This is Judge Belvin Perry's presentation on the state courts budget given at the November 2009 educational conference of the Florida Court Public Information Officers, Inc., in Clearwater, Florida.
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TCBC Budget Process & State Courts Revenue Trust Fund
1. Trial Court Budget Commission & State Courts Revenue Trust Fund The Honorable Belvin Perry, Jr. Chair - TCBC
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18. Trial Court Budget Process TCBC establishes budget policies for the development of budget requests Trial courts submit budget requests to the TCBC TCBC reviews the requests and develops budget recommendations
19. Trial Court Budget Process Supreme Court or Chief Justice either approves budget recommendations as a whole or refers specific matters back to the TCBC for further study or alternative recommendations Legislature considers budget requests and makes lump sum appropriations for the trial courts TCBC allocates appropriations to the trial courts
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23. Florida’s Budget : Fiscal Year 2009-2010 $66,536,360,098 Criminal Justice and Corrections $4,755,407,365 Natural Resources, Environment, Growth Mgmt, Transportation $9,293,484,731 General Government $4,719,952,559 State Court System $451,311,113 Education Enhancement & Lottery Trust Fund $1,423,867,883 Human Services $26,043,356,456 Education (All Other Funds) $19,848,979,991
24. California Washington Kentucky Massachusetts North Dakota Oklahoma Mississippi Arizona 2003-04 Percentage of State Budgets Spent on the Judicial Branch Florida .6%
25. 2003-04 Percentage of State Budgets Spent on the Judicial Branch California Washington Kentucky Massachusetts North Dakota Oklahoma Mississippi Arizona Washington – 4.0% Kentucky – 3.0% California – 2.5% Massachusetts – 2.3% North Dakota - 2.0% Arizona – 1.7% Mississippi – 1.2% Oklahoma – 1% Florida .6%
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27. State Courts System Budget: FY 2009-2010 $451,311,113 OSCA $20,454,190 DCA $39,738,681 Trial Courts $381,150,551 JQC $926,195 Supreme Court $9,041,496
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30. Actual Revenues from the past 3 months are indicating about 79% of revenue is coming in from mortgage foreclosures.
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33. Budget Reductions from FY 07-08 to 09-10 General Revenue & State Courts Revenue Trust Fund FY 07-08 FY 09-10 Total Reduction % of Reduction 445,529,974 398,249,758 (47,280,216) (10.61%)
34. FTE Reductions from FY 07-08 to 09-10 General Revenue & State Courts Revenue Trust Fund FY 07-08 FY 09-10 Total Reduction % of Reduction 4,403.50 4,113.00 (290.50) (24.67%)
35. State Courts System Impact of Target Reductions FY 2010-2011 Source for FY 09-10 Appropriation is the FY 09-10 General Appropriations Act. Trust Target of $28,877,278 was pro rated out to each trust fund except Federal Grants Trust Fund. General Revenue State Courts Revenue Trust Fund Court Education Trust Fund Mediation Arbitration Trust Fund Grants & Donations Trust Fund Operating Trust Fund Total FY 09-10 Appropriation 134,590,311 263,188,168 3,312,742 12,675,209 174,493 9,996,039 423,936,962 TARGET in Dollars 13,290,305 26,266,618 330,617 1,265,007 17,415 997,621 42,167,583 28,877,278
39. Thank you for your interest in receiving a proposal from the Florida Association of Court Clerks for development of an e-filing Portal. We have reviewed your request for information closely and believe that it is not compliant with the requirements placed with the Clerks of Court by the Florida Legislature as stated in Chapter 2009-61, Laws of Florida.
40. In response to this legislation, and in our capacity as custodians of the records, the Clerks of Court are moving forward with completion of the Clerks’ ePortal. The Clerks’ ePortal is operational and will be available for the acceptance of electronic case filings well in advance of the March 1, 2010 reporting date as specified in Chapter 2009-61, Laws of Florida.
41. The Clerks believe that the best approach to electronic filing is to move forward with the Clerks’ ePortal. We will continue to keep you informed regarding the Clerks’ compliance with the electronic filing requirements of the Legislature, and ask that you provide the Clerks with the necessary information regarding the data you wish to have captured and reported to you.
49. What can PIO’s do? F.S. 43.26 (1) The chief judge of each judicial circuit, Who shall be a circuit judge, shall exercise administrative supervision over all the trial courts within the judicial circuit and over the judges and other officers of such courts.
50. What can PIO’s do? F.S. 43.26 (2) The chief judge of the circuit shall have the power: (c) To supervise dockets and calendars. (e) To do everything necessary to promote the prompt and efficient administration of justice in the courts over which he or she is chief judge. (g) To manage, operate and oversee the jury system as provided in s. 40.001.
51. What can PIO’s do? F.S. 43.26 (6) The chief judge of each circuit is charged by s.2(d), Art. V of the Florida Constitution and this section with the authority to promote the prompt and efficient administration of justice in the courts over which he or she is chief judge. The clerks of court provide court-related functions which are essential to the orderly operation of the judicial branch. The chief judge of each circuit, after consultation with the clerk of court, shall determine the priority of services provided by the clerk of court to the trial court. The clerk of court shall manage the performance of such services in a method or manner that is consistent with statute, rule, or administrative order.
“ As constitutional officers, Clerks have inherent authority to manage the performance of their constitutional and legislatively imposed duties…” “ The Clerk is a separate constitutional office with attributes of both the judicial and executive branches.” “ We believe Clerks cannot over emphasize the necessity of maintaining independence in our administrative and ministerial functions in order to protect the integrity of the court system.” “ The Clerk’s role in maintaining court records serves as a check and balance on the Court system.” Article V, section 3, creates the Supreme Court of Florida and provides under subsection 3(c) that the Supreme Court appoints a clerk to “perform such duties as the Court directs.” Similarly, Section 4 creates the District Courts of Appeal and directs each District Court to appoint a clerk to perform such duties as the Court directs. In contrast, there is no provision under Sections 5 and 6 of Article V for any court to appoint and direct the duties of the Clerk of the Circuit Court. The Clerk of the Circuit Court is separately authorized under section 16 of Article V. Section 2(d) of Article V, governing administration, practice and procedure of the judiciary states that a chief judge in each circuit shall be chosen and that the chief judge “shall be responsible for the administrative supervision of the circuit courts and the county courts in his circuit.” There is no reference in this section to the chief judge being responsible for the administrative supervision of the Clerk, although this clause would have been the logical place for such a provision.