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 be required 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.