October 30, 2020
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646219
  Amendment
Bill No. 1935
Amendment No. 646219
CHAMBER ACTION
Senate House
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1Representative(s) Brummer offered the following:
2
3     Amendment (with title amendment)
4     Between lines 310 and 311, insert:
5     Section 1.  Transfer of Court-Related Clerk of Circuit
6Court Functions Pilot Program.--
7     (1)  LEGISLATIVE INTENT.--The Legislature finds that it is
8imperative to the well-being of the citizens of this state, and
9consistent with the State Constitution, that trial courts
10operate with efficiency and economy, but also autonomy, in the
11prompt and proper delivery of justice. The Legislature further
12finds that to operate at the most optimal level, complete court
13control over court-related functions is essential. Current
14statutory authority, however, presents an impediment to that
15control in that many court-related functions are administered by
16both the Clerk of the Court, as statutorily mandated, and the
17court. Such duality of responsibility and control fosters
18discord within the court system, confusion among litigants where
19functions are duplicated, and waste of valuable state and local
20resources. Thus, the Legislature finds, as a matter of public
21policy, that consolidating resources within the judicial branch
22of government, by transferring court-related functions performed
23by the Clerks of Court to the Courts, is consistent with the
24objectives of Article V of the State Constitution, as well as of
25judicial efficiency, economy, and autonomy. It is the intent of
26the Legislature to study the feasibility of consolidating court-
27related functions currently performed by the 67 Clerks of Court
28and the 20 offices of Court Administration into a single
29Administrative Office of the Court that works for and reports to
30the Chief Judge in each of the 20 judicial circuits. In
31accordance with these findings, a pilot program shall be
32established in the Ninth Judicial Circuit transferring all
33court-related powers and duties from the Clerk of the Circuit
34Court to the Chief Judge for that circuit.
35     (2)  ADMINISTRATION.--
36     (a)  A pilot program, commencing on January 1, 2006, and
37continuing through December 31, 2008, is established in the
38Ninth Judicial Circuit, whereby the Chief Judge for the Ninth
39Judicial Circuit shall assume all powers, duties, and
40responsibilities relating to the courts within that circuit and
41currently overseen by the Clerk of the Circuit Court for Orange
42County and the Clerk of the Circuit Court for Osceola County.
43The powers, duties, and responsibilities transferred to the
44Chief Judge include, but are not limited to, employment and
45supervision of personnel whose principal activities are to serve
46the courts in connection with judicial actions and proceedings.
47Nothing in this section shall affect the clerks'
48responsibilities relating to their roles as ex officio clerk of
49the board of county commissioners, auditor, recorder, and
50custodian of county funds not associated with court-related
51functions.
52     (b)  The Chief Judge for the Ninth Judicial Circuit may
53designate any of the Clerk of Circuit Courts' court-related
54duties, statutory or otherwise, to be performed by the Court
55Administrator and Court Administration staff.
56     (c)  The Chief Judge for the Ninth Judicial Circuit shall
57collect and be responsible for all moneys collected in
58connection with judicial actions, proceedings, and records
59currently collected by the Clerks of the Circuit Court and shall
60deposit such moneys on a monthly basis into the General Revenue
61Fund.
62     (d)  The Clerk of the Circuit Court for Orange County and
63the Clerk of the Circuit Court for Osceola County shall be
64relieved of any obligation imposed by law with respect to the
65powers, duties, and responsibilities that the pilot program
66imposes on the Chief Judge for the Ninth Judicial Circuit.
67     (3)  REPORTING.--By January 31, 2007, and January 31, 2008,
68the Chief Judge for the Ninth Judicial Circuit shall submit
69preliminary reports to the President of the Senate, the Speaker
70of the House of Representatives, and the Governor outlining the
71establishment, operation, organization, and economic impact of
72the pilot program to that date, including any statistical data
73available. By January 31, 2009, the Chief Judge shall submit a
74final report to the President of the Senate, the Speaker of the
75House of Representatives, and the Governor which shall include
76an overall assessment of the pilot program, recommendations for
77further legislation, and the feasibility of extending
78consolidation throughout the state.
79     (4)  FUNDING.--The sums of $__________ and $__________ are
80appropriated from the General Revenue Fund to establish,
81operate, and administer the pilot program.
82
83
84================ T I T L E  A M E N D M E N T =============
85     Remove line 6 and insert:
86An act relating to the state judicial system; providing
87legislative intent; directing the creation of a pilot
88program in the Ninth Judicial Circuit Court for purposes
89of transferring duties and responsibilities of the clerk
90of court to the Chief Judge; providing for administration
91of the program; providing powers, duties, and
92responsibilities of the Chief Judge of the circuit court
93under the program; requiring reports; providing
94unspecified appropriations; amending s.


CODING: Words stricken are deletions; words underlined are additions.
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