MEETING AGENDA 12 p.m. to 1:30 p.m. (Eastern Time), Wednesday, March 21, 2018 Telephone Conference Call

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1 MEETING AGENDA 12 p.m. to 1:30 p.m. (Eastern Time), Wednesday, March 21, 2018 Telephone Conference Call Note: By close of business on Monday, March 19, 2018, materials will be posted at: Welcome and Roll Call I. Approval of December 18, 2017, Meeting Minutes 12:00-12:05 p.m. II. FY Budget Status 12:05-12:15 p.m. A. Salary Budgets B. Positions Vacant More than 180 Days C. Operating Budgets D. Trust Fund Cash Balances III. Reallocation of FY Post-Adjudicatory Drug Court Funds 12:15-12:20 p.m. IV. FY Year-End Spending Plan 12:20-12:45 p.m. V Legislative Session Issues and Outcomes 12:45-1:00 p.m. A. FY General Appropriations Act/Implementing Bill B. Executive Committee Discussion on Operating Budget Realignment C. Substantive Legislation VI. Preparing for FY Allocations 1:00-1:20 p.m. A. Problem-Solving Court Funding and Proviso B. Other Issues 1 of 61

2 TCBC Agenda March 21, 2018 Page Two VII. Report from Chief Justice Designee to Florida Clerks of Court Operations Corporation Executive Council 1:20-1:25 p.m. VIII. Other Business 1:25-1:30 p.m. Adjourn Next Meeting: Tuesday, June 26, 2018, at 8:30 a.m. in Orlando -- FY Allocations 2 of 61

3 Agenda Item I. Approval of Meeting Minutes 3 of 61

4 DRAFT Trial Court Budget Commission Meeting Minutes December 18, 2017 Conference Call Attendance Members Present The Honorable Margaret Steinbeck, Chair The Honorable Mark Mahon, Vice Chair The Honorable Scott Bernstein The Honorable Monica Brasington The Honorable Catherine Brunson Ms. Holly Elomina The Honorable Ronald Ficarrotta Mr. Tom Genung The Honorable Robert Hilliard The Honorable Frederick Lauten Ms. Sandra Lonergan The Honorable Diana Moreland The Honorable Debra Nelson The Honorable Gregory Parker Ms. Kathleen Pugh The Honorable Anthony Rondolino Mr. Grant Slayden The Honorable Elijah Smiley Mr. Walt Smith The Honorable Bertila Soto The Honorable John Stargel The Honorable Patricia Thomas Mr. Mark Weinberg Attendance Members Absent The Honorable Joseph Williams Special Note: It is recommended that these minutes be used in conjunction with the meeting materials. Chair Steinbeck called the Trial Court Budget Commission (TCBC) meeting to order at 11:30 a.m. and reminded members that the meeting was being recorded for administrative accuracy. The roll was taken with a quorum present. She invited phone participants and members of the audience to introduce themselves. Agenda Item I: Approval of July 22, 2017, Meeting Minutes Chair Steinbeck presented the draft meeting minutes from the July 22, 2017, TCBC meetings and asked if there were any changes necessary before approval. Judge Mahon moved to approve the minutes as drafted. Judge Parker seconded, and the motion passed without objection. Agenda Item II: FY Budget Status A. Salary Budgets Dorothy Willard provided an overview of the trial court salary budgets for FY as of November 30, The salary liability for the trial courts General Revenue/State Court Revenue Trust Fund is approximately $2.2 million over the salary appropriation. The Administrative Trust 4 of 61

5 Trial Court Budget Commission Minutes December 18, 2017 Conference Call Page 2 of 7 Fund salary liability is under the appropriation by $39,634, and the Federal Grants Trust Fund liability is over the appropriation by $31,358. Ms. Willard noted there is an additional contract adjustment due from the Department of Revenue, and once the funding is received from that contract adjustment, the Federal Grants Trust Fund liability should be under appropriation by approximately $23,000. B. Positions Vacant More Than 180 Days Beatriz Caballero provided an overview of the positions vacant for more than 180 days as of December 7, Ms. Caballero noted that the majority of the vacancies are interpreters. C. Operating Budgets Dorothy Willard provided an overview of the operating budgets for FY as of November 30, 2017, in comparison with the same time period last fiscal year. She noted spending is down in the Other Personal Services (OPS) category approximately 17%, Expenses and Other Capital Outlay (OCO) categories spending is approximately the same, and Contracted Service and Lease Purchase categories continue to have a downward trend. Ms. Willard noted that staff is continuing to work with the circuits to shift these funds to a more useful category as the needs for Contracted Service and Lease Purchase continue to decrease in the circuits. It was noted that spending is slightly lower in the court reporting and court interpreting elements, and more significantly lower in the expert witness element. Ms. Willard provided an overview of FY legislative projects and senior judge activity as of November 30, She stated the senior judge days served are down approximately 13% from this same period last year. D. Trust Fund Cash Balances Dorothy Willard provided an overview of the State Courts Revenue Trust Fund (SCRTF) cash analysis as of November 30, 2017, and stated there is an approximate carry forward into next fiscal year of $8 million. Ms. Willard noted there was a reduction in revenue for October 2017 due to some of the courts being closed during Hurricane Irma. The upcoming Revenue Estimating Conference (REC) meeting in January will take into consideration the impact Hurricane Irma may have had on the trust fund. Ms. Willard then provided an overview of the Administrative Trust Fund (ATF), and stated there is an approximate balance of $2.6 million. 5 of 61

6 Trial Court Budget Commission Minutes December 18, 2017 Conference Call Page 3 of 7 Agenda Item III: FY Allocation Policies and Procedures A. Standard Base Operating Categories and Non-Due Process Categories Dorothy Willard provided a historical overview of base operating budget and non-due process category allocation procedures from FY through FY , noting the standard base operating categories were not reallocated each year, and specific non-due process categories were only changed through the legislative budget process or when an individual circuit requested to realign funding to meet long-term operating needs. She stated that in FY , the TCBC approved revised allocation procedures in an effort to apply all unobligated funds toward a year-end statewide spending plan to address critical needs. In FY , the TCBC set specific budget management policies and procedures for circuit allocations, in part due to FY budget reductions and prior reversion history, to ensure resources were maximized and to allow for a year-end spending plan earlier than the last quarter of the fiscal year. It was noted that on June 27, 2017, the TCBC directed the Budget Management Committee (BMC) to evaluate the effectiveness of the FY budget management policies and procedures, and make recommendations to continue for FY or adopt revised budget management policies and procedures. The BMC completed their analysis and recommended Option 3, to discontinue the FY budget management policies and procedures and recommended circuits be given an opportunity in January to evaluate unobligated funds for a year-end spending plan. The Executive Committee (EC) also recommended Option 3. Walt Smith moved to approve Option 3. Judge Ficarrotta seconded, and the motion passed without objection. B. Due Process Category Dorothy Willard reported that with the elimination of FY budget management policies, the TCBC must re-address the Due Process category and policies for addressing due process deficits. Ms. Willard then provided a historical overview of Procedures for Addressing Deficits in Due Process Services Appropriation Category, stating these procedures were first developed in FY Ms. Willard noted that on June 27, 2017, the TCBC directed the BMC to evaluate the effectiveness of the FY budget management policies and procedures, and make recommendations to continue for FY or adopt revised budget management policies and procedures. 6 of 61

7 Trial Court Budget Commission Minutes December 18, 2017 Conference Call Page 4 of 7 The BMC completed their analysis and recommended Option 3: should the TCBC approve discontinuation of the FY budget management policies and procedures, reactivate the FY Procedures for Addressing Deficits in Due Process Services Appropriation Category for FY The EC also recommended Option 3. Judge Stargel, Chair of the BMC, added that as the committee reviewed FY data, it was clear that the FY policies provided all court staff a better understanding of the administrative processes and therefore, the committee concluded that reverting to the FY policies would not impede the circuits ability to work together, to ensure the trial courts are maximizing funds and addressing statewide needs. Judge Stargel moved to approve Option 3. Judge Thomas seconded, and the motion passed without objection. Agenda Item IV: Allocation of Re-Appropriated FY Senior Judge Days Jessie McMillan reported that at the June 27, 2017, TCBC meeting, the anticipated number of FY senior judge days to be re-appropriated was unknown. Therefore, the TCBC approved delaying the allocation until after the certified forward process for FY was complete. Ms. McMillan stated the Funding Methodology Committee (FMC) voted to approve Option 1, approve the proposed FY circuit allocations of the FY re-appropriation senior judge days based on the official methodology using judicial need. Judge Steinbeck clarified the methodology used for FY re-appropriated days is the same methodology used to determine FY senior judge day allocations previously approved in June. Judge Smiley moved to approve Option 1. Tom Genung seconded, and the motion passed without objection. Agenda Item V: FY Mediation Allocation 6 th Circuit Request to Move FTE and Recalculate Funding Formula Jessie McMillan reported the 6 th Circuit has requested the transfer of 2.0 FTE from the mediation element to the case management element in an effort to mitigate a projected deficit of approximately $120,000. In conjunction with the requested FTE shift, the 6 th Circuit also requested the contractual funding formula for mediation be recalculated. Ms. McMillan then reviewed the proposed recalculation of the FY contractual funding formula based on the transfer of the 2.0 FTE, and reported the proposed additional contractual funding to the 6 th Circuit from the statewide mediation reserve is $84, of 61

8 Trial Court Budget Commission Minutes December 18, 2017 Conference Call Page 5 of 7 Ms. McMillan stated the recalculation still requires the 6 th Circuit be held to their funding ceiling, and no additional funding above the current ceiling is being provided. Also, no adjustments were made to the methodology or funding formula that was used to determine FY allocations, and approval of this request will not impact previously approved FY allocations for any circuit. The FMC and BMC recommended Option 1, to approve the 6 th Circuit s request to transfer 2.0 FTE Court Program Specialist I positions and allocate additional contractual funding from the statewide mediation reserve in the amount of $84,697 for a total contractual allocation of $448,292. Judge Ficarrotta moved to approve Option 1. Judge Mahon seconded, and the motion passed without objection. Agenda Item VI: Legislative Developments A. Governor s FY Budget Recommendations Eric Maclure reported the governor has issued his FY budget recommendations. The governor proposes elimination of 43.0 FTE in the court system; as written, the recommendation does not impact salary dollars or associated rate. The proposed eliminations are 9.0 FTE in Executive Direction, 15.5 FTE in the appellate courts, and 18.0 FTE in the trial courts. Of the 18.0 FTE in the trial courts, 10.0 are currently unfunded FTE that are remaining from prior legislative reductions in past fiscal years; the remaining 8.0 FTE are positions in the 11 th, 16 th, and 17 th circuits. OSCA staff is monitoring these recommendations; there is no indication at this time whether the House or Senate will recommend a similar reduction. The positions currently identified for elimination are being monitored by OSCA Human Resources staff to report to legislative staff if any of these vacant FTE are filled. Judge Steinbeck recommended staff in the 11 th, 16 th, and 17 th circuit confer with Eric Maclure and Beatriz Caballero to discuss the identified position numbers. Judge Steinbeck then reported there is a legislative proposal for an 18% reduction in traffic fines for defendants that complete a driver education course. Eric Maclure added that the reduced revenues would impact the State Court Revenue Trust Fund (SCRTF), with a projected reduction in the first year of implementation of $3.2 million, and a reduction of $3.6 million per year once fully implemented. Mr. Maclure stated there has been a proposal by the governor s office to the Revenue Estimating Conference (REC) to redirect marriage license and appearance fees from General Revenue to the SCRTF to hold the trust fund harmless. This proposal is only offered as an option and has not been picked up as an amendment by either the House or the Senate. PK Jameson clarified that this proposal would not resolve the revenue reduction issue in the legislature, but OSCA management has been in communication with legislative staff about this issue. 8 of 61

9 Trial Court Budget Commission Minutes December 18, 2017 Conference Call Page 6 of 7 B Regular Session Chair Steinbeck provided an overview of activities to date and preparations for the legislative session that begins in January Judge Mahon, Judge Steinbeck, and PK Jameson, along with District Court of Appeal Budget Commission (DCABC) members Judge Gerber and Judge Roberts, have held meetings with our budget subcommittee senators and representatives to discuss the Judicial Branch s Legislative Budget Request (LBR) issues. Chair Steinbeck noted trial court issues have been discussed with legislative staff, primarily the impact the reduction in salary budget has had on the trial courts in the form of a hard freeze during FY In addition, the branch s representatives have expressed the impact for FY should the salary cut not be restored. Chair Steinbeck noted legislative feedback to this issue has been positive; however, it may be a hard year for legislative approval of issue requests as revenues received are down from revenue projections. Chair Steinbeck thanked the circuit court chief judges and trial court administrators for their efforts and outreach in making their local delegation aware of this issue. Agenda Item VII. Other Business A. Proposed Rule on Recording of Certain Court Interpreting Events Chair Steinbeck reported the TCBC has been asked to provide comments in regards to a proposed rule change on court interpreting events. Chair Steinbeck asked Eric Maclure and Judge Moreland to present this issue. Eric Maclure began by providing an overview of this issue s origination. Judge Moreland, Chair of the Commission on Trial Court Performance and Accountability (TCP&A), then provided a summary of actions to date, and a status report. Judge Moreland reported that upon receipt of Chair Steinbeck s request, the Joint Due Process Workgroup of the Trial Court Budget Commission (JDPW) began collaborating with the Due Process Technology Workgroup (DPTW), chaired by Gary Hagan, Chief Technology Officer in the 14 th Circuit, to evaluate the technical solutions for implementing this proposed rule amendment. The JDPW and DPTW have met in three times to date, and the determination is there is not a one-size-fits-all approach to this issue as there are numerous logistical and operational implications of implementing this proposed rule amendment. In conclusion, the JDPW and the DPTW recommend, should the Supreme Court move forward with this rule and requirement, that a pilot program be created to test the implications and to glean a more accurate assessment of the impact (viability, cost, FTE needs, etc.). The JDPW and DPTW also recommend the TCBC request the TCP&A to examine the issue to develop standard operating practices/best practices for implementing a rule that will certainly impact every day proceedings in all courtrooms. 9 of 61

10 Trial Court Budget Commission Minutes December 18, 2017 Conference Call Page 7 of 7 Chair Steinbeck then referenced Rule that established the TCBC, and noted the commission s responsibilities are solely budgetary and feels the TCBC should only make recommendations regarding budgetary impact(s); however, the joint workgroup has been extremely successful with their recommendations to determine best practices that may make an issue affordable. Therefore, Chair Steinbeck stated her intent is to respond to the Supreme Court s request for comments by providing fiscal impact implications only, but will also explain the TCBC s coordination with the TCP&A and the TCBC s agreement with the JDPW and DPTW recommendations. Chair Steinbeck added the TCBC s response is due to the Supreme Court by January 2, She will circulate the proposed response to the commission between Christmas and New Years for feedback. B. Alternative Dispute Resolution Rules and Policy Committee Workgroup on Mediation Fees Chair Steinbeck stated feedback for this issue is not due to the court until April 2018; therefore she recommends deferring this issue to the next TCBC meeting for discussion. However, she did ask Eric Maclure to provide a brief overview of the issue. Eric Maclure reported the ADR Rules and Policy Committee has recommended changes to the mediation fees, which support the SCRTF. The proposal is to consolidate current fees to one fee. This would potentially increase revenue to the trust fund, but would also potentially allow for more individuals to participate in the subsidized mediation offered by circuit programs, which could create a workload impact. The TCBC has been asked to analyze this proposed change, and staff continues to work with Chair Steinbeck and at her direction, will present the proposed findings/response to the full commission for consideration. Agenda Item VIII. Report from Chief Justice Designee to Clerks of Court Operations Corporation Executive Council Judge Ficarrotta reported the Clerk of Court Operations Corporation (CCOC) will meet today, December 18, 2017, via conference call. The CCOC will be discussing the impact Hurricane Irma had on the clerks and their revenues, currently estimated at a loss of $14 million. The clerks are facing a budget shortfall for this fiscal year, and the CCOC is working with the legislature to address these funding issues. Judge Ficarrotta noted there was a very successful collection summit in early November, and there is discussion of collaborating with the judicial conferences and presenting an education program regarding collections of clerk issues at those conferences. Adjournment With no other business before the commission, the meeting adjourned at 12:59 p.m. 10 of 61

11 Agenda Item II.A. FY Budget Status Salary Budgets 11 of 61

12 Trial Court Budget Commission March 21, 2018 Conference Call Item II.A.: Salary Budgets FY Trial Courts Salary Budget General Revenue and State Courts Revenue Trust Fund February 2018 CIRCUIT 1 Projected Full Employment Payroll Liability through June 30, ,033,245 2 Projected DROP Liability through June 30, ,922 3 Projected Law Clerk Below Minimum Pay Plan Liability through June 30, ,143 4 Projected Law Clerk Incentives Pay Plan Liability through June 30, ,093 5 Law Clerk Payroll Liability FY through FY ,170 6 Judicial Assistant Incentive Liability through June 30, ,153 7 Projected Overtime Liability through June 30, ,671 8 Court Interpreter Certification Liability 29,101 9 Total Projected Payroll Liability through June 30, ,330, Salary Appropriation (287,342,116) 11 Projected Liability OVER/(UNDER) Salary Full Employment 3,988, Actual Payroll Adjustments through February 28, 2018 (3,763,159) 13 Adjusted Liability OVER/(UNDER) Salary Full Employment 225, Projected Leave Payouts 601, Final Adjusted Liability OVER/(UNDER) Salary Full Employment 826,988 COUNTY Trial Court Summary 16 Projected Full Employment Payroll Liability through June 30, ,621, Projected DROP Liability through June 30, ,688 Judicial Assistant Incentive Liability through June 30, , Salary Appropriation (91,527,480) 19 Projected Liability OVER/(UNDER) Salary Full Employment 114, Actual Payroll Adjustments through February 28, 2018 (1,103,766) 21 Adjusted Liability OVER/(UNDER) Salary Full Employment (988,965) 22 Projected Leave Payouts 93, Final Adjusted Liability OVER/(UNDER) Salary Full Employment (894,976) 24 Projected Full Employment Payroll Liability through June 30, ,654, Projected DROP Liability through June 30, , Projected Law Clerk Below Minimum Pay Plan Liability through June 30, , Projected Law Clerk Incentives Pay Plan Liability through June 30, , Law Clerk Payroll Liability FY through FY , Judicial Assistant Incentive Liability through June 30, , Projected Overtime Liability through June 30, , Court Interpreter Certification Liability 29, Total Projected Payroll Liability through June 30, ,972, Salary Appropriation (378,869,596) 34 Projected Liability OVER/(UNDER) Salary Full Employment 4,103, Actual Payroll Adjustments through February 28, 2018 (4,866,925) 36 Projected Liability OVER/(UNDER) Salary Full Employment (763,742) 37 Projected Leave Payouts 695, Final Adjusted Liability OVER/(UNDER) Salary Full Employment (67,988) 12 of 61 Prepared by the OSCA Office of Budget Services

13 Agenda Item II.A.: Salary Budgets Trial Court Budget Commission March 21, 2018 Conference Call FY Trial Courts Salary Budget Administrative Trust Fund February Projected Full Employment Payroll Liability through June 30, ,523 2 Projected Overtime Liability through June 30, Projected Drop Liability through June 30, 2018 (641) 4 Court Interpreter Certification Liability 0 5 Total Projected Payroll Liability through June 30, ,211 6 Salary Appropriation (278,379) 7 Projected Liability OVER/(UNDER) Salary Full Employment (36,168) 8 Actual Payroll Adjustments through February 28, Adjusted Liability OVER/(UNDER) Salary Full Employment (35,706) 10 Projected Leave Payouts Adjusted Liability OVER/(UNDER) Salary Full Employment (35,144) FY Trial Courts Salary Budget Federal Grants Trust Fund February Projected Full Employment Payroll Liability through June 30, ,161,209 2 FY Current Contract Amount (6,155,997) 3 Projected Liability OVER/(UNDER) Salary Full Employment 5,212 4 Actual Payroll Adjustments through February 2018 (44,178) 5 Adjusted Liability OVER/(UNDER) Salary Full Employment (38,966) 6 Projected Leave Payouts 68,854 7 Adjusted Liability OVER/(UNDER) Salary Full Employment 29, of 61 Prepared by the OSCA Office of Budget Services

14 Agenda Item II.B. FY Budget Status Positions Vacant More Than 180 Days 14 of 61

15 Agenda Item II.B.: Vacancies over 180 days as of March 16, 2018 Trial Court Budget Commission March 21, 2018 Circuit Cost Center Cost Center Name Position # Class Title FTE # of Days Vacant Date Position Vacant Base Rate 6th Circuit 129 Court Reporting Services COURT REPORTER II /09/2017 $52, th Circuit 131 Court Interpreting Services COURT INTERPRETER /16/2017 $37, th Circuit 122 Case Management COURT PROGRAM SPECIALIST II /05/2017 $36, th Circuit 131 Court Interpreting Services COURT INTERPRETER-CERTIFIED /19/2015 $43, th Circuit 210 Cir Cts - 11th Circ - Ct. Admin ADMINISTRATIVE ASSISTANT I /01/2016 $33, th Circuit 131 Court Interpreting Services COURT INTERPRETER /01/2015 $37, th Circuit 131 Court Interpreting Services COURT INTERPRETER /01/2015 $37, th Circuit 131 Court Interpreting Services COURT INTERPRETER-CERTIFIED /01/2016 $43, th Circuit 131 Court Interpreting Services COURT INTERPRETER-CERTIFIED /21/2016 $43, th Circuit 131 Court Interpreting Services COURT INTERPRETER-CERTIFIED /17/2016 $43, th Circuit 131 Court Interpreting Services COURT INTERPRETER-CERTIFIED /30/2016 $43, th Circuit 131 Court Interpreting Services COURT INTERPRETER-CERTIFIED /29/2017 $43, th Circuit 131 Court Interpreting Services COURT INTERPRETER ,197 12/01/2014 $37, th Circuit 131 Court Interpreting Services COURT INTERPRETER-CERTIFIED /27/2016 $43, th Circuit 131 Court Interpreting Services COURT INTERPRETER /01/2016 $37, th Circuit 131 Court Interpreting Services COURT INTERPRETER /31/2015 $37, Page 1 of 3 15 of 61 TCBC Report prepared by the Office of Human Resources

16 Agenda Item II.B.: Vacancies over 180 days as of March 16, 2018 Trial Court Budget Commission March 21, 2018 Circuit Cost Center Cost Center Name Position # Class Title FTE # of Days Vacant Date Position Vacant Base Rate 11th Circuit 131 Court Interpreting Services COURT INTERPRETER-CERTIFIED /01/2017 $43, th Circuit 131 Court Interpreting Services COURT INTERPRETER-CERTIFIED /17/2017 $43, th Circuit 131 Court Interpreting Services COURT INTERPRETER-CERTIFIED /01/2017 $43, th Circuit 131 Court Interpreting Services COURT INTERPRETER-CERTIFIED /25/2016 $43, th Circuit 131 Court Interpreting Services COURT INTERPRETER /01/2015 $37, th Circuit 131 Court Interpreting Services COURT INTERPRETER /01/2015 $37, th Circuit 131 Court Interpreting Services COURT INTERPRETER /01/2017 $37, th Circuit 131 Court Interpreting Services COURT INTERPRETER /01/2017 $37, th Circuit 131 Court Interpreting Services COURT INTERPRETER-CERTIFIED /28/2017 $43, th Circuit 430 Mediation Arbitration Cost Recovery-15th MEDIATOR-CIRCUIT/FAMILY /07/2017 $45, th Circuit 430 MEDIATION SERVICES 16TH CIRCUIT MEDIATOR-CIRCUIT/FAMILY /11/2016 $45, th Circuit 131 Court Interpreting Services COURT INTERPRETER-CERTIFIED /28/2017 $43, th Circuit 131 Court Interpreting Services COURT INTERPRETER-CERTIFIED /11/2017 $43, th Circuit 122 Case Management COURT PROGRAM SPECIALIST II /07/2017 $36, th Circuit 210 CIRC CTS - 18TH CIRC - CT. ADMIN ADMINISTRATIVE ASSISTANT II /07/2017 $34, th Circuit 131 Court Interpreting Services COURT INTERPRETER-CERTIFIED /25/2017 $43, Page 2 of 3 16 of 61 TCBC Report prepared by the Office of Human Resources

17 Agenda Item II.B.: Vacancies over 180 days as of March 16, 2018 Trial Court Budget Commission March 21, 2018 Circuit Cost Center Cost Center Name Position # Class Title FTE # of Days Vacant Date Position Vacant Base Rate 1 The 6th Circuit has advertised this position in several locations (online Steno boards, Indeed, Sixth Judicial Circuit website, as well as several local and state colleges). 2 The 10th Circuit is currently advertising this position in several locations (OSCA website, employ Florida, People First, circuit website, FSC, USF, PSC, weber-local colleges/universities, Polk Clerk of Courts, Polk State Attorney, Polk Public Defender, Polk BoCC, NCSC, NAJIT and ATIF). 3 The 11th Circuit held interviews on 3/13/18 hoping to fill this vacancy soon. 4 The 11th Circuit filled this position on 3/12/18; PAR to be completed. 5 The 11th Circuit is currently scheduling candidates to interview. 6,7,8,9,10,11,12,13,14,15,16,17,18,19,20,21,22 The 11th Circuit continues to encounter tremendous difficulties hiring and retaining Certified Court Interpreters. The circuit has on-going open recruitment for Certified Court Interpreters but is unable to fill due to inadequate starting salary. The circuit also encounters difficulties in finding applicants that are willing to commit to full-time employment at the current salary. The circuit regularity tries different recruitment approaches to find qualified candidates. 23,24 The 13th Circuit notes that it is consistent with the mandated practices and hiring decisions for interpreters set forth in TCP&A s Standards of Operation and has given priority to the hiring of a certified interpreters. The number prospective certified interpreter resources interested in staff interpreter positions and interpreter resources who meet the certification requirements around the state are limited. The 13th Circuit continues to advertise its certified interpreter vacancies and is hopeful that the release of the upcoming interpreter examination/certification test results will produce additional candidates meeting the certification requirements. 25 The 15th Circuit has had difficulties finding certified individuals. When certified individuals were contacted regarding the vacancies, some individuals have stated that they preferred contractual work due to the low salary for staff Certified Spanish Interpreters. The position has been continuously advertised and remains open until filled. 26 The 15th Circuit had difficulties finding a part-time mediator. When individuals were contacted regarding the vacancy, some individuals have stated that they preferred a full-time position. They also commented on the low salary for the mediator positions. The circuit notes that it was fortunate to finally find an individual who was qualified for the position and willing to accept the part-time status and salary beginning on Monday, March The 16th Circuit is presently unable to fill. It is considering a reclassification. 28,29 The 17th Circuit has been advertising for both positions since they became vacant. However, no qualified interpreters have applied as the circuit can only hire certified interpreters for these positions. The circuit still has a very strong need for the positions, but has had to resort to contract interpreters to fill this need. 30,31 The 18th Circuit has extended a job offer with an anticipated start date for both positions of Monday, March 26, The 19th Circuit requests to maintain this position. It has remained vacant for > 180 days due to difficulty in recruiting qualified (certified) candidates. This may be due to the salary (at $43,331.16/yr.). The job is currently posted in People First from 02/02/2018 through 05/29/2018. To date the circuit has received 17 applications for the position. No candidates are qualified with the possible exception of 1 candidate currently under review. The position was posted numerous times previously in Page 3 of 3 17 of 61 TCBC Report prepared by the Office of Human Resources

18 Agenda Item II.C. FY Budget Status Operating Budgets 18 of 61

19 Agenda Item II.C.: Operating Budgets Trial Court Budget Commission March 21, 2018 Conference Call The data below represents the status of the FY operating budgets as of February 28, Category Other Personal Services Expenses Operating Capital Outlay Contracted Services Lease/Lease Purchase Other Data Processing Services Budget Entity Appropriation Expended/ Encumbered Remaining Balance % Expended/ Encumbered Circuit 695, , , % County 10,241 5,587 4, % Total 705, , , % Circuit 4,937,844 2,859,025 2,078, % County 2,445,455 1,683, , % Total 7,383,299 4,542,433 2,840, % Circuit 311, , , % County 17, , % Total 328, , , % Circuit 540, , , % County 239, , , % Total 780, , , % Circuit 40,417 35,239 5, % County 24,373 17,363 7, % Total 64,790 52,602 12, % Circuit 97,902 76,953 20, % Category Additional Compensation to County Judges Civil Traffic Infraction Hearing Officers Mediation Services Due Process - Expert Witness Due Process - Court Reporting Due Process - Court Interpreting Total Due Process Appropriation Expended/ Encumbered Remaining Balance % Expended/ Encumbered 75,000 42,400 32, % 1,959, , , % 3,037,326 1,844,009 1,193, % 7,202,369 3,535,966 3,666, % 7,594,085 4,503,295 3,090, % 3,609,904 2,008,311 1,601, % 18,406,358 10,047,572 8,358, % 19 of 61

20 Agenda Item II.C.: Operating Budgets Trial Court Budget Commission March 21, 2018 Conference Call The data below represents the status of the FY operating budgets as of February 28, Legislative Projects Veterans Court Legislative Projects Post Adjudicatory Drug Court Naltrexone - Drug Treatment Circuit Appropriation Expended/ Encumbered Remaining Balance % Expended/ Encumbered 00 1, , % , , , % ,000 26, , % , , , % ,000 52, , % ,000 95, , % ,000 41, , % ,000 96, , % ,500 58,499 92, % , , % 20 86,000 26,361 59, % Total 2,229, ,426 1,514, % Circuit Appropriation Expended/ Encumbered Remaining Balance % Expended/ Encumbered 00 13, , % , , , % , ,245 57, % , , , % , , , % , , , % , , , % , ,435 30, % 17 1,121, , , % ,805 3, , % Total 5,000,000 2,365,387 2,634, % 00 7,500,000 3,827,550 3,672, % GPS Monitoring , , , % Juvenile Drug Court , ,181 55, % Adult Drug Court ,421 5, , % 20 of 61

21 Agenda Item II.C.: Operating Budgets Trial Court Budget Commission March 21, 2018 Conference Call The data below represents the status of the FY operating budgets as of February 28, Senior Judge Activity Summary Regular Senior Judge Allocation As of February 28, 2018 Circuit Allotted Days Days Transferred Days Served Remaining Allotted Days Percent Remaining 1st % 2nd % 3rd % 4th % 5th % 6th % 7th % 8th % 9th % 10th % 11th % 12th % 13th % 14th % 15th 300 (15) % 16th % 17th % 18th % 19th % 20th % Reserve % TOTAL 5, ,013 2, % 21 of 61

22 Agenda Item II.D. FY Budget Status Trust Fund Cash Balances 22 of 61

23 Agenda Item II.D. Trust Fund Cash Balances SCRTF Based on Liability with Lapse Estimates Article V Revenue Estimating Conference Projections Trial Court Budget Commission March 21, 2018 Conference Call 1 February 16, ,431,593 6,668,750 5,919,533 5,530,928 5,712,263 5,709,020 5,600,000 6,300,000 6,600,000 6,200,000 6,375,978 6,238,331 73,286,396 2 July 31, ,344,051 6,300,000 6,200,000 6,000,000 6,000,000 5,400,000 6,000,000 5,800,000 6,300,000 6,900,000 6,200,000 6,455,949 73,900,000 3 February 9, 2018¹ 6,344,051 5,962,337 6,868,492 4,675,672 5,931,372 5,550,625 5,412,643 5,700,000 6,200,000 7,000,000 6,300,000 7,154,808 73,100,000 4 State Courts Revenue Trust Fund July August September October November December January February March April May June Year To Date Summary* 5 Beginning Balance 12,115,659 11,810,644 12,342,495 13,463,841 11,689,825 11,830,578 12,260,222 10,771,628 11,587,117 12,452,167 12,205,163 12,708,293 12,115,659 6 Fee and Fine Revenue Received² 6,392,445 6,082,558 6,839,043 4,689,108 6,028,806 5,552,677 5,503,682 6,422,987 6,200,000 7,000,000 6,300,000 7,154,808 74,166,114 Cost Sharing (JAC transfers/$3,695,347 due 7 annually) 842,914 80, ,904 80, , , , ,921 3,695,347 8 Refunds/Miscellaneous 11, (49) 11,938 9 Total Revenue Received 7,235,359 6,175,134 6,839,113 5,532,012 6,028,871 5,633,601 6,320,976 6,529,685 6,661,921 7,000,000 6,300,000 7,616,729 77,873, Available Cash Balance 19,351,018 17,985,778 19,181,608 18,995,853 17,718,696 17,464,179 18,581,197 17,301,312 18,249,038 19,452,167 18,505,163 20,325,021 89,989, Total Staff Salary Expenditures (5,936,136) (5,642,920) (5,717,479) (5,764,290) (5,886,533) (5,202,895) (6,505,574) (5,714,195) (5,789,127) (5,789,127) (5,789,127) (5,789,127) (69,526,530) 12 Shift Expenditures from GR Supreme Court (281,371) (281,371) 13 Shift Expenditures from GR OSCA (12,150) (12,150) 14 Shift Expenditures from GR DCA (817,815) (817,815) 15 Shift Expenditures from GR Circuit 233, , Shift Expenditures from GR County 594, , Refunds (728) (363) (288) (1,585) (1,063) (7,744) (7,744) (7,744) (7,744) (35,000) 18 Total SCRTF Operating Expenditures³ (5,936,864) (5,643,283) (5,717,767) (5,764,290) (5,888,118) (5,203,958) (6,505,574) (5,714,195) (5,796,871) (5,796,871) (5,796,871) (6,079,496) (69,844,155) 19 8% General Revenue Service Charge ⁴ (1,603,510) (1,541,737) (1,303,996) (1,450,134) (5,899,377) 20 Ending Cash Balance 11,810,644 12,342,495 13,463,841 11,689,825 11,830,578 12,260,222 10,771,628 11,587,117 12,452,167 12,205,163 12,708,293 14,245,526 14,245,526 ¹ Based on the February 9, 2018, Revenue Estimating Conference Monthly Estimates ² Actual revenues received reported by REC and OSCA differ due to the timing of reporting by the Department of Revenue and FLAIR posting to the SCRTF. ³ Total budget authority is $75,003,092 ($74,968,092 for staff salary expenditures and $35,000 for refunds of state revenues). State Courts System State Courts Revenue Trust Fund Monthly Cash Analysis Fiscal Year Reporting (Official Estimates) ⁴ The GR service charge for July is based on revenues collected/projected for the last three months of the prior fiscal year. The service charges for October, January, and April are based on revenues collected/projected for the prior three months. Based on Actual Revenue and Expenditures for July February and REC Revenues and Estimated Expenditures for March June Estimated 8% GRSC for July 2018 (1,636,385) 23 of 61 Prepared by OSCA Office of Budget Services

24 Agenda Item II.D.: Trust Fund Cash Balances ATF State Courts System FY Cash Statement Administrative Trust Fund As of February 28, 2018 Trial Court Budget Commission March 21, 2018 Conference Call Circuit Courts: Cost Center 267 (State Funded Services Cost Recovery) Beginning Balance July August September October November December January February Year To Date Summary Revenues 2,582, ,656, ,696, ,753, ,814, ,887, ,985, ,051, ,582, Due Process Cost Recovery Revenue Reserve 1,014, Due Process Cost Recovery Revenue 1,568, , , , , , , , , , Total Revenues (Including Cash Carried Forward) 2,582, ,656, ,696, ,753, ,814, ,887, ,985, ,051, ,114, ,114, Salaries (010000) (19,378.96) (19,250.14) (19,250.09) (19,712.42) (19,773.14) (20,899.03) (20,757.37) (20,919.23) (159,940.38) Due Process (105420) (24,055.12) (14,007.60) (30,756.65) (48,995.84) (37,689.60) (9,747.90) (35,235.26) (200,487.97) Prior Year Certified Forwards (7,846.81) (69,149.79) 76, Refunds (220020) (1,155.30) (379.00) (536.47) (25.00) (507.00) (181.80) (119.50) (2,904.07) Total Operating Expenditures (28,381.07) (112,834.05) 43, (51,005.54) (68,793.98) (59,095.63) (30,687.07) (56,273.99) (363,332.42) Service Charges to General Revenue (310322) (16,968.99) (13,525.25) (18,376.71) (48,870.95) Circuit Courts Available Cash Balance 2,582, ,611, ,583, ,797, ,749, ,818, ,925, ,002, ,058, ,702, of 61 Prepared by OSCA Office of Budget Services

25 Agenda Item III. Reallocation of FY Post-Adjudicatory Drug Court Funds 25 of 61

26 Trial Court Budget Commission March 21, 2018 Conference Call Agenda Item III.: Reallocation of FY Post-Adjudicatory Drug Court Funds Background In the fiscal year General Appropriations Act, the Legislature appropriated funding totaling $5,000,000 in recurring general revenue in the contractual services category for postadjudicatory drug courts. Specifically, proviso states: From the funds in Specific Appropriation 3187, $5,000,000 in recurring general revenue funds is provided for treatment services, drug testing, ancillary services, and case management for offenders in post-adjudicatory drug court programs in Broward, Escambia, Hillsborough, Marion, Okaloosa, Orange, Pinellas, Polk, Seminole, and Volusia counties. Each program shall serve prison-bound offenders (at least 50 percent of participants shall have Criminal Punishment Code scores of greater than 44 points, but no more than 60 points) and shall make residential treatment beds available for clients needing residential treatment. At its June 27, 2017, meeting, the Trial Court Budget Commission (TCBC) approved allocations for all of the named counties in the proviso except Seminole County, which was a newly designated county included in the appropriation for FY The allocation for Seminole County was pending at the time of the TCBC meeting, as the 18 th Judicial Circuit determined the funding need for the program. The approved allocations were based on current year expenditures as well as the projected number of people to be served. By vote in August 2017, the TCBC approved an FY allocation of $195,805 for the Seminole County post-adjudicatory drug court program, leaving $13,983 at the statewide level. Issue Based on analysis of current year rates of expenditure, and assessment of treatment and case management needs for the remainder of FY , it is recommended that the TCBC consider adjusting existing allocations for several circuits. Some circuits anticipate funding shortages based on expected treatment provision needs for existing participants, thus requiring additional contracted services (e.g., treatment) funds for the current fiscal year. Other circuits have reviewed their year-to-date and projected expenditures and have identified excess funding that 26 of 61

27 can be reallocated. Furthermore, the First and Eighteenth circuits have identified a need for OPS case management support for the remainder of FY The following table reflects the identified funding needs and proposed changes to the circuit allocations: Circuit/County Original FY Allocation Amount Needed for Contracted Services (100777) Amount to Reallocate from Contracted Services (100777) New Proposed FY Allocation 2 1 Escambia 1 Okaloosa $717, $(36,394.00) $680, Marion $168, $21, $189, Pinellas $599, $599, Volusia $318, $318, Orange $639, $639, Polk $430, $57, $488, Hillsborough $795, $153, $948, Broward $1,121, $(130,207.00) $991, Seminole $195, $(65,344.00) $130, Subtotal $4,986, $232, $(231,945.00) $4,986, Statewide $13, $13, Total $5,000, $5,000, Decision Needed Option 1: Approve the proposed FY reallocations for the post-adjudicatory drug court program. If approved, the reallocation would leave $13, at the statewide level. Option 2: Do not approve and consider an alternative. 1 Because the appropriation is in the contractual services category, budget amendments would have to be processed to move funds into the OPS category. 2 The proposed allocations were developed in cooperation with the Office of Court Improvement within the Office of the State Courts Administrator, which assists the circuits with the post-adjudicatory drug court program. 27 of 61

28 Agenda Item IV. FY Year-End Spending Plan 28 of 61

29 Agenda Item IV. FY Year-End Spending Plan Trial Court Budget Commission March 21, 2018 Conference Call Background: At its meeting on December 18, 2017, the TCBC approved the Budget Management Committee recommendations on budget management policy and procedures, which included that circuits be given an opportunity to evaluate unobligated funds for a year-end spending plan to cover critical unmet needs in the circuits and maximize resources to the best allowable use. As a result, the TCBC directed staff to move forward with steps to assist the circuits with the planning for a statewide year-end spending plan. Status: On February 7, 2018, the circuits were contacted for assistance in determining if any unobligated funds were remaining that could be pooled together to meet the needs on a statewide level, after each circuit had estimated its budgetary needs through fiscal year-end and assessed funding needed to address its own internal spending plans. Additionally, the circuits were asked to provide any funding requests, including a detailed description of the items to be purchased and a priority ranking of those items. Summary and Analysis of Spending Plan Options: As part of the unobligated exercise, the circuits returned $1,586,615 in unobligated funds (Attachment A). The circuits also identified funding priorities and are seeking assistance from the statewide year-end spending plan for the following: case management support, remote interpreting equipment, digital court reporting equipment, due process equipment, technology programming, private area furnishings, judicial viewers, and general equipment (Attachments B and C). After reserving funds for projected due process deficits and other unanticipated operating budget emergencies, there is a total of $2,699,249 in available funding to address circuit priorities (Attachment D). The circuit priority needs requested total $2,538,348. The FY Trial Court Budget and Pay Administration Memorandum states that expenditures for due process equipment are not allowable from the Due Process Contractual Services category (with the exception of Cost Recovery funds). An exception to the memorandum will be needed from the chief justice to implement the year-end spending plan. Options: 1. Approve the proposed year-end spending plan. Submit to the chief justice an exception request to allow the trial courts to purchase equipment, as part of the trial courts statewide year-end spending plan for critical due process equipment needs identified through year-end. 2. Propose an alternative plan. 29 of 61

30 Attachment A FY Trial Court Year End Spending Plan Year End Unobligated Return and Reversion Comparison FY FY FY A B C D E F G H I J Circuit Year End Unobligated Funds Returned Circuit Year End Spending Plan Request Reversions Year End Unobligated Funds Returned (including quarterly sweeps) Total Circuit Year End Spending Plan Approved Reversions Year End Unobligated Funds Returned Total Circuit Year End Spending Plan Approved 1 41,156 13,776 9,825 14,518 24, ,499 33,443 44,942 50, , ,962 2,314 36,608 38, , ,930 7, , ,389 25,599 42,637 18,922 61,559 32,307 16,958 68,605 85, , , ,915 5, ,081 24, ,504 6, , , , ,707 26,034 13,492 39, ,008 30, , , , ,378 42,116 66,494 19, ,925 44, , , , , , , , ,785 62, , , , ,707 40, ,697 22, ,771 51,942 22,457 25,597 48,054 32, , ,800 97,984 35, ,152 66, ,765 57, ,451 12, , ,000 70,852 41, , ,299 11,535 63,005 74,540 44, , ,934 54, ,796 68, , , , , , ,124 36, , , , ,221 75, , , , ,750 43,851 70,663 71, ,657 34, ,127 22,204 27,471 28,410 55,881 46,265 17,403 56,328 73,731 12, , ,233 36,902 73, ,398 80, ,027 58, , ,992 75,000 25,198 21,410 46,608 12,500 43,591 37,692 81,283 11, , , ,823 89, , , , , , , ,075 30,000 11, ,209 88,787 9,193 9,100 18,293 36, ,905 71,686 42,493 80, , ,138 46, , , , , ,888 55,145 51, , , ,661 99, ,161 99,077 Totals 1,586,615 2,538,348 1,748, ,866 2,677,646 1,843,534 1,405,432 1,539,381 2,944,813 2,429, of 61

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