State Courts System Pay Issues Judicial Branch #1 Priority Competitive Pay Adjustment: State Courts System (SCS) employees need to be included in any general competitive salary increase as may be provided to other state employees. The SCS would request the increase be 3.5%, at a minimum. This request is in recognition of the lag between salaries and the rate of inflation, which has increased 15.9%, cumulatively, over the past seven years. And, as the economy improves, other governmental sector employers are becoming more able to address the need for cost of living adjustments. The judicial branch needs to be similarly positioned in order to attract and retain a competent, skilled workforce to support the effective administration of justice for businesses and individuals. Equity and Retention Pay: Request $9,866,302 in recurring salary dollars branch wide, effective July 1, 2014, to address a wide range of salary issues affecting the State Courts System. To retain highly skilled employees and to experience more equity with other government salaries, the SCS needs approximately $18,828,193 in recurring salary appropriation. However, recognizing the considerable size of such a request, the SCS proposes a two-year implementation period. State Courts System employee pay, in general, continues to lag behind competing employers in state and local government. The loss of key managers and other high performers, who had developed broad knowledge bases of critical judicial branch operations, results in an essential need to develop and retain existing employees to ensure expertise. Filling knowledge gaps ensures the continued development of efficiencies in the work of the State Courts System. One-half of the branch s salary appropriation is a fixed cost needed for judicial salary obligations and the courts have no flexibility to hold those positions open or to alter the salary level to generate lapse dollars. Given these constraints, salary problems as they arise cannot be addressed. While it is understood that all state agencies must manage their salary budgets, the SCS is more particularly constrained in this regard. Challenges surrounding salary limitations are extremely varied across the levels of court and across the state. e.g., adjustments to specific classes as well as to geographical areas as needs arise in either or both cases due to recruitment and/or retention problems; provision of merit increases (being recognized for excellent service and performance is a motivating factor for continued improvement in support of creating efficiencies for the branch); incentivizing valuable, experienced employees whose specialized knowledge base has accumulated over a number of years, and, related to that issue, counter offers for key managers and high performers. STATEWIDE PAY ISSUE TOTAL: $9,866,302
SUPREME COURT Death Penalty Case Processing: 1.0 FTE, $59,717 ($3,818 non-recurring) Funding requested for 1.0 Court Program Specialist I position to monitor the proceedings in all courts (trial court, supreme court and the federal courts) of all persons convicted and sentenced to death. Case Management Support: 1.0 FTE, $76,331 ($3,818 non-recurring) Funding requested for 1.0 Paralegal position to assist the central staff attorneys with the processing of the large volume of routine substantive cases and amendments to procedural rules, forms, and standard jury instructions that are filed with the supreme court each year. Supreme Court Meet Acceptable Security Standards: 3.0 FTE, $254,310 ($11,454 non-recurring) Funding requested for 3.0 Deputy Marshal positions to meet acceptable security standards and effectively secure Supreme Court Building. Law Library Legal Research: $17,069 Funding requested to maintain current legal research subscriptions for the highest appellate court. Interior Space Refurbishing: $237,360 Funding requested to allow the marshal s office to maintain a five year refresh cycle for space and finishes refurbishing to keep the Supreme Court Building in appropriate and safe working order. SUPREME COURT TOTAL: 5.0 FTE, $644,787 ($19,090 non-recurring) General Revenue
DISTRICT COURTS OF APPEAL (DCA) Fixed Capital Outlay: $10,518,390 (non-recurring) 2 nd DCA Driveway Expansion: $30,450 Increase driveway width and outside radius to address safety issues for the entering and exiting traffic on heavily trafficked Highway 92. 3 rd DCA Emergency Generator System: $212,814 To acquire natural gas fueled, electrical generator system that supports egress lighting, security/fire alarm systems, telephone system, voice/data network, servers, etc. 3 rd DCA Court Building Remodeling for Security and Building System Upgrades: $2,092,495 Amount requested is for Phase I of a three year project to be compliant with ADA, comply with current Miami-Dade County Code and update court security by remodeling the courthouse entrance, first and second floors, street frontage structures, and to upgrade core building systems. In order to comply with 633.085(1)(c), Florida Statutes, and bring the elevators and related fire safety equipment to State Fire Code requirements, it is imperative that the court receive funding to make the necessary repairs and upgrades. 3 rd DCA Entrance Door Replacement: $64,023 Replace two public-entrance glass doors that are at the end of their useful life. The thirty-five year-old bar-locking mechanisms on the doors are no longer functioning properly. 3 rd DCA Hurricane Storm Shutters: $88,294 To prevent damage and wind driven rain breach of second floor windows. 4 th DCA Court Building Remodeling for Security and Building System Upgrades: $6,831,655 Renovate courthouse for mold remediation and to be compliant with ADA, the United States Marshals security assessment and address life safety issues. 4 th DCA New Courthouse Construction: $349,270 As an alternative to requesting $6.8 million to renovate a 44 year old building, funds are requested to build a new courthouse, including land acquisition. This request is for Phase One of Two which includes the site analysis, plans development, local government approval and the generation of working drawings. Phase Two of this project will be filed in the FY 2014-15 Supplemental LBR as an estimate for FY 2015-16 at a cost of $13,305,182. The finalized amount for Phase Two will be brought to the Court for approval and inclusion in the FY 2015-16 LBR.
DISTRICT COURTS OF APPEAL - Continued Fixed Capital Outlay - Continued 5 th DCA Security Enhancements: $125,000 Upgrade the access control systems, the court security camera system, and the courtroom monitoring/broadcast system. 5 th DCA HVAC Replacement: $724,389 Replacement of the circa 1980 air chiller and the three associated air-handling units. Facilities Maintenance and Management: $468,639 ($68,639 non-recurring) 2 nd DCA Roof Repairs and Parking Lot Maintenance: $19,750 (non-recurring) Extend the life of the roof by repairing leaking blisters in the membrane of the low slope roof. Extend the life of the parking lot by applying a seal coat to the asphalt. 3 rd DCA Office Workstation Replacements: $48,889 (non-recurring) Clerk s office work area was configured and furnished in 1976. Replace with modular furniture with partitions, ergonomic design, and integrated power and data lines. Statewide Facility Maintenance: $400,000 Statewide funds to be allocated by the DCABC to address ongoing maintenance/repairs, emergency expenditures, and/or critical failure of building system components. DISTRICT COURTS OF APPEAL TOTAL: $10,987,029 ($10,587,029 non-recurring) General Revenue
TRIAL COURTS Conflict Counsel Payments Over the Flat Fee: $2,081,103 FY 2013-14 GAA proviso states that if Justice Administrative Commission s funds are insufficient to pay court ordered payments for attorney fees in criminal conflict cases in excess of the flat fee, those amounts shall be paid from due process or other funds of the state courts. Sufficient funding to the state courts is requested to absorb these costs. Court Reporting Equipment Refresh and Maintenance: $4,806,925 ($2,223,562 nonrecurring) Refresh and maintenance of existing court reporting digital technology based on standard allowable costs, refresh timeframes, and a maintenance formula, and recurring funding to address refresh needs on an ongoing basis. Court Reporting Equipment Expansion: $1,446,114 ($1,446,114 non-recurring) Expansion of court reporting digital technology: Anticipated expansion of existing court facilities to add 124 new courtrooms and 62 new hearing rooms will result in the need for additional equipment in the 1 st, 3 rd, 4 th, 5 th, 7 th, 9 th, 11 th, 12 th, 13 th, 14 th, and 15 th Circuits. Death Penalty Case Processing: 27 FTE (32 positions); $1,918,731 ($76,160 nonrecurring) Law Clerk positions to assist trial court judges in processing the complex and legally significant matters related to a sentence of death. Funding for Backlog of Foreclosure Cases: $3,837,624 (non-recurring) Request to fully fund the initiative for FY 2014-15. Funding provides temporary case managers and senior judges to hear foreclosure cases. Trial Courts General Counsel Support: 10 FTE; $1,181,043 ($23,800 non-recurring) General counsels provide direction, legal research, and advice and counsel to chief judges, trial court administrators, human resource managers, court interpreters, and court reporters, as well as the judiciary. General counsels negotiate and review contracts, ordinances, resolutions, administrative orders, and other legal instruments for the circuit. This request provides for one general counsel in each of the circuits that do not currently have one (1st, 2nd, 3rd, 7th, 8th, 12th, 14th, 16th, 18th, and 19th Circuits).
TRIAL COURTS - Continued Fund Shift Cost Sharing from Justice Administrative Commission (JAC) to State Courts System This issue requests to eliminate the transfer of funds from JAC and fund cost sharing within the State Courts System in General Revenue (the amount of the transfer is $3,695,347). This issue would have no impact on the current level of services and would have a net zero impact on the General Revenue fund. Courthouse Furnishings Nonpublic Areas: $953,999 (non-recurring) The First, Fourth, Fourteenth and Seventeenth Circuits request furnishings for non-public spaces in new and renovated courthouse facilities, which are a state responsibility. Post Adjudicatory Drug Court Continuation: $544,013 Case management OPS positions ($544,013) for eight pilot counties (Broward, Escambia, Hillsborough, Marion, Orange, Pinellas, Polk, and Volusia). If treatment services are funded, it is recommended those funds be placed in an appropriate executive branch agency. Electronic Transmission of Judicial Orders to Clerks of Court: $4,705,116 (3,929,275 non-recurring) In response to concerns within the judicial branch and among policy-makers about the security of court documents required to modify prison sentences, funding is requested for statewide implementation of judicial viewers in the criminal division of court. The viewers are instrumental to ensuring that court orders can be securely transmitted to the clerks of court in an electronic format. Remote Court Interpreting Technology: $81,428 ($53,588 non-recurring) To support the continuation and expansion of the Remote Interpreting Regional Pilot project. Problem Solving Courts Education and Training: $100,000 (non-recurring) Statewide training and education to judges and court staff responsible for managing cases involving individuals with mental illnesses and substance use disorders. TRIAL COURTS TOTAL: $21,656,096 ($12,644,122 non-recurring)
OFFICE OF THE STATE COURTS ADMINISTRATOR (OSCA) efacts Productivity Support: $172,834 ($125,164 non-recurring) This request includes funds to purchase redaction software for the first, third, fourth, and fifth district courts of appeal as part of the efacts Project. The software allows for the automated removal of confidential information from a document, which is currently done manually. Judicial Data Management: $502,086 ($107,887 non-recurring) This request includes $333,950 in salary dollars to fund 4.0 unfunded FTE (two Court Statistics Consultants, one Senior Court Analyst II and one Senior Court Analyst I positions) and $168,136 for staff augmentation, software development and licensing and hardware and equipment for development and upkeep of the Judicial Data Management Service (JDMS) component of the Integrated Trial Court Adjudicatory System. Legal Research Support : $91,840 ($40,000 non-recurring) This request includes funds to purchase the West Knowledge Management (CourtKM) program to integrate with efacts for the appellate courts. CourtKM is a productivity tool that enables court users to have a single resource for searching multiple data storage locations and assist with the transition from paper to electronic case processing. $40,000 in non-recurring funds is required for implementation and $51,840 in recurring funds is required for annual subscription services for all six (6) appellate courts. OFFICE OF THE STATE COURTS ADMINISTRATOR TOTAL: $766,760 ($273,051 non-recurring) General Revenue
Certification of New Judgeships State Courts System: $14,093,270 ($286,196 non-recurring) Supreme Court Opinion, SC13-2296, was released on December 19, 2013, outlining the need for 49 new judgeships: Appellate Court 2 appellate judgeships in the Second District Court of Appeal; and 1 appellate judgeship in the Fifth District Court of Appeal; Circuit Court 7 circuit judgeships (two in the 1st circuit; three in the 5th circuit; and one in the 7th and 9 th circuits; and County Court 39 county judgeships (eleven in Miami-Dade County; six in Broward County; five in Palm Beach County; four in Duval county; two in Orange, Hillsborough, and Lee counties; and one in Volusia, Lake, Citrus, Osceola, Manatee, Sarasota, and Seminole counties). Executive Direction The Florida Cases Southern 2 nd Reporter request is based on the total number of judges certified. Costs are calculated at $500 per judge. TOTAL: $14,093,270 ($286,196 non-recurring) General Revenue