Legislative Committee Meeting: Beginning December 10, 2014 at 9:30 AM (ET) (The meeting is open to all interested in attending.)

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1 CCOC Legislative Committee Agenda Date: December 10, 2014 Time: 9:30am EST Meeting Location: St. Petersburg College; EpiCenter, th St. N., Clearwater Honorable Sharon R. Bock, Esq. Palm Beach County Chair Honorable Bob Inzer Leon County Vice Chair Honorable Ken Burke, CPA Pinellas County Secretary/Treasurer Honorable Neil Kelly Lake County Honorable John Crawford Nassau County Honorable Harvey Ruvin Dade County Legislative Committee Meeting: Beginning December 10, 2014 at 9:30 AM (ET) (The meeting is open to all interested in attending.) 1) Call to Order and Introduction... Carolyn Timmann 2) Role of the CCOC Legislative Committee and Members Sharon Bock 3) Legislative Recommendations Approved by CCOC Council....Sharon Bock 4) Legislative Recommendations Approved by FCCC....Karen Rushing 5) Process/Calendar Discussion a. Draft Calendar... Carolyn Timmann b. Suggested Process... Carolyn Timmann 6) CFY Legislative Issues a. Implementation in CFY 14/15... Carolyn Timmann 7) CFY Legislative Issues.Carolyn Timmann 8) Future Meeting Dates.Carolyn Timmann 9) Other Business Honorable Tim Sanders Madison County Honorable Stacy Butterfield, CPA Polk County Clerk Supreme Court Honorable Ron Ficarrotta 13th Judicial Circuit Judge Senate Honorable Kyle Hudson Holmes County House Honorable Paula S. O Neil Ph.D Pasco County Joe Boyd, Esq. General Counsel Committee Members: Carolyn Timmann, Chair; Ken Burke, Vice-Chair; Sharon Bock; Dwight Brock; Pam Childers; John Crawford; David Ellspermann; Howard Forman; Ronnie Fussell; Diane Matousek; Karen Rushing; and Harvey Ruvin. John Dew Executive Director Barrington Circle Tallahassee, Florida Phone: Fax: CCOC Mission Statement: As a governmental organization created by the Legislature, we evaluate Clerks courtrelated budgetary needs, and recommend the fair and equitable allocation of resources needed to sustain court operations. 1

2 Agenda Item 3 Honorable Sharon R. Bock, Esq. Palm Beach County Chair Honorable Bob Inzer Leon County Vice Chair Honorable Ken Burke, CPA Pinellas County Secretary/Treasurer Honorable Neil Kelly Lake County Honorable John Crawford Nassau County Honorable Harvey Ruvin Dade County Date: December 10, 2014 Subject: Agenda Item 3: Legislative Recommendations Approved by CCOC Committee Action: In this agenda item information is provided. Under agenda items #6 and #7 the Committee members would make recommendations on how to proceed. Overview: The CCOC Revenue and Enhancement Committee recommended to the Executive Council a Funding Continuity Action Plan at the July 31, 2014 Council meeting. The Council approved the recommendations and that the Plan be sent to the CCOC Legislative Committee. The CCOC Legislative Committee would then coordinate with the FCCC Legislative Committee. There was an expectation that not all recommendations of the report would be moved forward by the Legislative Committee, but the Committee would instead narrow down the items to be presented to the Legislature. Honorable Tim Sanders Madison County Honorable Stacy Butterfield, CPA Polk County Clerk Supreme Court Honorable Ron Ficarrotta 13th Judicial Circuit Judge Senate Honorable Kyle Hudson Holmes County House Honorable Paula S. O Neil Ph.D Pasco County Recommendation: Address issues during discussion in Agenda Items #6 and #7 Lead Staff: John Dew, Executive Director Attachments/Handouts: 1. Summary Sheet of Report Recommendations 2. CCOC Funding Continuity Plan 3. Minutes from July 31, 2014 Executive Council Meeting Joe Boyd, Esq. General Counsel John Dew Executive Director Barrington Circle Tallahassee, Florida Phone: Fax: CCOC Mission Statement: As a governmental organization created by the Legislature, we evaluate Clerks courtrelated budgetary needs, and recommend the fair and equitable allocation of resources needed to sustain court operations. 2

3 CCOC Funding Continuity Action Plan Summary Funding Options: Redirect court-related revenues already collected by Clerks from GR back to Clerks Ch Redirect. Potentially $70 million. Other- $80 appellate fee at $5 million and adjudication withheld find at $4.3 million. Other Options: Enhanced collection enforcement mechanisms. Indeterminate positive increase in revenues. Reimbursement for jury costs for meals and per diem. Potentially $8 million. Domestic violence, repeat violence, dating violence, sexual violence, and stalking fee. $4.1 mil. Cash Flow Resolution: Instead of an annual sweep of the Clerks Trust Fund develop a process consistent with other State administered trust funds. 3

4 Funding Continuity Action Plan Revenue Enhancement Committee Recommendations July

5 CONTENT Section 1: Guiding Principles.. Page 3 Section 2: Summary of Funding Continuity Action Plan..... Page 4 Description of Funding Options. Pages 5-6 Section 3: Redirect Funds July Page 7 5

6 Background SECTION 14 Florida Constitution (b) all funding for the offices of the clerks of the circuit and county courts performing court-related functions, except as otherwise provided in this subsection and subsection (c), shall be provided by adequate and appropriate filing fees for judicial proceedings and service charges and costs for performing court-related functions as required by general law. Selected salaries, costs, and expenses of the state courts system may be funded from appropriate filing fees for judicial proceedings and service charges and costs for performing court-related functions, as provided by general law. Where the requirements of either the United States Constitution or the Constitution of the State of Florida preclude the imposition of filing fees for judicial proceedings and service charges and costs for performing court-related functions sufficient to fund the court-related functions of the offices of the clerks of the circuit and county courts, the state shall provide, as determined by the legislature, adequate and appropriate supplemental funding from state revenues appropriated by general law. Section 1 Guiding Principles (1) Redirect revenues currently collected by Clerks. (2) Revenues would be redirected from State General Revenue and not impact state and local trust funds. (3) Revenues need to support a 3% annual budget increase for a 5-year period. (4) A menu of revenue options would be included in the plan and prioritized. 6

7 Section 2: Menu of Funding Options to Adequately Fund Clerks Court-Related Functions Annual Revenue Estimate Options Redirect court-related revenues from State GR Ch DUI s , F.S Summons s (1)(d), F.S Traffic Admin. s , F.S All other Other $80 appellate fee s (2), F.S. Adjudication withheld fine s (1) (g), F.S. Estimated Redirected revenues Priority 1 $2.0 m. $11.0 m. $27.0 m. $30.0 m. $.5 m. $4.3 m. $ 74.8 m. Other Options Enhanced Collection Enforcement Mechanisms Reimbursement from Justice Administrative Commission Jury actual costs (per diem and meals) Domestic violence, repeat violence, dating violence, sexual violence, and stalking ($50 fee per case) Indeterminate positive Est. $8.0 m. Est. $4.1 m. Estimated Reimbursement $12.1 m. Cash flow Exclude Trust Fund from sweep into state GR $7 m. to $10 m. 7

8 Description of Options Recommend that the revenues collected by the Clerks per Ch , LOF be redirected to the Clerks of Court Trust Fund and retained locally to offset costs of performing court-related functions. 1) Ch , LOF (SB 1790) authorized the Clerks of Court to collect fines, fees, court costs and service charges in 73 separate sections of Florida Statues and remit these funds to State General Revenue quarterly. Prior to 2008, these revenues would have been retained locally by the Clerks to offset costs of performing court-related functions. Any excess revenues above approved budgets would have been remitted to the state. Beginning 2014/15 the 67 Clerks of Court, through the Corporation, annually provide their court-related budget request to the Legislative Budget Commission (LBC). The LBC approves the budgets and any excess revenues are remitted to the state every January. 2) Recommend seeking authorization for enhanced collection enforcement mechanisms. Some of these enforcement mechanisms were also recommended by the CCOC Revenue Enhancement Committee in 2010 and recommendations made to the Legislature by the National Center for State Courts in the November 2012 Study of the Effectiveness of Collections in the Florida Courts. (a) Amend s , F.S. to specify that the Clerks of Court are charged with the responsibility for collecting all court costs, fines and fees imposed by the courts as authorized in statutes including collection schedules, determinations of community service and other related collection activities. The CCOC will develop procedures and best practices in consultation with the Courts and the Clerks. (b) Currently Florida Statutes authorize the Clerks of Court to notify the Florida Department of Highway Safety and Motor Vehicles (DHSMV) to withhold a driver s license for nonpayment of court-related fines and fees. Authorizing the Clerks to notify DHSMV to withhold renewal of vehicle and boating registrations for failure to pay court related fines and fees would provide additional enforcement mechanisms that could be used annually when renewing vehicles. It is recommended that this enforcement mechanism apply to CF, MM, CT, TR, CO, MO, and IN case types. (c) Recommend authorizing Clerks of Court to notify the Department of Professional Business Regulations (DPBR) to withhold renewing of professional and commercial licenses for nonpayment of court-related fines and fees. (d) Section (3) (c), F.S. requires the Agency for Workforce Innovation to review court records that disclose the individuals who owe child support to intercept unemployment compensation. Recommend extending this authorization to Clerks to permit the intercept of unemployment compensation to be paid to defendants who owe court costs, fines, and fees. 8

9 (e) Amend s , F.S. by adding (b) if the state owed debt is comprised of criminal costs and fines, the Lottery Department shall review court records through the Comprehensive Case Information Systems (CCIS) as referenced in s , to identify defendants who owe such outstanding debts. 3) Authorize the Clerks of Court to seek reimbursement from the Justice Administrative Commission (JAC) for performing two court-related functions. If adequate funding is otherwise restored, then clerks can absorb this as a cost of doing business. a) Section (2) (a), F.S. states that notwithstanding any other law, the clerk of the court may not assess a fee for filing a petition for protection against repeat violence, sexual violence, or dating violence. However, subject to legislative appropriation, the clerk of the court may, each quarter, submit to the Office of the State Courts Administrator a certified request for reimbursement for petitions for protection issued by the court under this section at the rate of $40 per petition. The request for reimbursement shall be submitted in the form and manner prescribed by the Office of the State Courts Administrator. From this reimbursement, the clerk shall pay the law enforcement agency serving the injunction the fee requested by law enforcement agency; however this fee may not exceed $20. Recommend increasing the service charge for the Clerk to $50 per case filed. The additional $10 is to cover the Clerks portion of costs increased since 2002 when the initial reimbursement was authorized. Also, recommend that the request for reimbursement be submitted to the JAC consistent with other court costs reimbursements. This service charge does not include law enforcement agency costs. b) Section 40.24, F.S. requires the Clerks to reimburse jurors for juror service. Prior to 2008 the State reimbursed the Clerks for juror per diem and meals. However, since 2008 the Clerks have paid juror per diem and meals from their operating budgets. Recommend authorizing Clerks to be reimbursed consistent with procedures prior to ) Amend statutory Trust Fund sweep process Section (3), F.S. requires the Department of Revenue to transfer from the Clerks of Court Trust Fund to the General Revenue Fund the cumulative excess of all fines, fees, service charges, and costs submitted by the clerks of court pursuant to subsection (2). State Trust Funds are not required to be swept annually. Recommend that the sweep process for the Clerks of Court Trust Fund be consist with State administered trust funds. 9

10 Section 3 Recommend Redirected Funds July 2015 Redirect the following court-related revenue from State General Revenue to the Clerk s Trust Fund beginning July 1, Ch LOF comprises of 73 sections of statutes. These individual statutes can be compiled into 4 revenue sources: (1) s , (2) s (1) (d), (3) s , F.S. and (4) all other. (Est. $17.9 million quarterly) Additional revenues if redirected beginning July 2015 S (2), F.S. This $80 appellate filing fee was omitted from the list of filing fees that were redirected by the Legislative session. (est. $125,000 quarterly) S (1) (g), F.S. fines imposed in this subsection shall be deposited by the clerk of the court in the fine and forfeiture fund established pursuant to s , except that the clerk shall remit fines imposed when adjudication is withheld to the Department of Revenue for deposit in the General Revenue Fund. (est. $1 million quarterly) 10

11 MINUTES FLORIDA CLERKS OF COURT OPERATIONS CORPORATION THURSDAY, JULY 31, :30 AM EXECUTIVE COUNCIL MEETING Hyatt Regency, Tampa Airport (Sandhill Crane Room) (Below is the excerpt concerning the Revenue Committee only from the minutes.) REVENUE ENHANCEMENT COMMITTEE Chair Bock then asked Neil Kelly, Chair of the Revenue Enhancement Committee to present the Revenue Enhancement Committee (REC) report. Recommendations for Increasing Revenues for Clerks Mr. Kelly presented the report as listed in the meeting materials starting on page 26. The Committee wanted to look at a 5 year plan for increasing revenues as well as a 1 year plan. The reason for looking at a 3% increase year over year is that the Committee needed a goal and they used the 3% that was listed in statute as to the limit at which Clerks would need to provide additional information on their budget growth. Through a workgroup consisting of Clerks and staff the REC created a menu of options for recommendation to the council. They wanted to give options since the budget process can be in flux and flexibility may be needed throughout the Legislative process. Mr. Kelly then asked Mr. Isabelle to highlight a few of the items that are listed in the meeting materials: The number one priority would be redirecting revenues currently directed to GR back to the Clerks. Other items include adding under that umbrella an $80 dollar fee, adding adjudication, enhanced collection and enforcement mechanisms, seeking reimbursement of jury costs and meals as well as $50 fee for case per domestic violence, rape, etc. The REC also recommended that Clerks not have the Trust Fund sweep each and every year so the cash flow issue is helped when moving from year to year. Mr. Kelly then said that the REC is recommending that the changes listed be pursued during the 14/15 legislative session for implementation by July 1 of 2015 so that we could receive the benefit of needed 11

12 dollars during CFY 14/15 since it is expected they will be needed. Mr. Kelly made a motion that the recommendations be accepted by the Executive Council. The motion was seconded by Mr. Inzer. Judge Ficarrotta asked why the domestic violence is combined with the other items. Mr. Kelly noted that it is more of a categorizing versus a combining. Dr. O Neil asked for clarification on the motion. Mr. Kelly clarified that his motion is that the Executive Council accept the recommended plan to then be sent to the Legislative Committee of the CCOC which would then move it over to coordinate with the Legislative Committee of the FCCC. Mr. Kelly said his motion does not mean that all of the items in the report are expected to be accepted or used. It was the intent of the Committee to give the Executive Council a high-level look at what options there are for revenue enhancement. The Executive Council could then take additional narrowing and filtering of the options to determine what eventually goes to the Legislature as a recommendation from the CCOC. Ms. Butterfield wanted to confirm that the statutes require the CCOC to make these recommendations? Mr. Kelly said the statutes do provide such an obligation for the Council. Chair Bock concurred. Ms. Butterfield then asked since the report only lists a 3% growth in projected expenditures over the next five years, were there any other options that were not included to move forward that may make that amount greater. Mr. Kelly noted that there were other options suggested by the workgroup that were ultimately decided against being forwarded by the Committee at this time primarily due to time and information constraints as it would have taken quite a bit of time to gather the information via surveys or other methods. Mr. Isabelle then added that for those options when you model the $70 million in estimated revenues from the redirect against a 3% budget increase there should be adequate funding for at least 5 years. Chair Bock asked if there was any further discussion on the motion. Hearing none she asked for a vote. The motion passed unanimously. 12

13 Agenda Item 4 Honorable Sharon R. Bock, Esq. Palm Beach County Chair Honorable Bob Inzer Leon County Vice Chair Honorable Ken Burke, CPA Pinellas County Secretary/Treasurer Honorable Neil Kelly Lake County Honorable John Crawford Nassau County Honorable Harvey Ruvin Dade County Date: December 10, 2014 Subject: Agenda Item 4: Legislative Recommendations Approved by FCCC Committee Action: In this agenda item information is provided. Under agenda items #6 and #7 the Committee members would make recommendations on how to proceed. Overview: The Florida Court Clerks and Comptrollers Association (FCCC) has a Legislative Committee with the function of promoting a legislative program for each session of the Legislature. The Committee will have met on December 8, 2014 and it is expected will at that time voted on some legislative program proposals. The Honorable Karen Rushing, Clerk of Sarasota County, is the Chair of the FCCC Legislative Committee and has agreed to be on the agenda to provide an overview to the CCOC Legislative Committee. Honorable Tim Sanders Madison County Honorable Stacy Butterfield, CPA Polk County Clerk Supreme Court Honorable Ron Ficarrotta 13th Judicial Circuit Judge Senate Honorable Kyle Hudson Holmes County Recommendation: Address issues during discussion in Agenda Items #6 and #7 Lead Staff: John Dew, Executive Director Attachments/Handouts: 1. None provided House Honorable Paula S. O Neil Ph.D Pasco County Joe Boyd, Esq. General Counsel John Dew Executive Director Barrington Circle Tallahassee, Florida Phone: Fax: CCOC Mission Statement: As a governmental organization created by the Legislature, we evaluate Clerks courtrelated budgetary needs, and recommend the fair and equitable allocation of resources needed to sustain court operations. 13

14 Agenda Item 5 Honorable Sharon R. Bock, Esq. Palm Beach County Chair Honorable Bob Inzer Leon County Vice Chair Honorable Ken Burke, CPA Pinellas County Secretary/Treasurer Honorable Neil Kelly Lake County Honorable John Crawford Nassau County Honorable Harvey Ruvin Dade County Honorable Tim Sanders Madison County Honorable Stacy Butterfield, CPA Polk County Clerk Supreme Court Honorable Ron Ficarrotta 13th Judicial Circuit Judge Senate Honorable Kyle Hudson Holmes County House Honorable Paula S. O Neil Ph.D Pasco County Joe Boyd, Esq. General Counsel Date: December 10, 2014 Subject: Agenda Item 5: Process/Calendar Discussion Committee Action: Agree to process and/or procedures for Committee and staff in tracking legislation, responding to requests concerning legislation, and interacting with others on legislative issues. Overview: The 2015 Legislature has chosen their leadership and the Committee memberships have recently been announced. Committees will began meetings on issues as early as the week of January 5 th. The Legislative session begins on March 3rd and is expected to end on May 1st. During this time it is expected the CCOC will be asked by the Legislature to respond to filed bills and/or issues impacting Clerks budgets. Development of a process to handle such inquiries will help assure the CCOC responds promptly. Likewise a process developed up front on the individuals and entities involved will help assure communication is made and awareness of the responses are known. Recommendation: Development of a process and/or procedure identifying how to response to proposed legislation and/or inquiries. Such a process would also include responsibilities for persons to respond and communications to be made. Lead Staff: John Dew, Executive Director Attachments/Handouts: 1. Calendar. 2. Legislative Committee Assignments. Appropriations and Judiciary. 3. Examples of Requests for bill analysis or information. John Dew Executive Director Barrington Circle Tallahassee, Florida Phone: Fax: CCOC Mission Statement: As a governmental organization created by the Legislature, we evaluate Clerks courtrelated budgetary needs, and recommend the fair and equitable allocation of resources needed to sustain court operations. 14

15 Calendar of Events for CCOC Legislative Committee Calendar Year January 5-9 January 8 January February 2-6 February 2 February 3 February 9-13 February March 3 March 17 March 18 May 1 May 31 June-July August 31 Florida Legislative Committee Week CCOC Budget Committee Meeting- Tallahassee Florida Legislative Committee Week Florida Legislative Committee Week CCOC Budget Committee Meeting- Cocoa Beach CCOC Executive Council Meeting- Cocoa Beach Florida Legislative Committee Week Florida Legislative Committee Week Start of 2015 Legislative Session CCOC Budget Committee Meeting- Tallahassee Clerks Legislative Day at the Capitol- Tallahassee Final Day of 2015 Legislative Session CCOC Executive Council Meeting- Pointe Vedra CCOC Legislative Committee meets to determine Legislative Issues CCOC Executive Council approve legislative agenda as proposed by CCOC Legislative Committee. Forward to FCCC. 15

16 2015 Florida Legislature Committee Assignments Senate Appropriations: Chair: Senator Tom Lee (R);Vice Chair: Senator Lizbeth Benacquisto (R); Senator Thad Altman (R); Senator Anitere Flores (R); Senator Don Gaetz (R); Senator Bill Galvano (R); Senator Rene Garcia (R); Senator Denise Grimsley (R); Senator Alan Hays (R); Senator Dorothy L. Hukill (R); Senator Arthenia L. Joyner (D); Senator Jack Latvala (R); Senator Gwen Margolis (D); Senator Bill Montford (D); Senator Joe Negron (R); Senator Garrett Richter (R); Senator Jeremy Ring (D); Senator David Simmons (R) and Senator Christopher L. Smith (D). Senate Criminal and Civil Justice Appropriation: Chair: Senator Joe Negron (R); Vice Chair: Senator Arthenia L. Joyner (D); Senator Rob Bradley (R); Senator Greg Evers (R); Senator Anitere Flores (R) and Senator Darren Soto (D). Senate Judiciary: Chair: Senator Miguel Diaz de la Portilla (R); Vice Chair: Senator Jeremy Ring (D); Senator Aaron Bean (R); Senator Lizbeth Benacquisto (R); Senator Jeff Brandes (R); Senator Arthenia L. Joyner (D); Senator David Simmons (R); Senator Wilton Simpson (R); Senator Darren Soto (D) and Senator Kelli Stargel (R). House Appropriations: Chair: Representative Richard Corcoran (R). House Justice Appropriations: Chair: Representative Larry Metz (R). House Judiciary: Chair: Representative Charles McBurney (R). 16

17 John Dew From: Sent: To: Subject: Crum, Alyssa Tuesday, March 04, :03 PM Orlando Pryor; Jared Torres; Michael Ayers; Robert Brown; Jan Ignash; Karla Goodson; Melissa Giddings; Richard Stevens; Bill Jennings; Neal Dupree; Paul Norton; Vicki Butts; John Dew; Derek Buchanan; Grace Lovett; Stormie Knight; Alex Harte; Matilde Miller; Susan Datres; Gina Sisk; Nicole Stookey; Tim Parson; Harriet Moore; Ben Palazesi; Suzan Shaw; Tanya Cooper; Amanda Marsh; Andrew Ketchel; Pierce Schuessler; Elizabeth Boyd; Logan McFaddin; Patty Cromartie; Jennifer Langston; Kimberly Day; Sharon Rudd; Lynn Dodson; Rachel Truxell; Andrew Fay; Elizabeth Whitley; John Hamilton; Rob Johnson; Sarah Nortelus ; Glenn Sutphin; Jackson Handley; Mark Oglesby; Marlene Williams; Meredith Stanfield; Jamie Peate; Vince Aldridge; Christie Burrus; Eddie Phillips; Gerard O'Rourke; Michael Wickersheim; Shannan Dunaway; Cindy Wingler; Loretta Sloan; Brandy Elliott; Charlotte Jerrett; Jackie Fauls; Melinda Harris; Davin Suggs; Deena Reppen; Eric Poole; Garcia; Harbin; Hurley; McCaskill; Stephen James; Amber Hughes; Casey Cook; David Cruz; Kraig Conn; Ryan Matthews; Ryan Padgett; Scott Dudley; Sarrah Carroll; Tabitha McDonald; Alan Abramowitz; Debra Ervin; Kelly Razzano; Jessica Kranert; Rip Colvin; J. Morris; J. Ross Nobles; Cynthia Fuller; Karen Kees; Rebecca Matthews; Richard Fox; Deison, Allison; Chandler, Karen; Alexis Rojas; Colleen Thayer; Ernie Barnett; Jean Whitten; Steve Minnis; Tia Barnett Senate Agency Bill Analysis Request Senate Agency Bill Analysis Request The Appropriations Committee of the Florida Senate requests your analyses for the 2014 Regular Session bills listed below. Please complete your bill analyses from both a fiscal and policy standpoint. Upload your analyses at If the bill does not have a fiscal impact on your agency, please create an analysis that states no impact under the Fiscal Impact section. Please save your responses in the following format: SB [insert 4-digit bill number]_[insert three letter agency abbreviation-see BELOW] YYYY-MM-DD (year-month-day). Example: SB0006_HCA doc indicates the file is an analysis for SB0006 submitted by the Agency for Health Care Administration on December 14, (See abbreviations below) The Appropriations Committee will not make another formal request with regard to these bills. If your analysis changes due to new information or amendments to the bill, please upload your update at If you have received this in error, please respond and provide the address of the appropriate individual to receive these requests. If you have any questions, please call Ross McSwain at Thank you in advance for your assistance in providing this information to the Florida Senate. Agency: Agency for Health Care Administration (HCA) SB1580 SB

18 SB1602 Agency: Agency: Agency: Agency: Agency: Agency: Agency: Agency: Agency: Agency: Agency: Agency for Persons with Disabilities (APD) SB1590 Board of Governors (BOG) SB1620 SB1628 Capital Collateral Regional Counsel (CCR) SB1628 Clerks of Court Operations Corporation (CCO) SB1628 Department of Agriculture and Consumer Services (ACS) SB1624 SB1630 Department of Business and Professional Regulation (BPR) SB1550 SB1552 SB1556 SB1562 SB1574 SB1592 Department of Children and Families (DCF) SB1584 SB1602 Department of Economic Opportunity (DEO) SB1632 Department of Education (DOE) SB1568 SB1590 SB1620 SB1628 Department of Environmental Protection (DEP) SB1576 SB1582 SB1604 SB1610 SB1614 Department of Financial Services (DFS) SB1580 SB

19 A bill to be entitled An act relating to government accountability; amending s , F.S.; excluding water management districts from certain audit requirements; expanding certain audit provisions to include district school boards; amending ss , , 28.35, 43.16, , and , F.S.; revising the responsibilities of a department head, the Justice Administrative Commission, a state attorney, a public defender, a criminal conflict and civil regional counsel, a capital collateral counsel, the guardian ad litem program, the State Supreme Court as it relates to the state courts system, the Florida Clerks of Court Operations Corporation, a local governmental entity, and the governing body of a charter school to include the responsibility of establishing certain internal controls; amending s , F.S.; revising the definition of the term agency head ; amending s , F.S.; specifying requirements for a monthly financial statement provided by a water management district; amending s , F.S.; removing an obsolete provision; amending s , F.S.; revising the responsibilities of a district school board s internal auditor to perform certain audits and reviews; amending s , F.S.; requiring each Florida College System institution to file certain annual financial statements with the State Board of Education; requiring each school district, Florida College System institution, and state university to 19

20 establish certain internal controls; providing that the act fulfills an important state interest; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. Paragraph (j) of subsection (2) and paragraph (j) of subsection (7) of section 11.45, Florida Statutes, are amended to read: Definitions; duties; authorities; reports; rules. (2) DUTIES. The Auditor General shall: (j) Conduct audits of local governmental entities when determined to be necessary by the Auditor General, when directed by the Legislative Auditing Committee, or when otherwise required by law. No later than 18 months after the release of the audit report, the Auditor General shall perform such appropriate followup procedures as he or she deems necessary to determine the audited entity s progress in addressing the findings and recommendations contained within the Auditor General s previous report. The Auditor General shall notify each member of the audited entity s governing body and the Legislative Auditing Committee of the results of his or her determination. For purposes of this paragraph, local governmental entities do not include water management districts. The Auditor General shall perform his or her duties independently but under the general policies established by the Legislative Auditing Committee. This subsection does not limit the Auditor General s discretionary authority to conduct other 20

21 audits or engagements of governmental entities as authorized in subsection (3). (7) AUDITOR GENERAL REPORTING REQUIREMENTS. (j) The Auditor General shall notify the Legislative Auditing Committee of any financial or operational audit report prepared pursuant to this section which indicates that a district school board, state university, or Florida College System institution has failed to take full corrective action in response to a recommendation that was included in the two preceding financial or operational audit reports. 1. The committee may direct the governing body of the district school board, state university, or Florida College System institution to provide a written statement to the committee explaining why full corrective action has not been taken or, if the governing body intends to take full corrective action, describing the corrective action to be taken and when it will occur. 2. If the committee determines that the written statement is not sufficient, the committee may require the chair of the governing body of the district school board, state university, or Florida College System institution, or the chair s designee, to appear before the committee. 3. If the committee determines that the district school board, state university, or Florida College System institution has failed to take full corrective action for which there is no justifiable reason or has failed to comply with committee requests made pursuant to this section, the committee shall refer the matter to the State Board of Education or the Board of Governors, as appropriate, to proceed in accordance with s. 21

22 or s , respectively. Section 2. Subsection (1) of section 20.05, Florida Statutes, is amended to read: Heads of departments; powers and duties. (1) Each head of a department, subject to the allotment of executive power under Article IV of the State Constitution, and except as otherwise provided by law, must: (a) Plan, direct, coordinate, and execute the powers, duties, and functions vested in that department or vested in a division, bureau, or section of that department; powers and duties assigned or transferred to a division, bureau, or section of the department must not be construed to limit this authority and this responsibility; (b) Have authority, without being relieved of responsibility, to execute any of the powers, duties, and functions vested in the department or in any administrative unit thereof through administrative units and through assistants and deputies designated by the head of the department from time to time, unless the head of the department is explicitly required by law to perform the same without delegation; (c) Compile annually a comprehensive program budget reporting all program and fiscal matters related to the operation of his or her department, including each program, subprogram, and activity, and other matters as required by law; (d) Reimburse the members of advisory bodies, commissions, and boards of trustees for their actual and necessary expenses incurred in the performance of their duties in accordance with s ; (e) Subject to the requirements of chapter 120, exercise 22

23 existing authority to adopt rules pursuant and limited to the powers, duties, and functions transferred to the department; (f) Exercise authority on behalf of the department to accept gifts, grants, bequests, loans, and endowments for purposes consistent with the powers, duties, and functions of the department. All such funds must be deposited in the State Treasury and appropriated by the Legislature for the purposes for which they were received by the department; (g) If a department is under the direct supervision of a board, including a board consisting of the Governor and Cabinet, however designated, employ an executive director to serve at its pleasure; and (h) Make recommendations concerning more effective internal structuring of the department to the Legislature. Unless otherwise required by law, such recommendations must be provided to the Legislature at least 30 days before the first day of the regular session at which they are to be considered, when practicable; and (i) Establish and maintain internal controls designed to prevent and detect fraud, waste, and abuse; to ensure the administration of assigned public duties and responsibilities in accordance with applicable laws, rules, contracts, grant agreements, and best practices; to promote and encourage economic and efficient operations; to ensure the reliability of financial records and reports; and to safeguard assets. Section 3. Paragraph (b) of subsection (1) of section , Florida Statutes, is amended to read: Agency inspectors general. (1) For the purposes of this section: 23

24 (b) Agency head means the Governor, a Cabinet officer, a secretary as defined in s (5), or an executive director as defined in s (6). It also includes the chair of the Public Service Commission, the Director of the Office of Insurance Regulation of the Financial Services Commission, the Director of the Office of Financial Regulation of the Financial Services Commission, the chair of the board of directors of the Florida Housing Finance Corporation, and the Chief Justice of the State Supreme Court. Section 4. Subsection (5) is added to section , Florida Statutes, to read: State courts system. (5) The Supreme Court shall ensure that the state courts system establishes and maintains internal controls designed to prevent and detect fraud, waste, and abuse; to ensure the administration of assigned public duties and responsibilities in accordance with applicable laws, rules, contracts, grant agreements, and best practices; to promote and encourage economic and efficient operations; to ensure the reliability of financial records and reports; and to safeguard assets. Section 5. Paragraph (i) is added to subsection (2) of section 28.35, Florida Statutes, to read: Florida Clerks of Court Operations Corporation. (2) The duties of the corporation shall include the following: (i) Establishing and maintaining internal controls designed to prevent and detect fraud, waste, and abuse; to ensure the administration of assigned public duties and responsibilities in accordance with applicable laws, rules, contracts, grant 24

25 agreements, and best practices; to promote and encourage economic and efficient operations; to ensure the reliability of records and reports; and to safeguard assets. Section 6. Present subsections (6) and (7) of section 43.16, Florida Statutes, are renumbered as subsections (7) and (8), respectively, and a new subsection (6) is added to that section, to read: Justice Administrative Commission; membership, powers and duties. (6) The commission, each state attorney, each public defender, each criminal conflict and civil regional counsel, each capital collateral regional counsel, and the guardian ad litem program must establish and maintain internal controls designed to prevent and detect fraud, waste, and abuse; to ensure the administration of assigned public duties and responsibilities in accordance with applicable laws, rules, contracts, grant agreements, and best practices; to promote and encourage economic and efficient operations; to ensure the reliability of financial records and reports; and to safeguard assets. Section 7. Subsection (11) of section , Florida Statutes, is amended to read: Transparency in government spending. (11) Each water management district shall provide a monthly financial statement in the form and manner prescribed by the Department of Financial Services to the district s its governing board and make such monthly financial statement available for public access on its website. Section 8. Present subsection (3) of section , 25

26 John Dew From: Sent: To: Cc: Subject: Harkness, Marti Tuesday, August 12, :15 AM John Dew denagy, Sarah Tomorrow's meeting Hi John, Just to be clear, for tomorrow s meeting it would be helpful if you guys had a draft document that lays out how you addressed each of the statutory requirements. In some cases, the document will simply reference an existing chart (e.g., #2 Prepare a cost comparison to similarly situated clerks of the court would reference the chart on page 15 of the August budget document). As I mentioned yesterday, we are looking for something concise. Thanks for working with us on this, John! Marti Marti W. Harkness Senate Appropriations Subcommittee on Criminal and Civil Justice The Florida Legislature Suite 201, The Capitol 404 South Monroe Street Tallahassee, FL

27 John Dew From: Sent: To: Cc: Subject: Harkness, Marti Friday, August 15, :10 AM Greg Cowan; denagy, Sarah; Tim Sadberry; Tony Lloyd Sharon R. Bock; Shannon Ramsey-Chessman; Bob Inzer; Doug Isabelle; John Dew; Carolyn Timmann RE: DRAFT Crosswalk Hi Greg, I m fine with the edits. I have two suggestions: 1) Remove the sentence in 1a that begins: Further, some may consider. I think it s fair to mention that fact in the presentation but let s not have it in the written document. 2) I agree that the unweighted average is not a meaningful way to compare the clerks and I would suggest removing that chart from the document. You may want to have it in your back pocket in case someone asks for it. Also, I would use bullets instead of a,b,c, etc. I believe that Sara and I are on the same page regarding these comments. Thanks Greg, Marti From: Greg Cowan [mailto:gcowan@flccoc.org] Sent: Thursday, August 14, :14 PM To: denagy, Sarah; Sadberry, Tim; Harkness, Marti; Lloyd, Tony Cc: Sharon R. Bock; Shannon Ramsey Chessman; Bob Inzer; Doug Isabelle; John Dew; Carolyn Timmann Subject: RE: DRAFT Crosswalk Hi Sarah and Marti, Thank you for your suggestions. These suggestions are constructive and helpful. Based on your suggestions, we have incorporated changes and have attached an updated version of the DRAFT crosswalk document. In the attached, we track all the changes, so you can easily see how we have incorporated your suggestions. Please let us know if we have misinterpreted any of your suggestions or if you have any other suggestions. One issue of concern we would like for you to consider is the table included under item 9. We believe the table does accurately demonstrate the problematic nature of using average budget for comparison purposes based on our interpretation of the statutory language. However, we are concerned with including the table in the crosswalk document and would recommend simply having the data available if needed or requested. Please let us know if you are amenable to this approach regarding this average budget table. Also, as with yesterday s DRAFT document, if we can have the opportunity to review the document fresh in the morning to correct for any typos or technical mistakes, it would be greatly appreciated. Thanks again for all your help on this important issue!! Greg C. 1 27

28 From: denagy, Sarah Sent: Thursday, August 14, :18 PM To: Greg Cowan; Tim Sadberry; Marti Harkness; Tony Lloyd Cc: Sharon R. Bock; Shannon Ramsey Chessman; Bob Inzer; Doug Isabelle; John Dew Subject: RE: DRAFT Crosswalk Greg, John, and Doug, Thanks so much for finishing the document so quickly last night. I ve attached some suggestions from Marti and I. The numbers on my document coincide with the numbers on your crosswalk document. Let us know if you have any questions. Here is what you can expect at a pre LBC meeting: Cindy Kynoch (Senate Appropriations), JoAnne Leznoff (House Appropriations), and Cynthia Kelly (Governor s Office) preside over this meeting. They will be seated at a table at the head of the committee room. You will sit in the audience along with other agency staff. They will call up each agency one at a time to discuss their items on the LBC agenda. We cannot guarantee when you will be called up, it is common for them to go out of order from the agenda. When you are called up, Marti, Tim, Tony and I will be at the table to provide additional support if needed. You will be expected to present your proposed budget to the three budget chiefs and answer any questions they may have. I would advise bringing any backup documents you may have to the meeting as they may ask to see them. After this meeting, the actual LBC meeting will be a breeze. Let us know if you have any more questions. Thanks, Sarah From: Greg Cowan [mailto:gcowan@flccoc.org] Sent: Thursday, August 14, :03 PM To: Sadberry, Tim; Harkness, Marti; Lloyd, Tony; denagy, Sarah Cc: Sharon R. Bock; Shannon Ramsey-Chessman; Bob Inzer; Doug Isabelle; John Dew Subject: FW: DRAFT Crosswalk Good afternoon Tim, Marti, Tony, and Sarah, Following up on the last evening, please let us know any input or suggestions you may have on the DRAFT crosswalk document. We want to be sure the document is helpful and meets your needs. Thanks, Greg C. From: Greg Cowan Sent: Wednesday, August 13, :32 PM To: Tim Sadberry; 'Harkness, Marti'; Tony Lloyd; 'denagy, Sarah' Cc: Sharon R. Bock; Shannon Ramsey Chessman; Bob Inzer; Doug Isabelle; John Dew Subject: DRAFT Crosswalk Hi Tim, Marti, Tony, and Sarah, Great meeting with you this afternoon. 2 28

29 Following up on our discussion, we have developed the attached DRAFT crosswalk document for your consideration. As we discussed, any input or suggestions you may have on this DRAFT crosswalk would be greatly appreciated. Also, since we have pulled this document together this evening, I suspect we may have some minor changes and technical corrections to make as we re review the document tomorrow. Thanks for all your help and assistance on this issue! Greg C. 3 29

30 John Dew From: Sent: To: Cc: Subject: Harkness, Marti Wednesday, August 27, :19 PM John Dew Tim Sadberry; Tony Lloyd; denagy, Sarah; Sharon R. Bock; Shannon Ramsey-Chessman; Stacy M. Butterfield, CPA; Bob Inzer; Cathy Mills; Carolyn Timmann; FL CCOC Staff; Carolyn Harty RE: Statutory provision document You re welcome. I can t think of anything else off hand. We ll talk before the 10 th. Marti From: John Dew [mailto:jdew@flccoc.org] Sent: Wednesday, August 27, :54 PM To: Harkness, Marti Cc: Sadberry, Tim; Lloyd, Tony; denagy, Sarah; Sharon R. Bock; Shannon Ramsey Chessman; Stacy M. Butterfield, CPA; Bob Inzer; Cathy Mills; Carolyn Timmann; FL CCOC Staff; Harty, Carolyn Subject: RE: Statutory provision document Marti. Thanks again for helping us through the Pre LBC meeting process! Please let me know if there is any additional information you or the other staff may need prior to the September 10 th LBC meeting or if there are any questions you believe we need to be prepared for in addition to what was asked at the Pre LBC meeting. We are available anytime. John From: Harkness, Marti [mailto:marti.harkness@laspbs.state.fl.us] Sent: Thursday, August 21, :04 PM To: John Dew Cc: Tim Sadberry; Tony Lloyd; denagy, Sarah; Sharon R. Bock; Shannon Ramsey Chessman; Stacy M. Butterfield, CPA; Bob Inzer; Cathy Mills; Carolyn Timmann; FL CCOC Staff; Carolyn Harty Subject: RE: Statutory provision document Thanks John for your hard work on this. Marti Marti W. Harkness Senate Appropriations Subcommittee on Criminal and Civil Justice The Florida Legislature Suite 201, The Capitol 404 South Monroe Street Tallahassee, FL

31 From: John Dew Sent: Thursday, August 21, :44 AM To: Harkness, Marti Cc: Sadberry, Tim; Lloyd, Tony; denagy, Sarah; Sharon R. Bock; Shannon Ramsey Chessman; Stacy M. Butterfield, CPA; Bob Inzer; Cathy Mills; Carolyn Timmann; FL CCOC Staff; Harty, Carolyn Subject: RE: Statutory provision document Good Morning Marti. Thanks again for your suggestions yesterday for additional information via your below. Please find attached the revised document which incorporates those suggestions. We also included four exhibits. Thought you might want the revisions prior to tomorrow s meeting so you could share them ahead of time. Please feel free to let us know if there is anything else you believe would assist you and staff in tomorrow s process. John From: Harkness, Marti [mailto:marti.harkness@laspbs.state.fl.us] Sent: Wednesday, August 20, :44 AM To: John Dew Cc: Tim Sadberry Subject: Statutory provision document Hi John, A few suggestions: Under #1, bullet 1 Suggested edit: The total statewide CCOC budget request is approximately a one quarter of one percent increase over the current year. Under #5 Eliminate the last sentence of the bullet. Provide, as an exhibit, the list of clerks with revenues insufficient to fund expenditures. Under #7 Include, as an exhibit, the information from page 16 of the original request document that shows increases in benefits. Please explain the meaning of the columns other benefit, reinstating pos, other pers1, other pers2, other pers3, oper incr. We also discussed with management that increases in the cost for health insurance and FRS are not pay and benefit increases, they are simply increases in costs for the same level of benefit. Let s discuss on Friday. Under #8 Refer to the exhibit from #7 Under #9 We all agree that the average as required by law is not meaningful, but management asks that you include it as an exhibit. As I mentioned, it is not our intention to include this document as part of the packet. We can discuss further on Friday. Thanks, Marti Marti W. Harkness Senate Appropriations Subcommittee on Criminal and Civil Justice The Florida Legislature 2 31

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33 Agenda Item 6 Honorable Sharon R. Bock, Esq. Palm Beach County Chair Honorable Bob Inzer Leon County Vice Chair Honorable Ken Burke, CPA Pinellas County Secretary/Treasurer Honorable Neil Kelly Lake County Honorable John Crawford Nassau County Honorable Harvey Ruvin Dade County Honorable Tim Sanders Madison County Honorable Stacy Butterfield, CPA Polk County Clerk Supreme Court Honorable Ron Ficarrotta 13th Judicial Circuit Judge Senate Honorable Kyle Hudson Holmes County House Honorable Paula S. O Neil Ph.D Pasco County Joe Boyd, Esq. General Counsel Date: December 10, 2014 Subject: Agenda Item 6: CFY 14/15 Legislative Issues Committee Action: Agree to development of a legislative resolution to help offset the potential revenue shortfall projected by the State s Revenue Estimating Conference for CFY 14/15. Overview: In September 2014 the State s Revenue Estimating Conference (REC) projected the Clerks would have $444.4 million in revenue to fund their court-related duties in CFY 14/15. The CCOC Executive Council recommended to the Legislative Budget Commission that the statewide budgets for Clerks would be $444.4 million. The Commission approved that recommendation. However at the November 2014 REC meeting the Conference lowered the CFY 14/15 revenue projection for Clerks to $437.2 million. This means Clerks would have a shortfall of $7.2 million available to meet their approved budgetary needs in CFY 13/14. The CCOC Executive Council approved a Funding Continuity Plan in July 2014 and is asking the CCOC Legislative Committee to determine which of the recommendations could best be carried forward to the Legislature to resolve revenue issues. The Council has also asked the Committee to coordinate their efforts, where feasible, with the FCCC Legislative leadership. Recommendation: Development of legislation to receive additional revenues to assure Clerks statewide have the dollars necessary to meet their approved budgetary needs. Legislative resolutions effective July 1, 2015 could help offset the revenue shortfall for the three remaining months of CFY 14/15. Lead Staff: John Dew, Executive Director Attachments/Handouts: 1. REC Revenue Projections for Clerks. John Dew Executive Director Barrington Circle Tallahassee, Florida Phone: Fax: CCOC Mission Statement: As a governmental organization created by the Legislature, we evaluate Clerks courtrelated budgetary needs, and recommend the fair and equitable allocation of resources needed to sustain court operations. 33