October 24, 2020
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       Florida Senate - 2010                                    SB 1994
       
       
       
       By Senator Peaden
       
       
       
       
       2-01701-10                                            20101994__
    1                        A bill to be entitled                      
    2         An act relating to the clerks of the court; amending
    3         s. 11.90, F.S.; providing additional powers and duties
    4         of the Legislative Budget Commission; amending s.
    5         28.35, F.S.; revising and providing additional duties
    6         of the Florida Clerks of Court Operations Corporation
    7         relating to funding and budgets of the clerks of
    8         court; providing duties of the Chief Financial
    9         Officer; providing limitations on court-related
   10         functions funded by clerks of the court from certain
   11         fees, service charge, court costs, and fines;
   12         specifying functions required to be included in
   13         funding; specifying excluded functions from funding;
   14         requiring funding of the corporation by contract with
   15         the Chief Financial Officer; amending s. 28.36, F.S.;
   16         revising budget procedures, requirements, criteria,
   17         and limitations for preparing budget requests for
   18         funding court-related functions of the clerks of the
   19         court; providing revised duties and responsibilities
   20         of the clerks of the court, the Florida Clerks of
   21         Court Operations Corporation, and the Chief Financial
   22         Officer; requiring the statewide budget cap for clerks
   23         of the court performing court-related duties to be
   24         included in the General Appropriations Act each year;
   25         requiring the corporation to proportionately reduce
   26         individual approved clerk-of-the-court budgets under
   27         certain circumstances; amending s. 28.37, F.S.;
   28         requiring certain excess fines, fees, charges, and
   29         costs to be remitted to the Department of Revenue for
   30         deposit into the Clerks of the Court Trust Fund;
   31         requiring the corporation to develop procedures and
   32         reporting requirements for transfers to the trust
   33         fund; requiring clerks of the court to retain as a
   34         service charge a percentage of certain fees, charges,
   35         and costs for certain budget purposes; authorizing the
   36         corporation to request a loan of funds from the State
   37         Treasury for certain purposes under certain
   38         circumstances; providing an effective date.
   39  
   40  Be It Enacted by the Legislature of the State of Florida:
   41  
   42         Section 1. Subsection (6) of section 11.90, Florida
   43  Statutes, is amended to read:
   44         11.90 Legislative Budget Commission.—
   45         (6) The commission shall have the power and duty to:
   46         (a) Review and approve or disapprove budget amendments
   47  recommended by the Governor or the Chief Justice of the Supreme
   48  Court as provided in chapter 216.
   49         (b) Develop the long-range financial outlook described in
   50  s. 19, Art. III of the State Constitution.
   51         (c) Review and approve or disapprove the budget of the
   52  Florida Clerks of Court Operations Corporation.
   53         (d) Review and approve the total combined budgets of the
   54  clerks of court, disapprove the total combined budgets of the
   55  clerks of court, or disapprove one or more budgets of specific
   56  clerks of court.
   57  
   58         (e)In addition to the powers and duties specified in this
   59  subsection, the commission shall Exercise all other powers and
   60  perform any other duties prescribed by the Legislature.
   61         Section 2. Section 28.35, Florida Statutes, is amended to
   62  read:
   63         28.35 Florida Clerks of Court Operations Corporation.—
   64         (1)(a) The Florida Clerks of Court Operations Corporation
   65  is created as a public corporation organized to perform the
   66  functions specified in this section and s. 28.36 and shall be
   67  administratively housed within the Justice Administrative
   68  Commission. The corporation shall be a budget entity within the
   69  Justice Administrative Commission, and its employees shall be
   70  considered state employees. The corporation is not subject to
   71  control, supervision, or direction by the Justice Administrative
   72  Commission in the performance of its duties, but the employees
   73  of the corporation shall be governed by the classification plan
   74  and salary and benefits plan of the Justice Administrative
   75  Commission. The classification plan must have a separate chapter
   76  for the corporation. All clerks of the circuit court shall be
   77  members of the corporation and hold their position and authority
   78  in an ex officio capacity. The functions assigned to the
   79  corporation shall be performed by an executive council pursuant
   80  to the plan of operation approved by the members.
   81         (b) The executive council shall be composed of eight clerks
   82  of the court elected by the clerks of the courts for a term of 2
   83  years, with two clerks from counties with a population of fewer
   84  than 100,000, two clerks from counties with a population of at
   85  least 100,000 but fewer than 500,000, two clerks from counties
   86  with a population of at least 500,000 but fewer than 1 million,
   87  and two clerks from counties with a population of more than 1
   88  million. The executive council shall also include, as ex officio
   89  members, a designee of the President of the Senate and a
   90  designee of the Speaker of the House of Representatives. The
   91  Chief Justice of the Supreme Court shall designate one
   92  additional member to represent the state courts system.
   93         (c) The corporation shall be considered a political
   94  subdivision of the state and shall be exempt from the corporate
   95  income tax. The corporation is not subject to the provisions of
   96  chapter 120.
   97         (d) The functions assigned to the corporation under this
   98  section and ss. 28.36 and 28.37 are considered to be for a valid
   99  public purpose.
  100         (2) The duties of the corporation shall include the
  101  following:
  102         (a) Adopting a plan of operation.
  103         (b) Conducting the election of directors as required in
  104  paragraph (1)(a).
  105         (c) Recommending to the Legislature changes in the various
  106  court-related fines, fees, service charges, and court costs
  107  established by law to ensure reasonable and adequate funding of
  108  the clerks of the court in the performance of their court
  109  related functions.
  110         (d) Pursuant to contract with the Chief Financial Officer,
  111  establishing a process for the review and certification of
  112  proposed court-related budgets submitted by the clerks of the
  113  court for completeness and compliance with this section and ss.
  114  28.36 and 28.37. This process shall be designed and be of
  115  sufficient detail to permit independent verification and
  116  validation of the budget certification. The contract shall
  117  specify the process to be used in determining compliance by the
  118  corporation with this section and ss. 28.36 and 28.37 and shall
  119  require the corporation to determine the minimum amount of
  120  revenue necessary for each clerk of the court to efficiently
  121  perform the list of court-related functions specified in
  122  paragraph (4)(a) in the corporation’s budget review and
  123  certification process.
  124         (e) Developing and certifying a uniform system of workload
  125  performance measures and applicable workload performance
  126  standards for the functions specified in paragraph (4)(3)(a) and
  127  the service unit costs required in s. 28.36 and measures for
  128  clerk performance in meeting the workload performance standards.
  129  These workload performance measures and workload performance
  130  standards shall be designed to facilitate an objective
  131  determination of the performance of each clerk in accordance
  132  with minimum standards for fiscal management, operational
  133  efficiency, and effective collection of fines, fees, service
  134  charges, and court costs. The corporation shall develop the
  135  workload performance measures and workload performance standards
  136  in consultation with the Legislature and the Supreme Court. The
  137  Legislature may modify the clerk workload performance measures
  138  and workload performance standards in legislation implementing
  139  the General Appropriations Act or other law. When the
  140  corporation finds a clerk has not met the workload performance
  141  standards, the corporation shall identify the nature of each
  142  deficiency and any corrective action recommended and taken by
  143  the affected clerk of the court. The corporation shall notify
  144  the Legislature and the Supreme Court of any clerk not meeting
  145  performance standards and provide a copy of any corrective
  146  action plans.
  147         (f)(e) Reviewing proposed budgets submitted by clerks of
  148  the court using the process approved by the Chief Financial
  149  Officer pursuant to paragraph (d) for the purpose of making the
  150  certification in paragraph (3)(a). As part of this process, the
  151  corporation shall: pursuant to s. 28.36.
  152         1. Calculate the maximum authorized annual budget pursuant
  153  to the requirements of s. 28.36.
  154         2. Calculate the minimum amount of revenue necessary for
  155  each clerk of court to efficiently perform the list of court
  156  related functions specified in paragraph (4)(a).
  157         3. Prepare a cost comparison of similarly situated clerks
  158  of court, based on county population and numbers of case
  159  filings, using the standard list of court-related functions
  160  specified in paragraph (4)(a).
  161         4. Conduct an annual base budget review and an annual
  162  budget exercise examining the total budget of each clerk of
  163  court. The review shall examine revenues from all sources,
  164  expenses of court-related functions, and expenses of non-court
  165  related functions.
  166         5. Identify any proposed budget that exceeds the maximum
  167  annual budget pursuant to s. 28.36(5) for the standard list of
  168  court-related functions specified in paragraph (4)(a).
  169         6. Identify any proposed budget that contains funding for
  170  items not included on the standard list of court-related
  171  functions specified in paragraph (4)(a).
  172         7. Identify any clerk of court that is projected to have
  173  court-related revenues insufficient to fund anticipated court
  174  related expenditures.
  175         (g)(f) Developing and conducting clerk budget and education
  176  programs.
  177         (h)(g) Publishing a uniform schedule of actual fees,
  178  service charges, and costs charged by a clerk of the court
  179  pursuant to general law.
  180         (i) By August 1 of each year, submitting to the Legislative
  181  Budget Commission, as provided in s. 11.90, its proposed budget
  182  and the information described in paragraph (f), together with
  183  certified budgets for each clerk of the court and each related
  184  or subsidiary corporation. By October 1 of each year, the
  185  Legislative Budget Commission shall consider the submitted
  186  budgets and shall approve or disapprove the corporation’s budget
  187  and may approve the total combined budgets of the clerks of the
  188  court, disapprove the total combined budgets of the clerks of
  189  the court, or disapprove one or more budgets of specific clerks
  190  of the court. If the Legislative Budget Commission fails to
  191  approve a clerk of the court’s budget by October 1, the clerk of
  192  the court shall continue to perform the court-related functions
  193  specified in paragraph (4)(a) based upon the clerk of the
  194  court’s approved budget for the preceding county fiscal year.
  195         (3)(a) The corporation shall certify to the President of
  196  the Senate, the Speaker of the House of Representatives, the
  197  Chief Financial Officer, and the Department of Revenue, by
  198  October 15 of each year, the amount of the approved budget for
  199  each clerk of the court; the revenue projection supporting each
  200  clerk of the court’s budget; each clerk of the court eligible to
  201  retain some or all of the state’s share of fines, fees, service
  202  charges, and court costs; the amount to be paid to each clerk of
  203  the court from the Clerks of the Court Trust Fund within the
  204  Department of Revenue; the workload performance measures and
  205  workload performance standards approved by the corporation for
  206  each clerk of the court; and the performance of each clerk of
  207  the court in meeting the workload performance standards. The
  208  court-related functions that clerks may perform are limited to
  209  those functions expressly authorized by law or court rule. Those
  210  functions include the following: case maintenance; records
  211  management; court preparation and attendance; processing the
  212  assignment, reopening, and reassignment of cases; processing of
  213  appeals; collection and distribution of fines, fees, service
  214  charges, and court costs; processing of bond forfeiture
  215  payments; payment of jurors and witnesses; payment of expenses
  216  for meals or lodging provided to jurors; data collection and
  217  reporting; processing of jurors; determinations of indigent
  218  status; and reasonable administrative support to enable the
  219  clerk of the court to carry out these court-related functions.
  220         (b) Prior to December 1 of each year, the Chief Financial
  221  Officer shall review the certifications made by the corporation
  222  pursuant to paragraph (a) for the purpose of determining
  223  compliance with the process approved pursuant to paragraph
  224  (2)(d) and report his or her findings to the President of the
  225  Senate, the Speaker of the House of Representatives, and the
  226  Department of Revenue. To determine compliance with this
  227  process, the Chief Financial Officer may examine the budgets
  228  submitted to the corporation by the clerks of the court. The
  229  functions that clerks may not fund from state appropriations
  230  include:
  231         1. Those functions not specified within paragraph (a).
  232         2. Functions assigned by administrative orders which are
  233  not required for the clerk to perform the functions in paragraph
  234  (a).
  235         3. Enhanced levels of service which are not required for
  236  the clerk to perform the functions in paragraph (a).
  237         4. Functions identified as local requirements in law or
  238  local optional programs.
  239         (4)(a) The list of court-related functions clerks of the
  240  court may fund from fines, fees, service charges, and court
  241  costs is limited to those functions expressly authorized by law
  242  or court rule. Those functions shall include the following: case
  243  maintenance; records management; court preparation and
  244  attendance; processing the assignment, reopening, and
  245  reassignment of cases; processing of appeals; collection and
  246  distribution of fines, fees, service charges, and court costs;
  247  processing of bond forfeiture payments; payment of jurors and
  248  witnesses; payment of expenses for meals or lodging provided to
  249  jurors; data collection and reporting; processing of jurors;
  250  determinations of indigent status; and reasonable administrative
  251  support costs to enable the clerks of the court to carry out
  252  these court-related functions.
  253         (b) The list of functions clerks of the court may not fund
  254  from fines, fees, service charges, and court costs include:
  255         1. Any function not specified in paragraph (a).
  256         2. Functions assigned by administrative orders that are not
  257  required for the clerk of the court to perform the functions
  258  specified in paragraph (a).
  259         3. Enhanced levels of service which are not required for
  260  the clerk of the court to perform the functions specified in
  261  paragraph (a).
  262         4. Functions identified as local requirements in law or
  263  local optional programs.
  264         (5) The corporation shall be funded pursuant to contract
  265  with the Chief Financial Officer prepare a legislative budget
  266  request for the resources necessary to perform its duties,
  267  submit the request pursuant to chapter 216, and be funded as a
  268  budget entity in the General Appropriations Act. The corporation
  269  may hire staff and pay other expenses from state appropriations
  270  as necessary to perform the official duties and responsibilities
  271  of the corporation as described by law.
  272         (6)(5)(a) The corporation shall submit an annual audited
  273  financial statement to the Auditor General in a form and manner
  274  prescribed by the Auditor General. The Auditor General shall
  275  conduct an annual audit of the operations of the corporation,
  276  including the use of funds and compliance with the provisions of
  277  this section and ss. 28.36 and 28.37.
  278         (b) Certified public accountants conducting audits of
  279  counties pursuant to s. 218.39 shall report, as part of the
  280  audit, whether or not the clerks of the courts have complied
  281  with the requirements of this section and s. 28.36. In addition,
  282  each clerk of court shall forward a copy of the portion of the
  283  financial audit relating to the court-related duties of the
  284  clerk of court to the Supreme Court. The Auditor General shall
  285  develop a compliance supplement for the audit of compliance with
  286  the budgets and applicable performance standards certified by
  287  the corporation.
  288         Section 3. Section 28.36, Florida Statutes, is amended to
  289  read:
  290         (Substantial rewording of section. See
  291         s. 28.36, F.S., for present text.)
  292         28.36 Budget procedure.—A budget procedure is established
  293  for preparing budget requests for funding court-related
  294  functions of the clerks of the court.
  295         (1) Only those functions on the standard list developed
  296  pursuant to s. 28.35(4)(a) may be funded from fines, fees,
  297  service charges, and court costs retained by the clerks of the
  298  court. A clerk of the court may not use fines, fees, service
  299  charges, and court costs in excess of the maximum budget amounts
  300  as established in subsection (5).
  301         (2) Each clerk of the court shall prepare a budget request
  302  for the county fiscal year beginning October 1 and ending
  303  September 30th of the ensuing year. The proposed budget shall be
  304  prepared, summarized, and submitted by the clerk of the court in
  305  each county to the Florida Clerks of Court Operations
  306  Corporation in the manner and form prescribed by the corporation
  307  to meet the requirements of law. The corporation shall display
  308  on its public web site the proposed budgets and the approved
  309  budgets for each clerk of the court. The budget requests must be
  310  provided to the corporation by October 1 of each year.
  311         (3) Each proposed budget shall further conform to the
  312  following requirements:
  313         (a) On or before October 1 for each fiscal year thereafter,
  314  the proposed budget shall be prepared, summarized, and submitted
  315  by the clerk of the court in each county to the corporation in
  316  the manner and form prescribed by the corporation. However, at a
  317  minimum, the proposed budgets shall include for each clerk of
  318  the court the information required in s. 216.023(4)(a). The
  319  proposed budget must provide detailed information on the
  320  anticipated revenues available and expenditures necessary for
  321  the performance of the standard list of court-related functions
  322  of the clerk of the court’s office developed pursuant to s.
  323  28.35(4)(a) for the county fiscal year beginning the following
  324  October 1. The corporation shall also prepare its proposed
  325  budget by October 1 of each year, which shall also contain the
  326  minimum information required in s. 216.023(4)(a), and provide a
  327  summary listing of clerks of the court who have not met all
  328  workload performance measures and the specific measures that
  329  each clerk of the court did not achieve.
  330         (b) The proposed budget must be balanced, such that the
  331  total of the estimated revenues available must equal or exceed
  332  the total of the anticipated expenditures. These revenues
  333  include the following: cash balances brought forward from the
  334  prior fiscal period; revenue projected to be received from fees,
  335  service charges, court costs, and fines for court-related
  336  functions during the fiscal period covered by the budget; and
  337  supplemental revenue that may be requested pursuant to
  338  subsection (4). The anticipated expenditures must be itemized as
  339  required by the corporation, pursuant to contract with the Chief
  340  Financial Officer.
  341         (c) The proposed budget may include a contingency reserve
  342  not to exceed 10 percent of the total budget, provided that,
  343  overall, the proposed budget does not exceed the limits
  344  prescribed in subsection (5).
  345         (4) If a clerk of the court estimates that available funds
  346  plus projected revenues from fines, fees, service charges, and
  347  costs for court-related services are insufficient to meet the
  348  anticipated expenditures for the standard list of court-related
  349  functions in s. 28.35(4)(a) performed by his or her office, the
  350  clerk of the court shall report the revenues deficit to the
  351  corporation in the manner and form prescribed by the corporation
  352  pursuant to contract with the Chief Financial Officer. The
  353  corporation shall verify that the proposed budget is limited to
  354  the standard list of court-related functions in s. 28.35(4)(a).
  355         (a) If the corporation verifies that the proposed budget is
  356  limited to the standard list of court-related functions in s.
  357  28.35(4)(a) and revenue deficit is projected, a clerk of the
  358  court seeking to retain revenues pursuant to this subsection
  359  shall increase all fees, service charges, and any other court
  360  related clerk of the court fees and charges, and charges to the
  361  maximum amounts specified by law or the amount necessary to
  362  resolve the deficit, whichever is less. If after increasing
  363  fees, service charges, and any other court-related clerk of the
  364  court fees and charges to the maximum amounts specified by law,
  365  a revenue deficit is still projected, the corporation shall,
  366  pursuant to the terms of the contract with the Chief Financial
  367  Officer, certify a revenue deficit and notify the Department of
  368  Revenue that the clerk is authorized to retain revenues, in an
  369  amount necessary to fully fund the projected revenue deficit,
  370  which he or she would otherwise be required to remit to the
  371  Department of Revenue for deposit into the Clerks of the Court
  372  Trust Fund pursuant to s. 28.37. If a revenue deficit is
  373  projected for that clerk of the court after retaining all of the
  374  projected collections from the court-related fines, fees,
  375  service charges, and costs, the Department of Revenue shall
  376  certify the amount of the revenue deficit amount to the
  377  Executive Office of the Governor and request release authority
  378  for funds appropriated for this purpose from the Clerks of the
  379  Court Trust Fund. Notwithstanding provisions of s. 216.192
  380  related to the release of funds, the Executive Office of the
  381  Governor may approve the release of funds appropriated to
  382  resolve projected revenue deficits in accordance with the
  383  notice, review, and objection procedures set forth in s. 216.177
  384  and shall provide notice to the Chief Financial Officer. The
  385  Department of Revenue shall request monthly distributions from
  386  the Chief Financial Officer in equal amounts to each clerk of
  387  the court certified to have a revenue deficit, in accordance
  388  with the releases approved by the Governor.
  389         (b) If the Chief Financial Officer finds that the court
  390  related budget proposed by a clerk of the court includes
  391  functions not included in the standard list of court-related
  392  functions in s. 28.35(4)(a), the Chief Financial Officer shall
  393  notify the clerk of the court of the amount of the proposed
  394  budget not eligible to be funded from fees, service charges,
  395  costs, and fines for court-related functions and shall identify
  396  appropriate corrective measures to ensure budget integrity. The
  397  clerk of the court shall then immediately discontinue all
  398  ineligible expenditures of court-related funds for this purpose
  399  and reimburse the Clerks of the Court Trust Fund for any
  400  previously ineligible expenditures made for non-court-related
  401  functions and shall implement any corrective actions identified
  402  by the Chief Financial Officer.
  403         (5) The Legislative Budget Commission may approve increases
  404  to the maximum annual budgets approved for individual clerks of
  405  the court pursuant to this section for court-related duties, if:
  406         (a) The additional funding is necessary to pay the cost of
  407  performing new or additional functions required by changes in
  408  law or court rule. Before the Legislative Budget Commission may
  409  approve an increase in the maximum annual budget of any clerk of
  410  the court under this subsection, the corporation must provide
  411  the commission with a statement of the impact of the proposed
  412  budget changes on state revenues, and evidence that the
  413  respective clerk of the court is meeting or exceeding the
  414  established workload performance standards for measures on the
  415  fiscal management, operational efficiency, and effective
  416  collection of fines, fees, service charges, and court costs; or
  417         (b) The additional funding is necessary to pay the cost of
  418  supporting increases in the number of judges or magistrates
  419  authorized by the Legislature. Before the Legislative Budget
  420  Commission may approve an increase in the maximum annual budget
  421  of any clerk of the court under this paragraph, the corporation
  422  must provide the commission with a statement of the impact of
  423  the proposed budget changes on state revenues; evidence that the
  424  respective clerk of the court is meeting or exceeding the
  425  established performance standards for measures on the fiscal
  426  management, operational efficiency, and effective collection of
  427  fines, fees, service charges, and court costs; and a proposed
  428  staffing model including the cost and number of staff necessary
  429  to support each new judge or magistrate. The total amount of
  430  increases approved by the Legislative Budget Commission for each
  431  county fiscal year shall not exceed an amount equal to 2 percent
  432  of the maximum annual budgets approved pursuant to this section
  433  for all clerks of the court, in the aggregate, for that same
  434  county fiscal year.
  435         (6) The corporation may submit proposed legislation to the
  436  Governor, the President of the Senate, and the Speaker of the
  437  House of Representatives no later than November 1 in any year
  438  for approval of clerk of the court budget request amounts
  439  exceeding the restrictions in this section for the following
  440  October 1. If proposed legislation is recommended, the
  441  corporation shall also submit supporting justification with
  442  sufficient detail to identify the specific proposed expenditures
  443  that would cause the limitations to be exceeded for each
  444  affected clerk of the court and the estimated fiscal impact on
  445  state revenues.
  446         (7) It is the intent of the Legislature that the budget and
  447  appropriations functions of and related to the clerks of court
  448  shall be part of the state budgeting process by the 2011-2012
  449  fiscal year.
  450         Section 4. Notwithstanding s. 28.36, Florida Statutes, the
  451  statewide budget cap for clerks of the court performing court
  452  related duties shall be included each year in the General
  453  Appropriations Act. The Florida Clerks of Court Operations
  454  Corporation shall proportionately reduce individual approved
  455  budgets of clerks of the court to ensure that the sum of the
  456  approved budgets does not exceed this statewide cap.
  457         Section 5. Section 28.37, Florida Statutes, is amended to
  458  read:
  459         28.37 Fines, fees, service charges, and costs remitted to
  460  the state.—
  461         (1) Pursuant to s. 14(b), Art. V of the State Constitution,
  462  selected salaries, costs, and expenses of the state courts
  463  system and court-related functions shall be funded from a
  464  portion of the revenues derived from statutory fines, fees,
  465  service charges, and costs collected by the clerks of the court.
  466         (2) Except as otherwise provided in ss. 28.241 and 34.041,
  467  all court-related fines, fees, service charges, and costs above
  468  what is needed to fund the court-related budget of the clerk of
  469  the court are considered state funds and shall be remitted by
  470  the clerk of the court to the Department of Revenue for deposit
  471  into the Clerks of the Court Trust Fund within the Justice
  472  Administrative Commission. The Florida Clerks of Court
  473  Operations Corporation shall develop the procedures and
  474  reporting requirements to accomplish the transfer to the trust
  475  fund. However, 10 percent of all court-related fines collected
  476  by the clerk shall be deposited into the clerk’s Public Records
  477  Modernization Trust Fund to be used exclusively for additional
  478  clerk court-related operational needs and program enhancements.
  479         (3) The clerk of the court shall retain a service charge of
  480  7 percent of all court-related filing fees, service charges, and
  481  costs collected by the clerk of the court, which shall be
  482  applied to the clerk of the court’s court-related budget adopted
  483  by the Florida Clerks of Court Operations Corporation.
  484         Section 6. The Chair of the Florida Clerks of Court
  485  Operations Corporation may request a loan of funds pursuant to
  486  s. 215.18, Florida Statutes, notwithstanding the ability of the
  487  Clerks of the Court Trust Fund to repay the loan by the end of
  488  the fiscal year, if, at any time during the 2010-2011 fiscal
  489  year, the Revenue Estimating Conference projects that revenue
  490  deposited into the Clerks of the Court Trust Fund will be less
  491  than 98 percent of the amount appropriated from the trust fund
  492  in the General Appropriations Act for 2010-2011 fiscal year.
  493         Section 7. This act shall take effect upon becoming a law.

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