CRC - 2017 P 28 By Commissioner Coxe coxeh-00044-17 201728__ 1 A proposal to amend 2 Sections 14 and 16 of Article V of the State 3 Constitution to require the state, rather than 4 counties, to fund the cost of communications services 5 for trial courts and to designate the clerk of the 6 circuit court or county court as the official records 7 custodian for court records. 8 9 Be It Proposed by the Constitution Revision Commission of 10 Florida: 11 12 Sections 14 and 16 of Article V of the State Constitution 13 are amended to read: 14 ARTICLE V 15 JUDICIARY 16 SECTION 14. Funding.— 17 (a) All justices and judges shall be compensated only by 18 state salaries fixed by general law. Funding for the state 19 courts system, state attorneys’ offices, public defenders’ 20 offices, and court-appointed counsel, except as otherwise 21 provided in subsection (c), shall be provided from state 22 revenues appropriated by general law. 23 (b) All funding for the offices of the clerks of the 24 circuit and county courts performing court-related functions, 25 except as otherwise provided in this subsection and subsection 26 (c), shall be provided by adequate and appropriate filing fees 27 for judicial proceedings and service charges and costs for 28 performing court-related functions as required by general law. 29 Selected salaries, costs, and expenses of the state courts 30 system may be funded from appropriate filing fees for judicial 31 proceedings and service charges and costs for performing court 32 related functions, as provided by general law. Where the 33 requirements of either the United States Constitution or the 34 Constitution of the State of Florida preclude the imposition of 35 filing fees for judicial proceedings and service charges and 36 costs for performing court-related functions sufficient to fund 37 the court-related functions of the offices of the clerks of the 38 circuit and county courts, the state shall provide, as 39 determined by the legislature, adequate and appropriate 40 supplemental funding from state revenues appropriated by general 41 law. 42 (c) No county or municipality, except as provided in this 43 subsection, shall be required to provide any funding for the 44 state courts system, state attorneys’ offices, public defenders’ 45 offices, court-appointed counsel or the offices of the clerks of 46 the circuit and county courts performing court-related 47 functions. Counties are
shall berequired to fund the cost of 48 communications services, existing radio systems, and existing 49 multi-agency criminal justice information systems for public 50 defenders’ offices, state attorneys’ offices, and the offices of 51 the clerks of the circuit and county courts performing court 52 related functions, and the cost of construction or lease, 53 maintenance, utilities, and security of facilities for the trial 54 courts, public defenders’ offices, state attorneys’ offices, and 55 the offices of the clerks of the circuit and county courts 56 performing court-related functions. Counties shall also pay 57 reasonable and necessary salaries, costs, and expenses of the 58 state courts system to meet local requirements as determined by 59 general law. The state is required to fund the cost of 60 communications services for the trial courts. For purposes of 61 this subsection, the term “communications services” includes, 62 but is not limited to, all technology. 63 (d) The judiciary shall have no power to fix 64 appropriations. 65 SECTION 16. Clerks of the circuit courts.— 66 (a) There shall be in each county a clerk of the circuit 67 court who shall be selected pursuant to the provisions of 68 Article VIII section 1. Notwithstanding any other provision of 69 the constitution, the duties of the clerk of the circuit court 70 may be divided by special or general law between two officers, 71 one serving as clerk of court and one serving as ex officio 72 clerk of the board of county commissioners, auditor, recorder, 73 and custodian of all county funds. There may be a clerk of the 74 county court if authorized by general or special law. 75 (b) The clerk of the circuit court or county court are the 76 official records custodian for court records. Court records must 77 be stored, maintained, transmitted, and made available to the 78 courts by the clerk in accordance with standards and 79 requirements established by the supreme court.