheduled for the week of May 23 through May 27. The goal is to provide the business rules to the PIE Committee in early June and using approved business rules and guidelines test the data results to bring back for further discussion before including in the SFY budget instructions. Staff is providing this information as a status report and no decision is necessary. Joe Boyd General Counsel John Dew Executive Director Barrington Circle Tallahassee, Florida Phone: Fax: FLCCOC Executive Council Meeting May 12, 2011 Page 53 of 125

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55 ATTACHMENT A COURT-RELATED PERFORMANCE MEASURES OPEN AND REOPEN CASES PURPOSE: Revised June 2011 Section 28.35(2)(d), F.S., requires the Corporation to develop and certify a uniform system of performance measures and applicable performance standards for the functions specified in paragraph (3)(a) and the service unit costs required in s , F.S., and measures for clerk performance in meeting the performance standards. The intent of the below definitions and instructions is to assist Clerks in identifying and projecting new and reopen cases, and for identifying workload in non-srs type cases, like appeals to the District Courts of Appeal and Florida Supreme Court, for the budget and monthly reporting to the CCOC. DEFINITIONS: Performance Measure A quantitative or qualitative indicator used to assess a Clerk s service delivery performance. Output Measure the number of some item used in a quantitative fashion such as the number of cases filed, by Court Division, as identified by the Clerk s Office New Civil Case An action initiated by a filed petition, complaint, or any other initial pleading. This also includes an appeals case received in the Circuit Court from a Notice of Appeal in the County Civil or Criminal Court. New Criminal Case An action brought against an individual (defendant) charged with committing a crime resulting in an arrest, a notice to appear, a complaint filed by a law enforcement officer, an information filed by the state attorney, a criminal Uniform Traffic Citation (UTC), or an indictment returned by the Grand Jury. Each co-defendant represents a separate case. New Criminal Traffic Case A Uniform Traffic Citation (UTC) filed. New Civil Traffic Case A Uniform Traffic Citation (UTC) filed. Reopening Includes cases previously reported as disposed which have proceedings that are reactivated. This includes violations of probation/community control. Do not include Notices of Appeal. Notice of Appeal Number of Notices of Appeal that have been filed in the lower court, (County to Circuit or Circuit to District/Supreme). INSTRUCTIONS FOR COUNTING CASES FILED: Include all cases filed in your office as described below regardless of whether they are reportable under SRS rules. Do not include cases set up solely as a result of an optional program as defined in the budget instructions for example; teen court or drug court. Item 8a attach(1) - DRAFT Open - Reopen - Close Rules May Page 1 of 19 FLCCOC Executive Council Meeting May 12, 2011 Page 55 of 125

56 Jimmy Ryce: Include Jimmy Ryce cases in whichever court division the cases are filed in your county. New Appeal Cases: Do count the new AP case at the circuit level under new cases in whichever court division the AP case is processed. Additional Information: During the initial implementation of Revision 7, Article V, it was determined that the most consistent method of counting Criminal Traffic cases was to count the number of Uniform Traffic Citations (UTCs) filed. This was because some counties file Criminal Traffic cases as one UTC per case, while the others include multiple UTCs arising out of the same incident in one case. It was also determined that Felony and Misdemeanor cases should be captured at the case level, not the count level, and therefore if a UTC was a count within a Felony or Misdemeanor case, there would not be a separate count for that UTC. (The exception would be if the UTC had originally been filed in Criminal Traffic and later consolidated into the Felony or Misdemeanor case. In this instance, it would be appropriate to count the UTC in Criminal Traffic as work had been performed in that division.) NOTE: An optional worksheet that is provided as part of the CCOC budget process and is included at the end of the document. The worksheet assists in identifying and combining the cases that comprise the ten core service categories specified in F.S A list from that worksheet has been updated and is now incorporated as an Addendum to these rules. Item 8a attach(1) - DRAFT Open - Reopen - Close Rules May Page 2 of 19 FLCCOC Executive Council Meeting May 12, 2011 Page 56 of 125

57 CIRCUIT CRIMINAL NEW CASE: 1. Count the number of cases filed. 2. Include cases filed in your office regardless of whether an Information or Petition has been filed. 3. Multiple counts arising out of the same incident should be counted as one case. 4. If a defendant has multiple cases filed in the same month that arose out of different incidents, count each incident as a separate case. 5. Co-Defendants should each be counted separately as an individual case, (Example: 2010 CF A, 2010 CF B, 2010 CF C = 3 cases). 6. If a count in a circuit criminal case has an accompanying Criminal UTC, do not count the UTC in Criminal Traffic unless the UTC was originally filed in Criminal Traffic. If there is an accompanying Civil UTC that has been split off, do count the UTC under Civil Traffic. 7. Do not include Violations of Probation/Community Control as new cases. 8. Include appeal cases received in the Circuit Court from a Notice of Appeal in the County Court. CIRCUIT CRIMINAL WHAT WILL CLOSE A CASE: Note: Circuit Criminal cases are closed / disposed initially when all counts are addressed by the following examples: 1. Judgment of guilt, adjudicated guilty or adjudication withheld; 2. Found incompetent to stand trial; 3. Diversion program referral; 4. Nolle or no information filed; 5. Dismissal is entered; 6. Finding of not guilty; 7. Notice of Abatement; 8. Case consolidated/certified/transferred to another court jurisdiction; 9. Case Closed - Judicial Order; 10. Extradited - Out of State; 11. No True Bill by Grand Jury; 12. Stipulated Deportation. CIRCUIT CRIMINAL - REOPEN CRITERIA FOR OUTPUT MEASURE: 1. Include defendants with cases previously reported as disposed who have proceedings that are reactivated or resubmitted to the court; 2. Include motions and petitions filed subsequent to the disposition of the case; 3. Compliance Court - includes drug, mental health and collection court. Re-open these cases for each hearing; 4. Include cases remanded from an appellate court to the trial court for the purpose of entry of a proper judgment or decision, an evidentiary hearing, or a new trial; 5. Include cases filed for judicial action after being placed on a deferred prosecution or other pretrial probation program; 6. Include cases filed for judicial action after a defendant is declared mentally or physically unable to stand trial; 7. Include the number of violation of probation warrants served; 8. Include the number of post conviction relief motions filed. CIRCUIT CRIMINAL - WHAT CLOSES EACH REOPEN MOTION / ACTION: 1. Order Granting/Denying Post Conviction; Item 8a attach(1) - DRAFT Open - Reopen - Close Rules May Page 3 of 19 FLCCOC Executive Council Meeting May 12, 2011 Page 57 of 125

58 2. Order addressing the motion that re-opened the case; 3. Order on Violation of Probation; - reinstated/continued/extended/terminated. 4. Order resulting from Compliance Court or full payment made; - reduced to civil judgment, - converted to do community service, - entered into another payment plan. 5. Judicial order after defendant was declared mentally or physically unable to stand trial; 6. Judicial order after being placed on a deferred prosecution or other pretrial probation program. Item 8a attach(1) - DRAFT Open - Reopen - Close Rules May Page 4 of 19 FLCCOC Executive Council Meeting May 12, 2011 Page 58 of 125

59 COUNTY CRIMINAL NEW CASE: 1. Count the number of cases filed. 2. Include cases filed in your office regardless of whether an Information or Petition has been filed. 3. Multiple counts arising out of the same incident should be counted as one case. 4. If a defendant has multiple cases filed in the same month that arose out of different incidents, count each incident as a separate case. 5. Co-Defendants should each be counted separately as an individual case, (Example: 2010 MM A, 2010 MM B, 2010 MM C = 3 cases). 6. Do include municipal and county ordinance violations and non-criminal infractions in County Criminal, (MO, CO, and IN). 7. Include municipal/county parking violations when filed with a $10.00 filing fee and included in Article V funding. 8. If a count in a county criminal case has an accompanying Criminal UTC, do not count the UTC in Criminal Traffic unless the UTC was originally filed in Criminal Traffic. If there is an accompanying Civil UTC that has been split off, do count the UTC under Civil Traffic. 9. Do not include Violations of Probation/Community Control as new cases. 10. Direct contempt of court. COUNTY CRIMINAL WHAT WILL CLOSE A CASE: Note: County Criminal cases are closed / disposed initially when all counts are addressed by the following examples: 1. Judgment of guilt, adjudicated guilty or adjudication withheld; 2. Found incompetent to stand trial; 3. Diversion program referral; 4. Nolle or no information filed; 5. Dismissal is entered; 6. Finding of not guilty; 7. Notice of Abatement; 8. VOP affidavit withdrawn; 9. Post-conviction no action required; 10. Case consolidated/certified/transferred to another court jurisdiction; 11. Case Closed - No judicial or prosecutor action taken; 12. No True Bill by Grand Jury; 13. Contemptor found in Contempt. COUNTY CRIMINAL - REOPEN CRITERIA FOR OUTPUT MEASURE: 1. Include defendants with cases previously reported as disposed who have proceedings that are reactivated or resubmitted to the court; 2. Include motions and petitions filed subsequent to the disposition of the case; 3. Compliance Court - includes drug, mental health and collection court. Re-open these cases for each hearing; 4. Include cases remanded from an appellate court to the trial court for the purpose of entry of a proper judgment or decision, an evidentiary hearing, or a new trial; 5. Include cases filed for judicial action after being placed on a deferred prosecution or other pretrial probation program; 6. Include cases filed for judicial action after a defendant is declared mentally or physically unable to stand trial; 7. Include the number of violation of probation warrants served; 8. Include the number of post conviction relief motions filed. Item 8a attach(1) - DRAFT Open - Reopen - Close Rules May Page 5 of 19 FLCCOC Executive Council Meeting May 12, 2011 Page 59 of 125

60 COUNTY CRIMINAL - WHAT CLOSES EACH REOPEN MOTION / ACTION: 1. Order addressing the motion that re-opened the case; 2. Order on Violation of Probation; - reinstated/continued/extended/terminated 3. Order resulting from Compliance Court or full payment made; - reduced to civil judgment, - converted to do community service, - entered into another payment plan. 4. Judicial order after defendant was declared mentally or physically unable to stand trial; 5. Judicial order after being placed on a deferred prosecution or other pretrial probation program. Item 8a attach(1) - DRAFT Open - Reopen - Close Rules May Page 6 of 19 FLCCOC Executive Council Meeting May 12, 2011 Page 60 of 125

61 JUVENILE DELINQUENCY NEW CASE: 1. Count the number of cases filed. 2. Include cases filed in your office regardless of whether an Information or Petition has been filed. 3. Multiple counts arising out of the same incident should be counted as one case. 4. If a defendant has multiple cases filed in the same month that arose out of different incidents, count each incident as a separate case. 5. Co-Defendants should each be counted separately as an individual case, (Example: 2010 CJ A, 2010 CJ B, 2010 CJ C = 3 cases). 6. Do not include Violations of Probation/Community Control as new cases. 7. Do include Juvenile Delinquency cases that are transferred to your jurisdiction for supervision or disposition. 8. Do include Juvenile Delinquency cases that are subsequently referred to Teen Court, but do not count the Teen Court case as a separate case. JUVENILE DELINQUENCY WHAT WILL CLOSE A CASE: Note: Juvenile Delinquency cases are closed / disposed initially when all counts are addressed by the following examples: 1. No petition / nolle prosequi filed by the state; 2. Diversion program referral; 3. Order of delinquency disposition, adjudicated delinquent, adjudication withheld or a finding of not guilty; 4. Direct file to an adult court closes a case; 5. Case consolidated/certified/transferred to another court jurisdiction. JUVENILE DELINQUENCY - REOPEN CRITERIA FOR OUTPUT MEASURE: 1. Include juveniles with cases previously reported as disposed which are reactivated or resubmitted to the court; 2. Include cases filed for judicial action after being submitted to arbitration or mediation; 3. Include motions and petitions filed subsequent to the close of the case. Examples include but are not limited to: - Violations of probation, - Rule to show cause, - Motion to expunge/seal records, - Motion to transfer, - Motion for new trial, - Motion for extraordinary relief, - Motion for rehearing, - Violation of supervision, - Notification requiring judicial action, (example - pre-release notifications). 4. Compliance Court - includes drug, mental health and collection court. Re-open these cases for each hearing; 5. Report disposed cases originally transferred for the purpose of jurisdiction and supervision that require judicial action. JUVENILE DELINQUENCY - WHAT CLOSES EACH REOPEN MOTION / ACTION: 1. Order addressing the motion that re-opened the case; 2. Order on Violation of Probation; - reinstated/continued/extended/terminated. 3. Order resulting from Compliance Court or full payment made; Item 8a attach(1) - DRAFT Open - Reopen - Close Rules May Page 7 of 19 FLCCOC Executive Council Meeting May 12, 2011 Page 61 of 125

62 - reduced to civil judgment, - converted to do community service, - entered into another payment plan. 4. Judicial order after defendant was declared mentally or physically unable to stand trial; 5. Judicial order after being placed on a deferred prosecution or other pretrial probation program. Item 8a attach(1) - DRAFT Open - Reopen - Close Rules May Page 8 of 19 FLCCOC Executive Council Meeting May 12, 2011 Page 62 of 125

63 CRIMINAL TRAFFIC - NEW CASE: 1. Count the number of Uniform Traffic Citations (UTC) filed in Criminal Traffic cases. 2. Do not include UTCs that were filed as a count in a circuit or county criminal case. CRIMINAL TRAFFIC WHAT WILL CLOSE A CASE: Note: Criminal Traffic cases are closed / disposed initially when all counts are addressed by the following examples: 1. Judgment of guilt, adjudicated guilty or adjudication withheld; 2. Found incompetent to stand trial; 3. Diversion program referral; 4. Nolle or no information filed; 5. Dismissal is entered; 6. Finding of not guilty; 7. Notice of Abatement. CRIMINAL TRAFFIC - REOPEN CRITERIA FOR OUTPUT MEASURE: 1. Include each UTC previously reported as disposed which has proceedings that are reactivated or resubmitted to the court; 2. Include motions and petitions filed subsequent to the disposition of the case that cause a UTC to be resubmitted to the Court. If there are multiple UTCs in the case, count each UTC that the motion/petition refers to; 3. Compliance Court - includes collection court. Re-open these cases for each hearing; 4. Include UTCs remanded from an appellate court to the trial court for the purpose of entry of a proper judgment or decision, an evidentiary hearing, or a new trial. If there are multiple UTCs in the case, count each UTC included in the remand; 5. Include UTCs filed for judicial action after being placed on a deferred prosecution or other pretrial probation program. If there are multiple UTCs in the case, count each UTC included in the action; 6. Include UTCs filed for judicial action after the defendant was declared mentally or physically unable to stand trial. If there are multiple UTCs in the case, count each applicable UTC; 7. Include the number of UTCs for which the defendant has been placed on probation but has violated one or more conditions of that probation and is being brought back before the court. If there are multiple UTCs in the case, count each UTC that the violation applies to; 8. Include the number of post conviction relief motions filed disputing the sentence received for a law violation written on a UTC. If there are multiple UTCs in the case, count each UTC included in the motion. CRIMINAL TRAFFIC - WHAT CLOSES EACH REOPEN MOTION / ACTION: 1. Order addressing the motion that re-opened the case; 2. Order on Violation of Probation; - reinstated/continued/extended/terminated. 3. Order resulting from Compliance Court or full payment made; - reduced to civil judgment, - converted to do community service, - entered into another payment plan. 4. Judicial order after defendant was declared mentally or physically unable to stand trial; 5. Judicial order after being placed on a deferred prosecution or other pretrial probation program. Item 8a attach(1) - DRAFT Open - Reopen - Close Rules May Page 9 of 19 FLCCOC Executive Council Meeting May 12, 2011 Page 63 of 125

64 CIRCUIT CIVIL NEW CASE: 1. Count the number of cases filed. 2. Include appeal cases received in the Circuit Court from a Notice of Appeal in the County Court. 3. Do include Medical Extensions if a court case is created. 4. Do include Transfers of Lien to Security if a court case is created. 5. Do include Civil Contempt for Failing to Appear for Jury Duty. CIRCUIT CIVIL WHAT WILL CLOSE A CASE: Note: Circuit Civil cases are closed by the following examples: 1. Order of stipulation or stipulation filed by both parties; 2. Judgment is entered; 3. Dismissal is entered; 4. Voluntary Dismissal; 5. Consolidation Orders; 6. Transfer Venue Orders; 7. Suggestion of Bankruptcy; 8. Specific case actions/case types, for example all foreign judgments are closed immediately after opening; medical extension cases are opened and closed; possessory liens are opened / closed. CIRCUIT CIVIL -REOPEN CRITERIA FOR OUTPUT MEASURE: 1. Include cases previously reported as disposed which are reactivated or resubmitted to the court for action; 2. Include rehearings and all motions and petitions filed in cases previously reported as disposed where judicial action may be involved; 3. Include the enforcement and modification of previous judgments or decisions. Examples include but are not limited to; - Motion for writ of garnishment, - Motion for writ of attachment, - Modification of final judgment, - Enforcement due to non-payment, - Motion for writ of possession, - Motion to show cause, - Motion to vacate final judgment, - Motion for new trial, - Motion for contempt. 4. Include stipulations/conditional judgments that are not successfully completed and are reactivated requiring judicial action; 5. Include cases that resulted in a default judgment that are later reactivated; 6. Include cases dismissed without prejudice which are later reactivated; 7. Include contempt proceedings brought against the defendant or plaintiff held subsequent to the close of the case; 8. Include Foreign Judgments if the case is brought before the court for enforcement, modification, or a contested action. CIRCUIT CIVIL - WHAT CLOSES EACH REOPEN MOTION / ACTION: 1. Order entered on the motion that addresses the re-open. Item 8a attach(1) - DRAFT Open - Reopen - Close Rules May Page 10 of 19 FLCCOC Executive Council Meeting May 12, 2011 Page 64 of 125

65 COUNTY CIVIL NEW CASE: 1. Count the number of cases filed. 2. Motor Vehicle Repair Act. COUNTY CIVIL WHAT WILL CLOSE A CASE: Note: County Civil cases are closed / disposed initially by the following examples: 1. Order of stipulation or stipulation filed by both parties; 2. Judgment is entered; 3. Dismissal is entered; 4. Voluntary Dismissal; 5. Consolidation Orders; 6. Transfer Venue Orders; 7. Suggestion of Bankruptcy ( if one defendant on case); 8. Specific case actions/case types, for example all foreign judgments are closed immediately after opening; medical extension cases are opened and closed; possessory liens are opened / closed. COUNTY CIVIL - REOPEN CRITERIA FOR OUTPUT MEASURE: 1. Include cases previously reported as disposed which are reactivated or resubmitted to the court for action; 2. Include rehearings and all motions and petitions filed in cases previously reported as disposed where judicial action may be involved; 3. Include the enforcement and modification of previous judgments or decisions; Examples include but are not limited to: - Motion for writ of garnishment, - Motion for writ of attachment, - Motion and order to show cause, - Motion to vacate final judgment, - Motion for new trial, - Petition to modify final judgment. 4. Include stipulations/conditional judgments that are not successfully completed and are reactivated requiring judicial action; 5. Include cases that resulted in a default judgment that are later reactivated; 6. Include cases dismissed without prejudice which are later reactivated; 7. Include contempt proceedings brought against the defendant or plaintiff held subsequent to the close of the case; 8. Include eviction cases previously reported as disposed upon judgment for possession, that are subsequently brought back to court to address other issues (such as rent owed); 9. Include Foreign Judgments if the case is brought before the court for enforcement, modification, or a contested action. COUNTY CIVIL - WHAT CLOSES EACH REOPEN MOTION / ACTION: 1. Order entered on the motion that addresses the re-open. Item 8a attach(1) - DRAFT Open - Reopen - Close Rules May Page 11 of 19 FLCCOC Executive Council Meeting May 12, 2011 Page 65 of 125

66 PROBATE - NEW CASE 1. Count the number of cases filed. 2. Include Wills on Deposit, Petitions to Open Safe Deposit Box, Caveats, Pre-need Guardianships, and Notices of Trust. 3. Include subsequent Mental Health petitions filed on the same respondent. PROBATE WHAT WILL CLOSE A CASE: Note: Probate cases are closed / disposed initially by the following examples: 1. Estates - non-formal cases the closing order matches the petition; 2. Petition for summary administration - the closing order is an order of summary administration; 3. Petition for disposition of personal property without administration - the closing order is the order of disposition of personal property without administration; 4. Stand-alone petition to determine homestead - the closing order would be an order determining homestead - not to be confused with a petition to determine homestead filed in either a formal admin or a summary admin in which the order determining homestead would not close the estate case, (also be called an order granting the original petition); 5. Mental health (incapacity) case - order determining incapacity or dismissing case; 6. Marchman or baker exam or assessment case - order requiring the assessment or examination or dismissal; 7. Treatment / commitment case - order requiring treatment or commitment or dismissal; 8. Jimmy Ryce case - commitment order or dismissal; 9. Guardianship case - appointment of the guardian or dismissal; 10. All cases, final order entered stating case closed; 11. Formal administration / order of discharge or dismissal; 12. Mental Health case - Voluntary Commitment; 13. Wills on Deposit, Caveats, Pre-need Guardianships, and Notices of Trust are closed when filed. PROBATE - REOPEN CRITERIA FOR OUTPUT MEASURE: 1. Include cases previously reported as disposed which are reactivated or resubmitted to the court for action; 2. Include rehearings and all motions and petitions filed in cases previously reported as disposed where judicial action may be involved; 3. Include the enforcement and modification of previous judgments or decisions; 4. Include substance abuse and involuntary commitment cases which are returned to the court if the individual is still in treatment; 5. Include annual judicial reviews of guardianship accountings and plans; 6. Examples include, but are not limited to, the following: - Motion for rehearing, - Motion for attorney s fees, - Modification of final order, - Motion to seal file, - Motion to amend or vacate order, - Suggestion of capacity, - Order to show cause, - Petition for authorization to act, - Petition for interim review, - Petition for elective share, - Petition for family allowance, - Petition to reopen estate, - Petition to sell personal property, - Petition to sell real estate, Item 8a attach(1) - DRAFT Open - Reopen - Close Rules May Page 12 of 19 FLCCOC Executive Council Meeting May 12, 2011 Page 66 of 125

67 - Petition for subsequent administration, - Petition for appointment of successor, personal representative/guardian, - Petition for discharge, - Motion to w/d attorney (GA), - Petition for payment of fees (attorney or guardian), - Annual plans & accountings (GA). PROBATE - WHAT CLOSES EACH REOPEN MOTION / ACTION: 1. Order entered on the motion that addresses the re-open. Item 8a attach(1) - DRAFT Open - Reopen - Close Rules May Page 13 of 19 FLCCOC Executive Council Meeting May 12, 2011 Page 67 of 125

68 FAMILY NEW CASE: 1. Count the number of cases filed. 2. Include administrative support orders. FAMILY WHAT WILL CLOSE A CASE: Note: Family Civil cases are closed / disposed initially by the following examples: 1. Order of stipulation or stipulation filed by both parties; 2. Judgment is entered; 3. Dismissal is entered; 4. Voluntary dismissal; 5. Consolidation orders; 6. Administrative support orders, closed when filed; 7. Transfer venue orders. FAMILY - REOPEN CRITERIA FOR OUTPUT MEASURE: 1. Include cases previously reported as disposed which are reactivated or resubmitted to the court for action; 2. Include rehearings and all motions and petitions filed in cases previously reported as disposed where judicial action may be involved; 3. Include modifications of previous judgments or decisions. Examples include but are not limited to modifications relating to: - A change in the amount of child support, - A change in residential status of a child, - The conditions or length of visitation days of a non-resident parent. 4. Include Uniform Interstate Family Support Act (UIFSA) petitions and foreign judgments in which the initial support issue or other complaint matter has already been determined, and modification or enforcement arises; 5. Include the enforcement of previous judgments or decisions. Examples include but are not limited to: - Motion to enforce judgment, - Motion and order to show cause, - Motion to enforce visitation, - Motion to contest, - Motion for contempt. 6. Include stipulations/conditional judgments that are not successfully completed and are reactivated requiring judicial action; 7. Include contempt proceedings brought against the defendant or plaintiff held subsequent to the close of the case; 8. Include cases that resulted in a default judgment that are later reactivated; 9. Include cases dismissed without prejudice which are later reactivated. FAMILY - WHAT CLOSES EACH REOPEN MOTION / ACTION: 1. Order entered on the motion that addresses the re-open. Item 8a attach(1) - DRAFT Open - Reopen - Close Rules May Page 14 of 19 FLCCOC Executive Council Meeting May 12, 2011 Page 68 of 125

69 JUVENILE DEPENDENCY NEW CASE: (Items 1-5 follow SRS Guidelines) Note: New cases can start with any of the following petitions; however do not count any subsequent petitions filed in the original case as a new case. 1. Dependency Petition; 2. Shelter Hearing Petition; 3. Termination of Parental Rights Petition; 4. Adoption Petition (Arising out of Chapter 39); 5. CINS/FINS; 6. Parental Notice of abortion; 7. Truancy; 8. Transferred from other jurisdiction; 9. Disabilities of nonage minors (pursuant to ). Note: When a subsequent petition is filed adding additional children, count as a new case or a reopen but not both. JUVENILE DEPENDENCY WHAT WILL CLOSE A CASE: Note: Juvenile Dependency cases are closed / disposed initially by the following examples: 1. Voluntary dismissal filed by Department of Children and Families; 2. Order dismissing petition; 3. Adjudication order of withheld or adjudicated dependent; 4. Order of Transfer; 5. Termination of parental rights order if child not previously adjudicated dependent. You report only one disposition when you have a petition with multiple children named. If you have more than one disposition (multiple children listed on the petition), you report the disposition that occurs first. It is not uncommon to have multiple dispositions on dependency cases. You may have a disposition for the mother, but the father is not handled until way later in the proceedings. Once that father is found and the case proceeds to another disposition, that disposition is not reported because it was reported at the time the case went to disposition for the mother. It is rare to have separate dispositions because the children are disposed at different times. JUVENILE DEPENDENCY - REOPEN CRITERIA FOR OUTPUT MEASURE: 1. Include motions or petitions filed subsequent to the disposition of a case. Examples include but are not limited to petitions or motions for: - Extraordinary relief, - Re-hearings, - Medical or psychiatric treatment, - Change of custody, - Order to show cause, - Attorney s fees, - Non-fulfillment of performance agreement, - Judicial Review, - Petition for Shelter filed subsequent to the disposition of the case. 2. Include cases transferred for jurisdiction/supervision purposes if they are reactivated or resubmitted to the court. JUVENILE DEPENDENCY - WHAT CLOSES EACH REOPEN MOTION / ACTION: 1. Order entered on the motion that addresses the re-open. Item 8a attach(1) - DRAFT Open - Reopen - Close Rules May Page 15 of 19 FLCCOC Executive Council Meeting May 12, 2011 Page 69 of 125

70 CIVIL TRAFFIC NEW CASES: (TR CASE ISSUED ON A UTC) 1. Count the number of Uniform Traffic Citations (UTC) filed. 2. Include parking tickets when written on a UTC. CIVIL TRAFFIC - WHAT WILL CLOSE AN INFRACTION CASE: 1. A civil traffic infraction is closed when ALL of the following conditions are met: - An adjudication has been entered, - All assessments have been paid in full, - All proof requirements have been completed / entered / satisfied, - Successful completion of school if applicable, - All conditions of the Court have been satisfied if applicable. Note: Pursuant to Traffic court rules (Rule 6.575), infractions with an outstanding of unsatisfied D-6 shall be considered disposed of 7 years after the submission of the D-6. Item 8a attach(1) - DRAFT Open - Reopen - Close Rules May Page 16 of 19 FLCCOC Executive Council Meeting May 12, 2011 Page 70 of 125

71 APPEALS NEW CASE: (AP CASE TYPES) COUNTY TO CIRCUIT: (AP CASE TYPES) 1. Do count the new AP case at the circuit level under new cases in whichever court division the AP case is processed. 2. Do not count as a reopen; however if the decision is reversed by the appellate court and sent back to the lower court for a new hearing, do count as a reopen in the lower court at that time. APPEALS (COUNTY TO CIRCUIT APPEALS) WHAT WILL CLOSE A CASE: Note: AP cases are closed / disposed initially when all counts are addressed by the following: 1. Voluntary dismissal; 2. Court dismissal; 3. Opinion (mandate after 15 days); 4. Referral to a higher court. APPEALS (COUNTY TO CIRCUIT APPEALS) REOPEN CRITERIA FOR OUTPUT MEASURE: 1. Motion for reconsideration; 2. Motion for attorneys fees. APPEALS (COUNTY TO CIRCUIT APPEALS - WHAT CLOSES EACH REOPEN MOTION / ACTION: 1. Order entered on the motion that addresses the re-open. NOTE: NOTICE OF APPEALS - AS A SEPARATE WORKLOAD MEASURE COUNT AS FOLLOWS: 1. Do count the notice of appeal filed in the county court as a notice of appeal; 2. Do count the notice of appeal filed in the circuit court as a notice of appeal; 3. Do not count as a reopen in the lower court; however if the decision is reversed by the appellate court and sent back to the lower court for a new hearing, do count as a reopen in the lower court at that time as a notice of appeal. FOR EXAMPLE: A notice of appeal filed in the county court: 1. Count a Notice of Appeal in county court. 2. Count the AP case as a new case in circuit court. A Notice of appeal filed in the circuit court: 1. Count a Notice of Appeal in circuit court. 2. As no AP case is created, no new case is counted. This represents two distinct workload measures: the processing of the notice of appeal in the lower court and the new case created when the appeal goes from county to circuit court. Item 8a attach(1) - DRAFT Open - Reopen - Close Rules May Page 17 of 19 FLCCOC Executive Council Meeting May 12, 2011 Page 71 of 125

72 County Criminal Circuit Criminal CORE SERVICE WORKSHEET Core Services Uniform Case No Court Type Designation Description CF Capital Murder CF Non-Capital Murder CF Sexual Offenses CF Robbery CF Other Crimes Against Persons CF Burglary Circuit Civil CF Theft, Forgery, Fraud CF Worthless Checks CF Other Crimes Against Property CF Drugs CF Other Felony Offenses AP Appeals (Received from County Court) CF Felony Actions where no Information or Indictment filed CF Extradition/fugitives CF Criminal Contempt Other MM Misdemeanors MM Worthless Checks CO County Ordinances MO Municipal Ordinances MM Criminal Contempt IN Boating Violations IN Game and Fish Violations IN Tobacco Violations Other Juvenile - Delinquency CJ Delinquency Complaints Transfers to your Jurisdiction (for Disposition or Supervision) Criminal Traffic CT Criminal Traffic (UTC) CA Professional Malpractice CA Product Liability CA Auto Negligence CA Other Negligence CA Condominium CA Contract and Indebtedness CA Eminent Domain Parcels CA Mortgage Foreclosures AP Appeals (Received from County Court only) CA Jimmy Ryce Act (If filed in CA) CA Medical Extensions (include if court case created) CA Application for Voluntary Binding Arbitration CA Civil Contempt (Juror failure to appear) CA Transfer of liens to security (If court case created, include) Other Item 8a attach(1) - DRAFT Open - Reopen - Close Rules May Page 18 of 19 FLCCOC Executive Council Meeting May 12, 2011 Page 72 of 125

73 Core Services County Civil Civil Traffic Juvenile Dependency Family Probate Uniform Case No Court Type Designation SC Small Claims (up to $5,000) CC Civil (5,001 to $15,000) CC CC CC CC CC TR TR CP CP/GA CP MH MH MH MH CP CP CP CP CP DR DR DR DR DR DR DR DR DR DP DP DP DP Replevins Evictions Other Civil (non-monetary) Motor Vehicle Repair Act Mortgage Foreclosures Other Civil Traffic Violations (UTC) Description Municipal/County Parking Violations when $10 filing fee paid Probate Guardianship Trust Baker Act (Florida Mental Health Act) Substance Abuse (Hal Marchman Act) Other Social Jimmy Ryce Act (If filed in MH) Wills on Deposit Petitions to Open Safe Deposit Box Caveats Notices of Trust Pre-need Guardianship Other Simplified Divorce Dissolution Child Support UIFSA/URESA Domestic, Dating, and Repeat Violence Other Domestic Relations Registration of Foreign Custody Order Adoptions Home Study Administrative Support Orders UIFSA Registration Cases Other Dependency Proceedings Truancy CINS/FINS (Children/Families in Need of Services) Termination of Parental Rights Petitions DP Adoption Petitions (Arising out of Chapter 39) DP Parental Notice Other Item 8a attach(1) - DRAFT Open - Reopen - Close Rules May Page 19 of 19 FLCCOC Executive Council Meeting May 12, 2011 Page 73 of 125

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75 ATTACHMENT B CLERK PRIOR YEAR ACTIVITY DRAFT Guidelines 1. Clerk Prior Year Activity from 07/01 06/30 of the previous year a. Clerk prior year activity represents cases filed in a prior year that had activity during the stated time period. b. Regardless of whether a case is open, reopened, closed or disposed for SRS purposes, a case with activity is one that has had a pleading filed, a receipt processed, or a progress docket entry made within the previous year. c. An active case is not a pending case as defined by SRS. d. A case is not active if the only activity during the previous year is: i. A progress docket entry showing a mass judge reassignment. ii. A progress docket entry made to indicate that files are destroyed, purged, imaged, relocated, etc. 2. This does not address the closing of cases; refer to the separate CCOC business rules. For time periods to consider a case active clerk workload, the following items were considered: 1. Clerk work initial document issuance, docket entries, scanning, and collections after close/disposition. 2. Dismissed Failure to Prosecute actions on civil cases see references below. 3. Administrative closures on traffic and criminal cases. Assumptions: 1. These guidelines are meant to capture when the BULK of Clerk work is done, not all of it. 2. As noted in the definition above, the focus is on pleadings filed, receipts processed, and docket entries made. Clearly there is work on the phone, in person, etc., but for this draft, we have assumed that these hard-to-count activities lead to a docket entry, receipt, etc. 3. CCIS v. 2 could accomplish these functions once deployed in all counties. References: 1. Fla. R. Civ. P (e) 2. Fla. Sm. Cl. R (e) 3. Fla. R. Jud. Admin Rev.: 05/02/2011 Page 1 of 1 FLCCOC Executive Council Meeting May 12, 2011 Page 75 of 125

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77 Memorandum Honorable Richard Weiss Polk County Chair Honorable Bob Inzer Leon County Vice Chairman Honorable Sharon Bock Palm Beach County Secretary/Treasurer Honorable John Crawford Nassau County Vacant Honorable Harvey Ruvin Miami-Dade County Honorable Buddy Irby Alachua County Honorable Tim Sanders Madison County Honorable Joseph Farina Judge Senate Honorable Pat Frank Hillsborough County House Honorable Lydia Gardner Orange County Joe Boyd General Counsel John Dew Executive Director Barrington Circle Tallahassee, Florida Phone: Fax: To: From: CCOC Executive Council Members Doug Isabelle Date: May 4, 2011 Re: Item #8b: Review and Approval of SFY Q 2 CAP (October 2010 through December 2010) Section 28.35(2)(d), F.S. states that the corporation shall develop measures and performance standards and when it finds a Clerk has not met the performance standards, the corporation shall identify the nature of each deficiency and any corrective action recommended and taken by the affected Clerk of the Court. The corporation shall notify the Legislature and the Supreme Court of any Clerk not meeting performance standards and provide a copy of any corrective action plans. The SFY quarter 2 (October 2010 through December 2010) Executive Summary Report and each Clerk s corrective action plans are attached (See ATTACHMENT 1). The number of Clerk offices requiring corrective action plans this quarter was 61. The same number of Clerk offices required corrective action plans for Quarter 4 (July 2010 through September 2010). Most corrective action plans were for not meeting one or more collection standards. Fifty-six (56) Clerk offices required a corrective action plan for collections. This is a decrease of 2 offices from the previous quarter. Most collection problems continue to be with civil traffic as the number of corrective action plans increased from 38 to 43 from the last quarter. Clerk s performance for timeliness has not seen any improvements. There were the same number of Clerk offices (19) needed corrective action plans for not filing cases timely this quarter and the prior quarter. And the same number of Clerk offices (23) needed corrective action plans for not docketing case filings timely this quarter and the prior quarter. Most of the improvements in both timeliness measures were in the circuit civil court divisions. This is not unexpected as the volume of foreclosure filings slowed from prior quarters. However, due to continued staff shortages office-wide other court division s performances worsen. (SEE ATTACHMENT 2) The PIE Committee, per their approval at their February 2011 meeting, is recommending approval of the SFY Qt 2 CAP s and that the Summary be forwarded to the Supreme Court, and Legislature as required by statutes and post the results on the CCOC website. FLCCOC Executive Council Meeting May 12, 2011 Page 77 of 125

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79 Quarterly Performance Measure and Corrective Action Plans Report Section 28.35(2)(d) Florida Statutes State Quarter Two FY (October 1, 2010 through December 31, 2010) March 2011 (Revised 4/12/11) FLCCOC Executive Council Meeting May 12, 2011 Page 79 of 125

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81 EXECUTIVE SUMMARY Section (2) (d), F.S. states that the corporation shall develop measures and performance standards and when it finds a Clerk has not met the standards, the corporation shall identify the nature of each deficiency and any corrective action recommended and taken by the affected Clerk of the Court. This report, provided for SQ21011 (Oct 1 Dec 31, 2010), includes the information regarding collections, timeliness and juror management and identifies each Clerk s Office not meeting the performance standard for each. (See attachment for the county s corrective action plans) In addition, this report contains factors that may have contributed to the standard not being met and a list of each corrective action that is being taken by Clerks to work towards compliance, when available. Six Clerks met 100% of all performance measures for this time period, they are: Franklin Levy Nassau St Johns Wakulla Walton Quarter Two SFY report consisted of collections, timeliness and juror payments. 61 Clerks offices were contacted regarding 203 corrective action plans; 104 for collections, 95 for timeliness and 4 for juror payments. 2 FLCCOC Executive Council Meeting May 12, 2011 Page 81 of 125

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83 COLLECTIONS There are four control groups that are tracked during each state fiscal year for collections. See table one below, showing the time period for each control group s data captured, data tracked and the naming convention provided for each control group, which coordinates with the reporting quarter - period end for the state fiscal year. Table One Collections Control Group Structure Date Range Control Group Data Captured Date Range Control Group Data Tracked Control Group Naming Jul. 1, 2009 thru Sep. 30, 2009 Jul. 1, 2009 thru Sep. 30, 2010 SQ11011 Oct.1, 2009 thru Dec. 31, 2009 Oct.1, 2009 thru Dec.31, 2010 SQ21011 Jan.1, 2010 thru Mar. 31, 2010 Jan.1, 2010 thru Mar.31, 2011 SQ31011 Apr.1, 2010 thru Jun. 30, 2010 Apr.1, 2010 thru Jun.30, 2011 SQ41011 The collections control group reported here was originally assessed from October 1, 2009 through December 31, This control group s data has been tracked for five quarters to show what was collected from October 1, 2009 through December 31, There are nine divisions, of which collections are measured. See list below. Court Division Performance Standard Annual Collection Rate Circuit Criminal 9% County Criminal 40% Juvenile Delinquency 9% Criminal Traffic 40% Circuit Civil 90% County Civil 90% Circuit Probate 90% Family 75% Civil Traffic 90% 3 FLCCOC Executive Council Meeting May 12, 2011 Page 83 of 125

84 Table two shows 11 Clerk offices met the standard in all 9 court divisions (100%). It is also noted in table two that 56 Clerk offices did not meet 100% of the standard. 56 Clerk offices needed 104 corrective action plans. Following table two, see the list of counties who met 100% of the performance standard for collections. Table Two Number of Counties meeting standards Quarter 100% (9 of 9) 90% (8 of 9) 80% (7 of 9) 70% (6 of 9) 60% and below (5 or less) SQ Counties that met 100% of Performance Standards for Collections SQ Bradford Glades St Johns Clay Levy Suwannee Marion Wakulla Franklin Nassau Walton Table three shows that the civil traffic program is the program with the most Clerk offices not meeting the standard with 43, followed by circuit criminal at 29, then county criminal at 22; both within the criminal program. Table Three Number of Corrective Action Plans Required - Collections Criminal Program Civil Program Civil Traffic Program Quarter Circuit Criminal County Criminal Juv.Del. Criminal Traffic Circuit Civil County Civil Probate Family Civil Traffic SQ FLCCOC Executive Council Meeting May 12, 2011 Page 84 of 125

85 Counties Responded 56 Division / Reasons Not Meeting Collections Standard 104 Circuit Criminal 29 Economy 9 Incarcerations 12 Maximum Fine 4 Late/Non-Pay/Pay plans 3 System Issues 1 Civil Traffic 43 Economy 27 Late/Non-Pay/Pay plans 9 Questions Standard 3 Staffing 1 System Issues 1 Other 2 County Criminal 22 Economy 11 Late/Non-Pay/Pay plans 6 Staffing 2 System Issues 2 Other 1 Criminal Traffic 2 Economy 2 Family 1 Late/Non-Pay/Pay plans 1 Juvenile Delinquency 4 Other 1 Overall Reasons Economy 3 County Civil 2 Economy % Late/Non-Pay/Pay plans 1 Staffing 3 2.9% Other 1 Maximum Fine 4 3.8% Probate 1 Systems Issues 4 3.8% Economy 1 Incarcerations % Questions Standard 3 2.9% Late/Non-Pay/Pay plans % Other 5 4.8% Totals % 5 FLCCOC Executive Council Meeting May 12, 2011 Page 85 of 125

86 TIMELINESS There are two types of timeliness performance measures reported percentage of new cases opened within x business days after initial documents are clocked in; and dockets entered within x business days after court action taken. During fiscal year timeliness performance standards are reported quarterly. Table 3 Timeliness Date Range Timeliness Date Range Jul. 1, 2010 thru Sep. 30, 2010 Oct.1, 2010 thru Dec.31, 2010 Jan.1, 2011 thru Mar.31, 2011 Apr.1, 2011 thru Jun.30, 2011 Quarter SQ11011 SQ21011 SQ31011 SQ41011 Timeliness: Requires 4 quarterly reports for 2 performance measures; Time1 - filing new cases, and Time2 - docketing court decisions. Court Division Timeliness for New Cases Filed Timeliness for Docketing Circuit Criminal 80%-2 bus. days 80%-3 bus. days County Criminal 80%-3 bus. days 80%-3 bus. days Juvenile Delinquency 80%-2 bus. days 80%-3 bus. days Criminal Traffic 80%-3 bus. days 80%-3 bus. days Circuit Civil 80%-2 bus. days 80%-3 bus. days County Civil 80%-2 bus. days 80%-3 bus. days Circuit Probate 80%-2 bus. days 80%-3 bus. days Family 80%-3 bus. days 80%-3 bus. days Juvenile Dependency 80%-2 bus. days 80%-3 bus. days Civil Traffic 80%-4 bus. days 80%-4 bus. days 6 FLCCOC Executive Council Meeting May 12, 2011 Page 86 of 125

87 Timeliness 1 Table Four, shows that 48 Clerk offices met 100% of the new case filing timeliness standard for all 10 court divisions. 19 Clerk offices did not meet 100%; 19 Clerk offices needed corrective action plans for the court divisions not meeting the standards within timeliness 1. Following table four, see the list of Clerks offices who met 100% of the performance standard for timeliness 1. Table Four Timeliness #1 Number of Clerk Offices Meeting Filing Standard FY % (10 of 10) 90% (9 of 10) 80% (8 of 10) 70% (7 of 10) 60% or below (more than 7) SQ Counties that met 100% of Performance Standards for Timeliness1 SQ21011 Alachua Dade Gulf Lafayette Nassau Seminole Baker Desoto Hamilton Lake Okaloosa Sumter Bay Dixie Hardee Lee Orange Taylor Broward Duval Hendry Leon Pasco Union Charlotte Escambia Hernando Levy Pinellas Volusia Indian Citrus Franklin River Marion Polk Wakulla Clay Gadsden Jackson Martin St. Johns Walton Collier Gilchrist Jefferson Monroe Sarasota Washington Table five shows corrective action plans needed by court division. There were 29 corrective action plans needed for 19 Clerk offices for the timeliness 1 performance measure; 14 within criminal programs, 11 within civil programs and 4 within civil traffic. Table Five Timeliness #1 Number of Corrective Action Plans Needed Criminal Court Program FY Circuit Criminal County Criminal Juvenile Delinquency 7 Criminal Traffic Total Criminal Program SQ Civil Court Program FY Circuit Civil County Civil Probate Family Juvenile Dependency Total Civil Program SQ Civil Traffic Court Program FY Traffic SQ FLCCOC Executive Council Meeting May 12, 2011 Page 87 of 125

88 Counties Responded Division / Reasons Not Meeting Timeliness 1 Standard 29 Circuit Civil 1 Staffing 1 Juvenile Dependency 3 Systems Issue 1 Staffing 2 Circuit Criminal 3 Other 1 Staffing 2 Civil Traffic 4 Staffing 3 Systems Issue 1 County Criminal 4 Other 1 Systems Issue 1 Staffing 2 Criminal Traffic 3 Other 1 staffing 2 Family 2 Staffing 2 Juvenile Delinquency 4 Other 1 Systems Issue 1 Staffing 2 County Civil 1 Staffing 1 Probate 4 Staffing 2 procedural 1 Systems Issue 1 Overall Reasons Staffing % Procedural 1 3.4% other % Systems Issues % Totals % 8 FLCCOC Executive Council Meeting May 12, 2011 Page 88 of 125

89 Timeliness 2 Table Six shows that 44 Clerk offices met 100% of the docketing timeliness standard for all 10 court divisions. 23 Clerk offices did not meet 100%; 23 Clerk offices needed corrective action plans for the court divisions not meeting the standard for timeliness 2. Following table six, see the list of Clerks offices who met 100% of the performance standard for timeliness 1. Table Six Timeliness #2 Number of Clerk Offices Meeting Docketing Standard FY % (10 of 10) 90% (9 of 10) 80% (8 of 10) 70% (7 of 10) 60% or below (more than 7) SQ Counties that met 100% of Performance Standards for Timeliness2 SQ Alachua Dade Gilchrist Jackson Martin Polk Taylor Baker Desoto Glades Lafayette Monroe Sarasota Union Bay Duval Gulf Lee Nassau Seminole Volusia Bradford Escambia Hamilton Leon Okaloosa St Johns Wakulla Citrus Franklin Hernando Levy Okeechobee Sumter Walton Collier Gadsden Highlands Liberty Orange Suwannee Washington Brevard St Lucie Table Seven shows the corrective action plans needed by court division for timeliness two. There were 66 corrective action plans issued to 23 Clerks for the timeliness 2 performance measure; 30 within criminal programs, 35 within civil programs and 1 in civil traffic. Table Seven Timeliness #2 Number of Corrective Action Plans Needed Criminal Court Program FY Circuit Felony County Misdemeanor Juvenile Delinquency Criminal Traffic Total Criminal Program SQ Civil Court Program FY Circuit Civil County Civil Probate Family Juvenile Dependency Total Civil Program SQ FY Civil Traffic Court Program Traffic SQ FLCCOC Executive Council Meeting May 12, 2011 Page 89 of 125

90 Counties Responded Division / Reasons Not Meeting Timeliness 2 Standard 66 Circuit Civil 11 System Issues 2 Staffing 9 Juvenile Dependency 3 System Issues 1 Staffing 2 Circuit Criminal 9 Staffing 7 System Issues 2 Civil Traffic 1 System Issues 1 County Criminal 7 System Issues 1 Staffing 6 Criminal Traffic 10 Staffing 7 System Issues 2 Other 1 Family 8 Staffing 6 System Issues 2 Juvenile Delinquency 4 System Issues 1 Other 1 Staffing 2 County Civil 5 System Issues 1 Staffing 4 Probate 8 System Issues 2 Staffing 6 Overall Reasons Staffing % Systems Issues % Other 2 3.0% Totals % 10 FLCCOC Executive Council Meeting May 12, 2011 Page 90 of 125

91 JURY PAYMENTS PROCESSED Juror payments processed standard is the number of jurors that are paid timely for their jury service. The standard to meet is 100%, per Chapter Florida Statutes and/or Rules of Judicial Administration. Jurors must be paid within 20 days after completion of jury service. The juror payment activity is reported quarterly. Juror Payment Processing: Requires 4 quarterly reports. Report Frequency Payment Processing Standard October through December 100% January through March 100% April through June 100% July through September 100% Table eight shows that 63 Clerk offices met the standard for the reporting period. Following table eight, see the list of Clerks offices who met 100% of the performance standard for processing juror payments. 4 Clerk offices needed corrective action plans. Table Eight Total Number of Clerks processing juror payments timely FY Number of clerks meeting the 100% standard Percentage of clerks meeting 100% standard SQ Counties that met 100% of Performance Standards for Juror Payments SQ Alachua Columbia Glades Indian River Madison Palm Beach St Lucie Baker Dade Gulf Jackson Manatee Pasco Sumter Bay Desoto Hamilton Jefferson Marion Pinellas Suwannee Bradford Dixie Hardee Lafayette Martin Polk Taylor Broward Duval Hendry Lake Nassau Putnam Union Calhoun Escambia Hernando Lee Okaloosa Santa Rosa Volusia Citrus Flagler Highlands Leon Okeechobee Sarasota Wakulla Clay Franklin Hillsborough Levy Orange Seminole Walton Collier Gilchrist Holmes Liberty Osceola St Johns Washington 11 FLCCOC Executive Council Meeting May 12, 2011 Page 91 of 125

92 Counties Responded 4 Reasons Not Meeting Juror Payment Standard 4 Juror Payments 4 procedural 4 Overall Reasons Procedural % Totals % 12 FLCCOC Executive Council Meeting May 12, 2011 Page 92 of 125

93 ATTACHMENT CONSOLIDATED CORRECTIVE ACTION PLAN REPORT State Fiscal Year Q OCT DEC 2010 Collections: Assessments made from October 1, 2009 through December 31, 2009 and collections tracked through December 31, Timeliness: Percentage of new cases opened and cases docketed within x business days from October 1, 2010 through December 31, Juror payment processing: Percentage of jurors paid within 20 days after completion of jury service from October 1, 2010 through December 31, FLCCOC Executive Council Meeting May 12, 2011 Page 93 of 125

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95 COUNTY Performance Performance Measure CCOC Clerk Current Current Measure Type Standard Performance Reasons Not Met Actions to Improve ALACHUA Collections County Criminal 40% 37.6% Economy Customers affected by the overall economy, high countywide unemployment, Collection up - collection agency. BAKER Collections Circuit Criminal 9% 1.2% Incarcerations I see no improvement in the future as long as the courts assess mandatory fines/costs that are high along with prison sentences. We also D6 their license on Civil Judgments. BAKER Collections Criminal Traffic 40% 33.5% Economy We have set up payment plans and D6 their driver license. This is the first time we have not met collection performance in this category. BAKER Collections Civil Traffic 90.0% 83.4% Economy Our office D6 the citations weekly and remits the outstanding citations to the collection agency monthly. BAY Collections Circuit Criminal 9% 8.5% Economy As the economy improves so will our collections. BAY Collections County Criminal 40% 36.6% Economy As the economy improves so will our collections. BAY Collections Civil Traffic 90% 89.2% Economy As the economy improves so will our collections. BREVARD Collections County Criminal 40% 26.9% Economy As stated for previous CAPs in Civil Traffic, Brevard's rate of unemployment is the highest it has been in 20 years. The retirement of the shuttle program is causing large scale layoffs at the Space Center, which affects collection efforts. We continue to evaluate all collection efforts to ensure every opportunity for collections is taken. BREVARD Collections Civil Traffic 90% 83.1% Economy As stated for previous CAPs in Civil Traffic, Brevard's rate of unemployment is the highest it has been in 20 years. The retirement of the shuttle program is causing large scale layoffs at the Space Center, which affects collection efforts. We continue to evaluate all collection efforts to ensure every opportunity for collections is taken. BREVARD Timeliness1 County Civil 80.0% 77.1% Staffing We improved 7.1% from the last reporting period and have met our performance measures for Circuit Civil and Probate. We will continue to evaluate staff resources and procedural improvements. BREVARD Juror Pmt 100.0% 99.9% Procedural The three untimely payments were a result of jurors being transferred from one reporting period to another for a jury selection in September. Our legacy system required the juror data to be re-entered upon the jurors being transferred. BRADFORD Timeliness 1 Civil Traffic 80% 73.5% Staffing Two employees handling over 16,000 tickets a year. They and a third employee are putting in overtime hours to try to meet performance standards BROWARD Collections Circuit Criminal 9% 6.43% Economy Broward anticipates sending cases with delinquent payments to a collection agency within 180 days. BROWARD Collections Juvenile Delinquency 9% 4.59% Economy Broward is updating its case maintenance system in Juvenile which is necessary for the office to send cases with delinquent payments to a collection agency. SQ CAP Responses 4/8/11 FLCCOC Executive Council Meeting May 12, 2011 Page 95 of 125

96 COUNTY Performance Measure Type Performance Measure CCOC Standard Clerk Performance Current Reasons Not Met Current Actions to Improve BROWARD Collections Civil Traffic 90% 83.20% Economy Broward is meeting with its collection agency each quarter to review collection data and identify steps that would improve collection rates. BROWARD Timeliness2 Circuit Criminal 80% 64.20% Staffing Budget cuts resulting in less staff, a hiring freeze, little overtime and mandatory furloughs limit any actions to significantly improve timeliness at this time. BROWARD Timeliness2 Circuit Civil 80% 34.70% Staffing Waiting for budget to improve so that we can hire additional employees BROWARD Timeliness2 County Civil 80% 58.40% Staffing Waiting for budget to improve so that we can hire additional employees BROWARD Timeliness2 Probate 80% 73.60% Staffing Budget cuts resulting in less staff, a hiring freeze, little overtime and mandatory furloughs limit any actions to significantly improve timeliness at this time. BROWARD Timeliness2 Family 80% 53.30% Staffing Waiting for budget to improve so that we can hire additional employees CALHOUN Collections Civil Traffic 90% 82.60% Economy Will continue to suspend licenses and turn over due accounts to collection agency. CALHOUN Timeliness1 County Criminal 80% 52.60% Staffing We have one clerk to handle this department. We will continue to cross train employees to assist when workload is high. However staff is limited. By the 5th day we had met the standard. CALHOUN Timeliness 2 Circuit Criminal 80% 77.70% Staffing The Circuit Criminal clerk is the same one as the Juvenile Delinquency. We will continue to cross train employees to assist when workload is high. However staff is limited. By the 4th day we had met the standard. CALHOUN Timeliness2 County Criminal 80% 77.50% Staffing We have one clerk to handle this department. We will continue to cross train employees to assist when workload is high. However staff is limited. By the 4th day we had met the standard. CALHOUN Timeliness2 Juvenile Delinquency 80% 68.00% Staffing The Circuit Criminal clerk is the same one as the Juvenile Delinquency. We will continue to cross train employees to assist when workload is high. However staff is limited. By the 6th day we had met the standard. CHARLOTTE Collections Civil Traffic 90% 87.65% Economy New Software has a collection module that should improve corrections CHARLOTTE Timeliness2 Circuit Criminal 80% 69.70% Systems learning curve on new software to be installed this month. CHARLOTTE Timeliness2 Criminal Traffic 80.0% 76.00% Systems learning curve on new software to be installed this month. CHARLOTTE Juror Pmt 100.0% 99.80% Procedural clerical error. CITRUS Collections Circuit Criminal 9% 4.37% Maximum Fine Maximum fine on three drug trafficking cases, defendant is not incarcerated, payment will not be made for years. SQ CAP Responses 4/8/11 FLCCOC Executive Council Meeting May 12, 2011 Page 96 of 125

97 COUNTY Performance Measure Type Performance Measure CCOC Standard Clerk Performance Current Reasons Not Met Current Actions to Improve CLAY Timelliness2 County Criminal 80% 66.1% Staffing A staff member who was on extended leave will be moved to another department upon return. She has been replaced in this department. Our performance measure should improve in the next quarter. CLAY Timelliness2 Criminal Traffic 80% 71.3% Staffing We have reduced one staff member in this area. We will evaluate our work processes to identify opportunities for improvement. Should see an improvement in next quarter. COLLIER Collections Circuit Criminal 9% 1.89% Incarcerations Collier County suspends the driver license of those who are released from probation without paying their fines and costs, as well as others not on probation who owe fines and costs. In addition, we have held discussions with probation to provide whatever assistance we can to aid their collection efforts. Collier County has a very active process of capturing those few fines and costs from defendants who are not placed on probation. Collier County currently has two collection agencies working to collect past due balances. We have been collecting on average $73,000 per month of past due balances. The collections agencies will continue working with these outstanding amounts (particularly the circuit criminal) to resolve the balances as they are released from incarceration. In the last two quarterly reports we have had an increase in the amounts being collected in our circuit criminal cases largely due to the collection agencies. If collections continue in the next quarter at the current pace, we expect to meet the standards. We are also working with the probation department to ensure the best method for collection of these outstanding debts. COLUMBIA Collections County Criminal 40% 39.38% Economy We will attempt to send more of these past due amounts to collections, however staffing is an issue that will hinder these efforts. COLUMBIA Timeliness 1 Civil Traffic 80% 79.3% Staffing In the future we will make a better attempt to cover this department with employees from other areas. COLUMBIA Timeliness 2 Circuit Criminal 80.0% 77.3% Staffing In the future we will make a better attempt to cover this department with employees from other areas. COLUMBIA Timeliness 2 County Criminal 80.0% 76.4% Staffing In the future we will make a better attempt to cover this department with employees from other areas. DADE Collections Circuit Criminal 9% 6.27% Late/Non-pay/Pay Plans We are continuing to review collection options in order to improve collections DADE Collections County Criminal 40% 15.09% Economy We continue to work with our collection agencies in an effort to improve collections. SQ CAP Responses 4/8/11 FLCCOC Executive Council Meeting May 12, 2011 Page 97 of 125

98 COUNTY Performance Measure Type Performance Measure CCOC Standard Clerk Performance Current Reasons Not Met Current Actions to Improve DADE Collections Civil Traffic 90.0% 69.08% Late/Non-pay/Pay Plans We are continuing to send notices requesting payment for court ordered assessments to the responsible party, and are working with our collection agencies to improve collection efforts. DESOTO Collections Circuit Criminal 9% 6.0% Maximum Fine DESOTO Collections County Criminal 40% 30.4% Late/Non-pay/Pay Plans Continue to phone & send reminders about payments due. DESOTO Collections County Civil 90.0% 86.1% Other Many cases filed by DOC & Jimmy Ryce detainees with no way to enforce collection. DESOTO Collections Civil Traffic 90.0% 88.7% Economy DIXIE Collections Civil Traffic 90% 85.88% Economy We constantly look for ways to improve our collections any suggestions would be great DIXIE Timeliness 2 Circuit Criminal 80% 65.10% staffing We will monitor staffing needs and see if additional staff are needed DIXIE Timeliness 2 County Civil 80.0% 69.60% staffing We will monitor staffing needs and see if additional staff are needed DUVAL Collections Circuit Criminal 9% 7.61% Economy Maintain timely sharing of payment delinquency with our external collection agency. DUVAL Collections County Criminal 40% 27.52% Economy Maintain timely sharing of payment delinquency with our external collection agency. DUVAL Collections Civil Traffic 90.0% 85.43% Economy Maintain timely sharing of payment delinquency with our external collection agency. ESCAMBIA Collections Circuit Criminal 9% 5.0% Maximum Fine Over $1.561 million of the $2.678 million in fines assessed during this period were issued on 9 drug trafficking cases. If this cases are eliminated, our collection rate would have been 11.86% ESCAMBIA Collections Civil Traffic 90% 86.9% Economy Closely monitoring payment plans. If monthly payment are not made, D-6 case and send to collections FLAGLER Collections Civil Traffic 90% 82.7% Economy Continued efforts in timely referral to collection agency will be continued. FLAGLER Timeliness1 Juvenile Delinquency 80% 63.2% Staffing Lack of resources for staffing has resulted in a shift in workload to existing staff. Adjustments are being incorporated to address deficiencies in this area. FLAGLER Timeliness2 Juvenile Delinquency 80% 70.2% Staffing Lack of resources for staffing has resulted in a shift in workload to existing staff. Adjustments are being incorporated to address deficiencies in this area. FLAGLER Timeliness2 Family 80% 79.0% Systems Implementation of new software created a burden on time and staff. These issues should be resolved moving forward. FLAGLER Timeliness2 Juvenile Dependency 80% 68.2% Staffing Lack of resources for staffing has resulted in a shift in workload to existing staff. Adjustments are being incorporated to address deficiencies in this area. GADSDEN Collections Circuit Criminal 9% 8.71% Economy We will continue to attempt to meet the standard utilizing the limited resources we have at our disposal. SQ CAP Responses 4/8/11 FLCCOC Executive Council Meeting May 12, 2011 Page 98 of 125

99 COUNTY Performance Measure Type Performance Measure CCOC Standard Clerk Performance Current Reasons Not Met Current Actions to Improve GADSDEN Collections County Criminal 40% 35.05% Economy We will continue to attempt to meet the standard utilizing the limited resources we have at our disposal. GADSDEN Collections Juvenile Delinquency 9.0% 0.12% Other We will continue to attempt to meet the standard utilizing the limited resources we have at our disposal. GADSDEN Collections Civil Traffic 90.0% 80.77% Questions Standard We will continue to attempt to meet the standard but we still believe the standard is too high. GADSDEN Juror Pmt 100.0% 95.7% Procedural A venire was missed being paid. This was human error, we work very hard to ensure this standard is met and will continue to do so. GILCHRIST Collections Circuit Criminal 9% 1.5% economy Our office will continue to provide payment options including payment plans. We continue to use collections agency's and request assistance from the court on compliance issues. GILCHRIST Collections County Criminal 40% 16.8% economy Our office will continue to provide payment options including payment plans. We continue to use collections agency's and request assistance from the court on compliance issues. GILCHRIST Collections Criminal Traffic 40.0% 17.7% economy Our office will continue to provide payment options including payment plans. We continue to use collections agency's and request assistance from the court on compliance issues. GILCHRIST Collections Civil Traffic 90.0% 88.3% economy Our office will continue to provide payment options including payment plans. We continue to use collections agency's and request assistance from the court on compliance issues. GLADES Timeliness1 Circuit Criminal 80% 75.3% Staffing We had an unusually high caseload in December and the Clerk has assumed Probate responsibilities also. She is still in the learning process. GLADES Timeliness1 Probate 80% 77.8% Staffing The Clerk that handles Probate also has the responsibility of Circuit Criminal. There was an unusually high caseload in December. She is still in the learning phase for Probate, GULF Collections Juvenile Delinquency 9% 6.25% ECONOMY PARENTS UNABLE TO PAY DUE TO ECONOMY. JUVENILES GIVEN UP TO 1 YR TO WORK OFF COURT COSTS/FINES. GULF Collections Civil Traffic 90% 89.51% ECONOMY WITH HOLIDAYS PEOPLE WERE UNABLE TO PAY TRAFFIC FINES AND EXTENSIONS WERE GIVEN TO PAY. NEXT QUARTER SHOULD BE BETTER. HAMILTON Collections Civil Traffic 90% 84.52% Other None HARDEE Collections County Criminal 40% 37.23% Economy We continue to do everything to receive payment. We suspend Driver's License if ordered and send to collections. Assessments are not being paid, because of economic conditions. Courts placing assessments on lien. SQ CAP Responses 4/8/11 FLCCOC Executive Council Meeting May 12, 2011 Page 99 of 125

100 COUNTY Performance Measure Type Performance Measure CCOC Standard Clerk Performance Current Reasons Not Met Current Actions to Improve HARDEE Collections Civil Traffic 90% 89.34% Economy We continue to do everything to receive payment. We suspend Driver's License if ordered and send to collections. Assessments are not being paid, because of economic conditions. HARDEE Timeliness2 County Criminal 80% 74.00% Staffing Vacancy position and juggling time off with one department down. HARDEE Timeliness2 Criminal Traffic 80% 79.20% Staffing Vacancy position and juggling time off with one department down. HENDRY Collections Civil Traffic 90% 87.98% Late/Non-pay/Pay Plans N/A. The state mandates that community hours be allowed. HENDRY Timeliness 2 County Criminal 80% 78.2% Late/Non-pay/Pay Plans N/A. The state mandates that community hours be allowed. HENDRY Timeliness 2 Criminal Traffic 80.0% 78.8% Late/Non-pay/Pay Plans N/A. The state mandates that community hours be allowed. HERNANDO Collections Circuit Criminal 9% 8.19% Incarcerations We put the defendant's projected date of release in our system and send them to collection if they do not pay once they are released from incarceration. HIGHLANDS Collections County Criminal 40% 29.44% Late/Non-pay/Pay Plans Have a meeting set to contract with a new Collection Agency to proceed with collections on our MM and TT cases with outstanding fines/fees/court costs. HIGHLANDS Timeliness1 Juvenile Dependency 80% 70.60% Staffing Our one dependency Clerk was out due to illness. Have instructed manager to keep an eye on intake of new cases when employees are out for extended leave. HILLSBOROUGH Collections Circuit Criminal 9% 1.30% Incarcerations We continue to pursue collections internally. HILLSBOROUGH Collections County Criminal 40% 27.77% Economy We continue to pursue collections internally and refer cases to outside collection agencies. HILLSBOROUGH Collections Civil Traffic 90.0% 80.85% Economy Will begin to refer to outside collection agencies. HILLSBOROUGH Timeliness1 Probate 80.0% 0.00% systems Unable to report at this time due to system issues - should be resolved next period HILLSBOROUGH Timeliness1 Family 80.0% 77.60% Staffing Staffing issues continue to be problematic. HILLSBOROUGH Timeliness2 Circuit Civil 80.0% 77.00% Staffing Staffing issues continue to be problematic. HILLSBOROUGH Timeliness2 Probate 80.0% 0.0% systems Unable to report at this time due to system issues - should be resolved next period HILLSBOROUGH Timeliness2 Family 80.0% 79.4% Staffing Staffing issues continue to be problematic. HOLMES Collections County Criminal 40% 34.62% Systems working with programmers to correct HOLMES Collections Civil Traffic 90% 89.51% Systems working with programmers to correct also In-house collection letters HOLMES Timeliness 1 Circuit Criminal 80% 75.70% Other A delay in receipt of paperwork from Law enforcement has resulted in a request to provide paperwork timely-- currently to no avail HOLMES Timeliness 1 County Criminal 80% 74.60% Other A delay in receipt of paperwork from Law enforcement has resulted in a request to provide paperwork timely-- currently to no avail SQ CAP Responses 4/8/11 FLCCOC Executive Council Meeting May 12, 2011 Page 100 of 125

101 COUNTY Performance Measure Type Performance Measure CCOC Standard Clerk Performance Current Reasons Not Met Current Actions to Improve HOLMES Timeliness 1 Juvenile Delinquency 80% 42.90% Other A delay in receipt of paperwork from Law enforcement has resulted in a request to provide paperwork timely-- currently to no avail HOLMES Timeliness 1 Criminal Traffic 80% 78.70% Other A delay in receipt of paperwork from Law enforcement has resulted in a request to provide paperwork timely-- currently to no avail HOLMES Timeliness 2 Circuit Criminal 80% 61.80% Other A delay in receipt of paperwork from Law enforcement has resulted in a request to provide paperwork timely-- currently to no avail HOLMES Timeliness 2 Juvenile Delinquency 80% 54.10% Other A delay in receipt of paperwork from Law enforcement has resulted in a request to provide paperwork timely-- currently to no avail HOLMES Timeliness 2 Criminal Traffic 80% 70.80% Other A delay in receipt of paperwork from Law enforcement has resulted in a request to provide paperwork timely-- currently to no avail INDIAN RIVER Collections Circuit Criminal 9% 7.6% Incarcerations We continue to do all we can to collect unpaid fines and costs. INDIAN RIVER Collections Civil Traffic 90% 89.4% Late/Non-pay/Pay Plans We continue to do all we can to collect unpaid fines and costs. INDIAN RIVER Timeliness 2 Circuit Civil 80.0% 58.5% Staffing We pull people from other departments to help with the workload. We are in the process of converting to a new case management system in March of INDIAN RIVER Timeliness 2 County Civil 80.0% 65.8% Staffing We pull people from other departments to help with the workload. We are in the process of converting to a new case management system in March of INDIAN RIVER Timeliness 2 Probate 80.0% 76.8% Staffing We pull people from other departments to help with the workload. We are in the process of converting to a new case management system in March of JACKSON Collections Circuit Criminal 9% 7.68% Incarcerations Continue to work with DOC to collect what funds are available. JACKSON Collections Civil Traffic 90% 88.48% Economy Continue to send past due traffic tickets to the Credit Bureau as soon as possible. Also D-6 license for nonpayment. JEFFERSON Collections Probate 90% 89.9% Economy Continue to pursue collections efforts JEFFERSON Timeliness2 Probate 80% 79.2% Staffing Continue to cross train limited staff JEFFERSON Timeliness2 Family 80% 78.4% Staffing Continue to cross train limited staff LAFAYETTE Collections Circuit Criminal 9% 2.03% Incarcerations We will continue to try to collect once the inmate is released. LAFAYETTE Collections Civil Traffic 90% 82.05% Economy LAKE Collections Circuit Criminal 9% 5.0% Late/Non-pay/Pay Plans Are aggressively pursuing suspension of DLs for failure to pay. SQ CAP Responses 4/8/11 FLCCOC Executive Council Meeting May 12, 2011 Page 101 of 125

102 COUNTY Performance Measure Type Performance Measure CCOC Standard Clerk Performance Current Reasons Not Met Current Actions to Improve LAKE Collections County Criminal 40% 34.3% Late/Non-pay/Pay Plans Have worked with county judges to shorten length of payment plans and to require all defendants to enter payment plan; are suspending DL for all non-pays. Expect to start seeing benefit of these changes in coming control groups. LAKE Collections Civil Traffic 90.0% 85.0% Questions Standard The economy is making it more difficult than ever to meet an already steep 90% standard. We expect to see benefits of last quarter's procedural changes in upcoming control groups. LAKE Timeliness2 Circuit Civil 80.0% 40.7% Staffing Continue to seek assistance from clerks in other areas in an effort to balance the workload. LEE Collections Circuit Criminal 9% 4.78% Incarcerations Over $1.3 M in fines/costs assessed to three cases with DOC prison sentences of 4 yrs - 15 yrs. Additional $818K reduced to civil judgments unpaid. Adjusting for these two amounts, collection rate would be 15% for the five quarter timeframe. LEE Collections Civil Traffic 90% 79.6% Late/Non-pay/Pay Plans Higher rate of payment plans on civil traffic cases; Also, Courts recently expanded community service options to pay out fines and one time 30 day extensions with no penalty LEON Collections Civil Traffic 90% 83.39% Late/Non-pay/Pay Plans The Clerk will continue to monitor performance and will strive to meet the standard. The Clerk will continue reviewing other possible improvements to internal procedures. However, as stated in previous CAP, the apparent performance issue may be a function of variables beyond the control of the Clerk. LIBERTY Collections Circuit Criminal 9% 3.64% Economy We will continue to attempt to meet the standard. LIBERTY Collections County Civil 90% 89.84% Late/Non-pay/Pay Plans We will continue our collection efforts however, collections are being affected by indigence filings. LIBERTY Collections Civil Traffic 90% 82.02% Late/Non-pay/Pay Plans Will continue to send late notices to defendants, suspend drivers license and send to collection agency. LIBERTY Collections Family 75% 35.05% Late/Non-pay/Pay Plans We will continue our collection efforts however, collections are being affected by indigence filings. LIBERTY Timeliness1 Probate 80% 71.40% Procedural Clerk will verify filing fees before date stamping. MADISON Collections Civil Traffic 90% 86.78% Economy We will continue all collection efforts, D-6, and collection agency. MADISON Timeliness1 Circuit Civil 80% 68.40% Staffing Our office will continue to meet standard utilizing the limited resources available. MADISON Timeliness2 Circuit Criminal 80% 74.30% Staffing Our office will continue to meet standard utilizing the limited resources available. MADISON Timeliness2 Criminal Traffic 80% 73.20% Staffing Our office will continue to meet standard utilizing the limited resources available. SQ CAP Responses 4/8/11 FLCCOC Executive Council Meeting May 12, 2011 Page 102 of 125

103 COUNTY Performance Measure Type Performance Measure CCOC Standard Clerk Performance Current Reasons Not Met Current Actions to Improve MADISON Timeliness2 Circuit Civil 80% 52.70% Staffing Our office will continue to meet standard utilizing the limited resources available. MADISON Timeliness2 Family 80% 79.80% Staffing Our office will continue to meet standard utilizing the limited resources available. MANATEE Collections County Criminal 40% 39.00% Economy Continued monitoring of division; small improvement since previous quarter. Economy playing role as well as inability to make necessary collection calls MANATEE Collections Civil Traffic 90% 88.49% Other Continued monitoring of our processes and procedures - all Best Practices followed MANATEE Timeliness1 Circuit Criminal 80.0% 71.9% Staffing Criminal staff (3) turnover; improvements should be seen as new staff are trained and knowledge increases MANATEE Timeliness2 Criminal Traffic 80.0% 79.5% Staffing Criminal staff turnover; improvements should be seen as new staff are trained and knowledge increases MANATEE Timeliness2 Circuit Civil 80.0% 73.6% Staffing Improvements continue to be made as knowledge and training continues; pleased with 20% increase in performance over past six months. Also noticeable decrease in filings MANATEE Timeliness2 Probate 80.00% 73.50% Staffing Area being monitored; improvement made thru last quarter; this quarter there has been a 5% decline. Issues with productivity being addresses with Supervisor/Staff MARION Timeliness2 Circuit Civil 80% 79.0% Staffing This area continues to improve, partly due to additional staff assistance and partly due to drop in filings of new cases. We will continue to work on improving this further. MARION Timeliness2 Probate 80% 74.2% Staffing Additional Public Record requirements implemented in this qtr have had negative impact on perf measures. Training and new software should help to bring % into compliance. MARION Timeliness2 Family 80% 65.1% Staffing Additional Public Record requirements implemented in this qtr have had negative impact on perf measures. Training and new software should help to bring % into compliance. Additionally, increased case filings w/no new staff are still an issue. MARTIN Collections Circuit Criminal 9% 7.8% Incarcerations We continue to utilize collection agency services to the fullest. Civil Liens are recorded in the Official Records. MARTIN Collections Civil Traffic 90% 76.5% Late/Non-pay/Pay Plans Beginning 2/1/11 court dates scheduled within 45 days of requested hearing dates. Previous practice resulted in court dates being scheduled as much as 60 days from the time of requested hearing. SQ CAP Responses 4/8/11 FLCCOC Executive Council Meeting May 12, 2011 Page 103 of 125

104 COUNTY Performance Measure Type Performance Measure CCOC Standard Clerk Performance Current Reasons Not Met Current Actions to Improve MONROE Collections Civil Traffic 90% 87.0% Questions Standard We are reporting items to the collection agency and are collecting. However, most of the receipts pertain to quarters past the reporting period. MONROE Jurors 100% 91.0% Procedural Staff was counseled concerning proper procedures. OKALOOSA Collections Civil Traffic 90% 84.5% Questions Standard Every available resource is being used to improve collections. OKEECHOBEE Collections Circuit Criminal 9% 8.0% Economy Cases are turned over to collections for recovery. OKEECHOBEE Collections Juvenile Delinquency 9% 5.5% Economy Cases are turned over to collections for recovery. OKEECHOBEE Collections Civil Traffic 90.0% 84.6% Economy Cases are turned over to collections for recovery. OKEECHOBEE Timeliness1 Family 80.0% 69.2% Staffing Shortage of Staff, employee out on family medical leave. OKEECHOBEE Timeliness1 Dependency 80.0% 69.2% Staffing Shortage of Staff, employee out on family medical leave. ORANGE Collections County Criminal 40% 31.2% Late/Non-pay/Pay Plans We continue to work with customers using payment plans, collections court and collection agencies to collect on these amounts. ORANGE Collections Civil Traffic 90% 75.1% Late/Non-pay/Pay Plans We continue to work with customers using payment plans, collections court and collection agencies to collect on these amounts. Also, we are working on data extracts from our new case system to better capture data on cases with amounts due. OSCEOLA Collections Civil traffic 90% 71.4% Economy We have increased the workload to staff to send more civil traffic unpaid citations to our collection agencies. OSCEOLA Timeliness1 Civil traffic 80% 72.8% Staffing Until we are able to obtain additional staffing, timeliness in this area will be a struggle to meet. OSCEOLA Timeliness2 Circuit Civil 80.0% 58.8% Staffing Until we are able to obtain additional staffing, timeliness in this area will be a struggle to meet. PALM BEACH Collections Circuit Criminal 9% 5.00% Staffing Palm Beach County continues to work with the current case management system vendor to correct defects, install functionality, and create change orders that will facilitate a more robust collections effort through a collections agency. PBC is also in the process of installing a new case management system scheduled to go live in 2011 that will meet all of our business needs including an automated collections process. SQ CAP Responses 4/8/11 FLCCOC Executive Council Meeting May 12, 2011 Page 104 of 125

105 COUNTY Performance Measure Type Performance Measure CCOC Standard Clerk Performance Current Reasons Not Met Current Actions to Improve PALM BEACH Collections County Criminal 40% 22.39% Staffing Palm Beach County (PBC) continues to work with the case management system vendor to correct defects, install functionality, and implement change orders that will facilitate a more robust collections effort through multiple collections agencies. PBC is also in the process of installing a new case management system scheduled to go live in 2011 that will meet all of our business needs including an automated collections process. PALM BEACH Collections Civil Traffic 90% 88.11% Staffing Palm Beach County continues to work with the current case management system vendor to correct defects, install functionality, and create change orders that will facilitate a more robust collections effort through a collections agency. PBC has contracted with the Check Cashing Stores in Palm Beach, Broward and Miami-Dade County to provide additional venues to accept payment for traffic infraction cases to increase convenience to our customers.pbc is also in the process of installing a new case management system that will meet all of our business needs including an automated collections process in PALM BEACH Timeliness1 County Criminal 80% 61.2% Late/Non-pay/Pay Plans 1. Continue to work with the current vendor to correct system defects and to install required functionality. 2. Continue to utilize cross-trained staff and temporarily reallocate staff from other areas. 3. PBC is also in the process of installing a new case management system scheduled to go live in 2011 that will meet all of our business needs in a more efficient manner. PALM BEACH Timeliness1 Juvenile Delinquency 80% 79.3% systems 1. Continue to work with the current vendor to correct system defects and to install required functionality. 2. Continue to utilize cross-trained staff and temporarily reallocate staff from other areas. 3. PBC is also in the process of installing a new case management system scheduled to go live in 2011 that will meet all of our business needs in a more efficient manner. SQ CAP Responses 4/8/11 FLCCOC Executive Council Meeting May 12, 2011 Page 105 of 125

106 COUNTY Performance Measure Type Performance Measure CCOC Standard Clerk Performance Current Reasons Not Met Current Actions to Improve PALM BEACH Timeliness1 Civil Traffic 80% 77.3% systems 1. Continue to work with the current vendor to correct system defects and to install required functionality. 2. Continue to utilize cross-trained staff and temporarily reallocate staff from other areas. 3. PBC is also in the process of installing a new case management system scheduled to go live in 2011 that will meet all of our business needs in a more efficient manner. PALM BEACH Timeliness2 Circuit Criminal 80% 79.4% systems 1. Continue to work with the current vendor to correct system defects and to install required functionality. 2. Continue to utilize cross-trained staff and temporarily reallocate staff from other areas. 3. PBC is also in the process of installing a new case management system scheduled to go live in 2011 that will meet all of our business needs in a more efficient manner. PALM BEACH Timeliness2 County Criminal 80% 75.4% systems 1. Continue to work with the current vendor to correct system defects and to install required functionality. 2. Continue to utilize cross-trained staff and temporarily reallocate staff from other areas. 3. PBC is also in the process of installing a new case management system scheduled to go live in 2011 that will meet all of our business needs in a more efficient manner. PALM BEACH Timeliness2 Juvenile Delinquency 80% 75.3% systems 1. Continue to work with the current vendor to correct system defects and to install required functionality. 2. Continue to utilize cross-trained staff and temporarily reallocate staff from other areas. 3. PBC is also in the process of installing a new case management system scheduled to go live in 2011 that will meet all of our business needs in a more efficient manner. PALM BEACH Timeliness2 Criminal Traffic 80% 73.7% systems 1. Continue to work with the current vendor to correct system defects and to install required functionality. 2. Continue to utilize cross-trained staff and temporarily reallocate staff from other areas. 3. PBC is also in the process of installing a new case management system scheduled to go live in 2011 that will meet all of our business needs in a more efficient manner. SQ CAP Responses 4/8/11 FLCCOC Executive Council Meeting May 12, 2011 Page 106 of 125

107 COUNTY Performance Measure Type Performance Measure CCOC Standard Clerk Performance Current Reasons Not Met Current Actions to Improve PALM BEACH Timeliness2 Circuit Civil 80% 52.7% systems 1. Continue to work with the current vendor to correct system defects and to install required functionality. 2. Continue to utilize cross-trained staff and temporarily reallocate staff from other areas. 3. PBC is also in the process of installing a new case management system scheduled to go live in 2011 that will meet all of our business needs in a more efficient manner. PALM BEACH Timeliness2 County Civil 80% 64.8% systems 1. Continue to work with the current vendor to correct system defects and to install required functionality. 2. Continue to utilize cross-trained staff and temporarily reallocate staff from other areas. 3. PBC is also in the process of installing a new case management system scheduled to go live in 2011 that will meet all of our business needs in a more efficient manner. PALM BEACH Timeliness2 Civil Traffic 80% 79.6% systems 1. Continue to work with the current vendor to correct system defects and to install required functionality. 2. Continue to utilize cross-trained staff and temporarily reallocate staff from other areas. 3. PBC is also in the process of installing a new case management system scheduled to go live in 2011 that will meet all of our business needs in a more efficient manner. PALM BEACH Timeliness2 Probate 80% 57.4% systems 1. Continue to work with the current vendor to correct system defects and to install required functionality. 2. Continue to utilize cross-trained staff and temporarily reallocate staff from other areas. 3. PBC is also in the process of installing a new case management system scheduled to go live in 2011 that will meet all of our business needs in a more efficient manner. PALM BEACH Timeliness2 Family 80% 60.0% systems 1. Continue to work with the current vendor to correct system defects and to install required functionality. 2. Continue to utilize cross-trained staff and temporarily reallocate staff from other areas. 3. PBC is also in the process of installing a new case management system scheduled to go live in 2011 that will meet all of our business needs in a more efficient manner. SQ CAP Responses 4/8/11 FLCCOC Executive Council Meeting May 12, 2011 Page 107 of 125

108 COUNTY Performance Measure Type Performance Measure CCOC Standard Clerk Performance Current Reasons Not Met Current Actions to Improve PALM BEACH Timeliness2 Juvenile Dependency 80% 62.6% systems 1. Continue to work with the current vendor to correct system defects and to install required functionality. 2. Continue to utilize cross-trained staff and temporarily reallocate staff from other areas. 3. PBC is also in the process of installing a new case management system scheduled to go live in 2011 that will meet all of our business needs in a more efficient manner. PASCO Collections County Criminal 40% 38.9% Staffing There was a backlog in processing delinquencies due to a Court Financial Technician vacancy, which has been filled. System limitations will continue to hinder collection efforts until CLERICUS implementation takes place. PASCO Collections Civil traffic 90% 87.7% Economy We have a meeting scheduled with our collection agency to evaluate processes and work toward enhancing results. PASCO Timeliness2 Circuit Civil 80% 45.9% Staffing We are in the process of filling (5) vacant positions due to four (4) employees leaving for various reasons and one (1) retirement. Continued training and seasonal vacations have put a strain on productivity. PASCO Timeliness2 County Civil 80% 64.9% Staffing We are in the process of filling (1) vacant position while we train two (2) new employees. The absence of one employee, due to a major medical condition, created a hardship in meeting this requirement. PASCO Timeliness2 Family 80% 75.4% Staffing We recently filled one (1) vacant position and transferred one (1) position from Probate to Family. We believe these actions will help to bring this area into compliance. PINELLAS Timeliness2 Circuit Civil 80% 69.6% N/A - Correct % = 99.3% PINELLAS Collections County Criminal 40% 34.16% Late/Non-pay/Pay Plans Continue to enforce payment plans by suspending drivers licenses. Community Service is granted by court. 1.6 million paid in community service in 2010 POLK Collections Circuit Criminal 9% 7.27% Economy Still cleaning up converted cases, process is slow because of resource issues. Also in generally economy is poor and is effecting both Cir and county crim collections to a slower rate\ POLK Collections County Criminal 40% 37.43% Systems New system is still in process and not implemented. Hope to go live by late summer However we will have a large volume of converted cases to work manually to get reporting correct and this will take resource hours that may not be available PUTNAM Collections Circuit Criminal 9% 6.11% Economy There is very little we can do as most of these issues come back to the state of the economy. SQ CAP Responses 4/8/11 FLCCOC Executive Council Meeting May 12, 2011 Page 108 of 125

109 COUNTY Performance Measure Type Performance Measure CCOC Standard Clerk Performance Current Reasons Not Met Current Actions to Improve PUTNAM Collections Civil traffic 90% 87.86% Economy We continue to turn "old" accounts over to Collections according to Best Practices. PUTNAM Timeliness1 County Criminal 80% 77.6% Staffing We are adjusting the process for new case entry, and increasing cross training for this position. Due to the uneven nature of the workflow (esp after a weekend), we often get behind on Monday and cannot catch up until the end of the week. PUTNAM Timeliness1 Criminal Traffic 80% 65.7% Staffing We are adjusting the process for new case entry, and increasing cross training for this position. Due to the uneven nature of the workflow (esp after a weekend), we often get behind on Monday and cannot catch up until the end of the week. PUTNAM Timeliness1 Probate 80% 77.5% Staffing We are down to one person doing Probate and Juvenile Dependency (with < 1 yr in this position) and do not have sufficient staff to back this person every time it is needed (for court, planned and unplanned absences, activity peaks, etc.). PUTNAM Timeliness2 County Criminal 80% 77.9% Staffing Increase cross training, and work with our justice system partners to level out the work as much as possible. PUTNAM Timeliness2 Criminal Traffic 80% 72.0% Staffing Increase cross training, and work with our justice system partners to level out the work as much as possible. PUTNAM Timeliness2 Probate 80% 71.2% Staffing We are down to one person doing Probate and Juvenile Dependency (with < 1 yr in this position) and do not have sufficient staff to back this person every time it is needed (for court, planned and unplanned absences, activity peaks, etc.). PUTNAM Timeliness2 Juvenile Dependency 80% 76.0% Staffing We are down to one person doing Probate and Juvenile Dependency (with < 1 yr in this position) and do not have sufficient staff to back this person every time it is needed (for court, planned and unplanned absences, activity peaks, etc.). St Lucie Collections Circuit Criminal 9% 4.0% Late/Non-pay/Pay Plans We continue to adjust our policy and procedures with our in-house collection department for Circuit Criminal collections. We are sending notices, creating payment plans, and suspending driver's licenseson Circuit Criminal cases. SANTA ROSA Collections Circuit Criminal 9% 7.81% Maximum Fine Currently referring all delinquent cases to collections. SANTA ROSA Collections Civil Traffic 90% 88.92% Economy Ensure D6's are completed in a timely manner, encourage partial payment agreements. SANTA ROSA Timeliness1 Criminal traffic 80.0% 52.10% Staffing Continuous training of new employees. SANTA ROSA Timeliness2 Circuit Criminal 80.0% 73.00% Staffing Continuous training of new employees. SANTA ROSA Timeliness2 Criminal traffic 80.0% 71.90% Staffing Continuous training of new employees. SQ CAP Responses 4/8/11 FLCCOC Executive Council Meeting May 12, 2011 Page 109 of 125

110 COUNTY Performance Measure Type Performance Measure CCOC Standard Clerk Performance Current Reasons Not Met Current Actions to Improve SARASOTA Collections County Criminal 40% 34.9% late pay/pay plans Oct 2010 began sending 45 and 90 day reminders of balance due along with increasing the clerk collection program from 60 to 90 days. The increase in reminders has shown positive results increasing collections by 2% from the prior quarter. SEMINOLE Collections Civil Traffic 90% 88.3% Economy SUMTER Collections Circuit Criminal 9% 5.8% Incarcerations Drug cases where there is a large mandatory fine imposed along with mandatory jail time impact the collection rates in felony cases and these will probably never be collected. SUWANNEE Timeliness1 Juvenile Delinquency 80% 74.4% Staffing Work with staff to increase productivity. TAYLOR Collections Civil Traffic 90% 89.11% Economy UNION Collections Civil traffic 90% 86.22% Economy Citations not being paid due to many economic factors, i.e. unemployment, low wages, higher prices. We are pursuing all avenues available to us for collections. VOLUSIA Collections Circuit Criminal 9% 7.12% Incarcerations Working on establishing better cooperation with the Department of Corrections on both inmates with assessment balances and probationers monitored by the Department. VOLUSIA Collections County Criminal 40% 24.6% Other Monitoring collections in all court locations. First quarter numbers should see an improvement. WASHINGTON Collections Circuit Criminal 9% 5.28% Incarcerations WASHINGTON Collections Civil Traffic 90% 87.4% Late/Non-pay/Pay Plans Will try to push for defendants to pay in full ASAP SQ CAP Responses 4/8/11 FLCCOC Executive Council Meeting May 12, 2011 Page 110 of 125

111 Agenda Item #9a Other Business: Update on Revenue Enhancement Committee May 12, 2011 FLCCOC Executive Council Meeting FLCCOC Executive Council Meeting May 12, 2011 Page 111 of 125

112 FLCCOC Executive Council Meeting May 12, 2011 Page 112 of 125

113 Memorandum Honorable Richard Weiss Polk County Chair Honorable Bob Inzer Leon County Vice Chairman Honorable Sharon Bock Palm Beach County Secretary/Treasurer Honorable John Crawford Nassau County Vacant Honorable Harvey Ruvin Miami Dade County Honorable Buddy Irby Alachua County Honorable Tim Sanders Madison County Honorable Joseph Farina Judge To: From: CCOC Council Members Douglas Isabelle Date: May 5, 2011 Re: Agenda Item 9: Other Business I want to keep you up to date with activities of the Revenue Enhancement Committee. As you can see that the Committee has been very active over the last several months and will continue to do so. The CCOC will continue providing collection training to Clerk offices as directed by the Council. Staff conducted a multi county collection lecture earlier this year. The next scheduled training is a collection webinar on May 18 th. An announcement by the Chairman of the Committee is forthcoming. A hands on collection training session is tentatively scheduled for August in Polk County. An announcement on an agenda time and location will be forthcoming. Senate Honorable Pat Frank Hillsborough County House Honorable Lydia Gardner Orange County Joe Boyd General Counsel John Dew Executive Director Barrington Circle Tallahassee, Florida Phone: Fax: CCOC staff will be participating in a collections session at the FACC Summer Conference. CCOC staff continues to provide technical assistance for collection tailored to countyspecific needs. Several counties have scheduled this assistance over the next few months. CCOC staff is preparing for the July meeting of the state Revenue Estimating Conference. The Conference meets with Article V entities every quarter and the Revenue Enhancement Committee has been working diligently developing revenue estimating projection tools and reports. CCOC staff has begun developing information that will assist in the implementation of the SB 2000 provision language. This bill requires the CCOC to work with the courts in recommending to the Legislature revenue streams to eliminate the problems with cash flow in both the Clerk and Court Trust Funds. The next meeting of the Revenue Enhancement Committee will be schedule in early June. CCOC staff is providing this as information only and does not require Council action. FLCCOC Executive Council Meeting May 12, 2011 Page 113 of 125

114 FLCCOC Executive Council Meeting May 12, 2011 Page 114 of 125

115 Agenda Item #9b Other Business: Revision to Annual Audits of Corporation May 12, 2011 FLCCOC Executive Council Meeting FLCCOC Executive Council Meeting May 12, 2011 Page 115 of 125

116 FLCCOC Executive Council Meeting May 12, 2011 Page 116 of 125

117 Memorandum Honorable Richard Weiss Polk County Chair To: CCOC Executive Council Members Honorable Bob Inzer Leon County Vice Chairman Honorable Sharon Bock Palm Beach County Secretary/Treasurer Honorable John Crawford Nassau County Honorable Mitch Needelman Brevard County Honorable Harvey Ruvin Miami-Dade County Honorable Buddy Irby Alachua County From: John Dew Date: May 8, 2011 Re: Agenda Item #9b: Other Business- Revision to Annual Audits of Corporation The 2011 Legislature deleted section s (5)(a) which required the Corporation to provide an annual financial audit to the Office of the Auditor General and for the OAG to conduct annual audits of the FLCCOC. However in s , F.S. under the duties of the Auditor General the FLCCOC has been added as one of the entities that will be audited at least once every three years. Honorable Tim Sanders Madison County Honorable Joseph Farina Judge Senate Honorable Pat Frank Hillsborough County House Honorable Lydia Gardner Orange County Joe Boyd General Counsel John Dew Executive Director Barrington Circle Tallahassee, Florida Phone: Fax: FLCCOC Executive Council Meeting May 12, 2011 Page 117 of 125

118 FLCCOC Executive Council Meeting May 12, 2011 Page 118 of 125

119 Agenda Item #9c Other Business: Additional CCOC Legislative Duties May 12, 2011 FLCCOC Executive Council Meeting FLCCOC Executive Council Meeting May 12, 2011 Page 119 of 125

120 FLCCOC Executive Council Meeting May 12, 2011 Page 120 of 125

121 Memorandum Honorable Richard Weiss Polk County Chair To: CCOC Executive Council Members Honorable Bob Inzer Leon County Vice Chairman Honorable Sharon Bock Palm Beach County Secretary/Treasurer Honorable John Crawford Nassau County Honorable Mitch Needelman Brevard County Honorable Harvey Ruvin Miami Dade County Honorable Buddy Irby Alachua County From: John Dew Date: May 8, 2011 Re: Agenda Item #9c: Additional CCOC Legislative Duties The 2011 Legislature added additional duties to for the CCOC. Attached is the language outlining the new requirements. We will be working with Chairman Weiss and bring back a plan to fulfill the responsibilities at the June Council meeting. Honorable Tim Sanders Madison County Honorable Joseph Farina Judge Senate Honorable Pat Frank Hillsborough County House Honorable Lydia Gardner Orange County Joe Boyd General Counsel John Dew Executive Director Barrington Circle Tallahassee, Florida Phone: Fax: FLCCOC Executive Council Meeting May 12, 2011 Page 121 of 125

122 FLCCOC Executive Council Meeting May 12, 2011 Page 122 of 125

123 FLCCOC Executive Council Meeting May 12, 2011 Page 123 of 125

124 FLCCOC Executive Council Meeting May 12, 2011 Page 124 of 125

125 FLCCOC Executive Council Meeting May 12, 2011 Page 125 of 125