Florida Judicial Administration Rule 2.235
RULE 2.235. DISTRICT COURT OF APPEAL BUDGET
COMMISSION
(a) Purpose. The purpose of this rule is to establish a
District Court of Appeal Budget Commission with responsibility for
developing and overseeing the administration of district court
budgets in a manner which ensures equity and fairness in state
funding among the 6 districts.
(b) Responsibilities. The District Court of Appeal Budget
Commission is charged with specific responsibility to:
(1) establish budgeting and funding policies and
procedures consistent with judicial branch plans and policies,
directions from the supreme court, and in consideration of input
from the Commission on District Court of Appeal Performance and
Accountability, and other supreme court committees;
(2) make recommendations to the supreme court on a
unitary district court component of the annual judicial branch
budget request;
(3) advocate for the district court component of the
annual judicial branch budget request;
(4) make recommendations to the supreme court on
funding allocation formulas and/or criteria as well as associated
accountability mechanisms based on actual legislative
appropriations;
(5) monitor district court expenditure trends and
revenue collections to identify unanticipated budget problems and
to ensure the efficient use of resources;
(6) recommend statutory and rule changes related to
district court budgets;
(7) develop recommended responses to findings on
financial audits and reports from the Supreme Court Inspector
General, Auditor General, Office of Program Policy Analysis and
Government Accountability, and other governmental entities
charged with auditing responsibilities regarding district court
budgeting when appropriate;
(8) recommend to the supreme court district court
budget reductions required by the legislature;
(9) identify potential additional sources of revenue for
the district courts;
(10) recommend to the supreme court legislative pay
plan issues for district court personnel, except the commission
shall not make recommendations as to pay or benefits for judges;
and
(11) request input from the Commission on District
Court of Appeal Performance and Accountability on
recommendations from that commission that may impact the
district court budget or require funding.
(c) Operational Procedures. The District Court of Appeal
Budget Commission will establish operating procedures necessary
to carry out its responsibilities as outlined in subdivision (b),
subject to final approval by the supreme court. These procedures
shall include:
(1) a method for ensuring input from interested
constituencies, including the chief judges, marshals, and clerks of
the district courts, other members of the district court judiciary, the
Judicial Management Council, the Commission on District Court of
Appeal Performance and Accountability, and other judicial branch
committees and commissions; and
(2) a method for appeal of the decisions of the District
Court of Appeal Budget Commission. Appeals may be made only by
a chief judge on behalf of the district. Appeals may be heard only by
the District Court of Appeal Budget Commission unless the appeal
is based on the failure of the commission to adhere to its operating
procedures, in which case the appeal may be made to the supreme
court.
(d) Action by Supreme Court or Chief Justice on
Recommendations of District Court of Appeal Budget
Commission. The supreme court or chief justice, as appropriate,
may take any or all of the following actions on recommendations
made by the District Court of Appeal Budget Commission:
(1) The adoption of the recommendations of the
commission made in accordance with the discharge of its
responsibilities listed in subdivision (b) in whole.
(2) The adoption of the recommendations in part and
referral of specific issues or questions back to the commission for
further study or alternative recommendations.
(e) Membership and Organization. The District Court of
Appeal Budget Commission will be composed of 12 voting members
appointed by the chief justice who will represent the interests of the
district courts generally rather than the individual interests of a
particular district.
(1) The membership shall include the chief judge of
each district court of appeal, who shall serve for his or her term as
chief judge. The membership shall also include one additional judge
from each district court of appeal, appointed by the chief justice,
with advice from each chief judge. The marshal of each district
court of appeal shall serve as a nonvoting member. Ex officio
nonvoting members shall also include the chairs of the District
Court of Appeal Performance and Accountability Commission and
the Appellate Court Technology Committee, and the president of the
District Court of Appeal Judges Conference.
(2) The chief justice will appoint 1 member to serve as
chair and 1 member to serve as vice chair, each for a four-year
term, or until the member’s term on the commission expires.
(3) The commission may establish subcommittees as
necessary to satisfactorily carry out its responsibilities.
Subcommittees may make recommendations only to the
commission as a whole. The chair of the commission may appoint a
non-commission member to serve on a subcommittee.
(4) Effective July 1, 2013, the commission shall be
reconstituted with staggered terms for voting members, as follows:
(A) The chief judge of each district will be appointed for his or her
term as chief judge. (B) The additional judge from each odd-
numbered district will be appointed for a four-year term. (C) The
additional judge from each even-numbered district will be appointed
for a two-year term, and thereafter to four-year terms. (D) Each
nonvoting member will serve so long as he or she continues to hold
the office which entitles him or her to membership on the
commission.
(f) Staff Support and Funding. The Office of the State
Courts Administrator will provide primary staff support to the
commission. Adequate staffing and resources will be made available
to the Office of the State Courts Administrator to ensure the
commission is able to fulfill its responsibilities as outlined in this
rule. Sufficient resources will also be provided for the commission
and its subcommittees to meet and otherwise complete its work.
COMMISSION
(a) Purpose. The purpose of this rule is to establish a
District Court of Appeal Budget Commission with responsibility for
developing and overseeing the administration of district court
budgets in a manner which ensures equity and fairness in state
funding among the 6 districts.
(b) Responsibilities. The District Court of Appeal Budget
Commission is charged with specific responsibility to:
(1) establish budgeting and funding policies and
procedures consistent with judicial branch plans and policies,
directions from the supreme court, and in consideration of input
from the Commission on District Court of Appeal Performance and
Accountability, and other supreme court committees;
(2) make recommendations to the supreme court on a
unitary district court component of the annual judicial branch
budget request;
(3) advocate for the district court component of the
annual judicial branch budget request;
(4) make recommendations to the supreme court on
funding allocation formulas and/or criteria as well as associated
accountability mechanisms based on actual legislative
appropriations;
(5) monitor district court expenditure trends and
revenue collections to identify unanticipated budget problems and
to ensure the efficient use of resources;
(6) recommend statutory and rule changes related to
district court budgets;
(7) develop recommended responses to findings on
financial audits and reports from the Supreme Court Inspector
General, Auditor General, Office of Program Policy Analysis and
Government Accountability, and other governmental entities
charged with auditing responsibilities regarding district court
budgeting when appropriate;
(8) recommend to the supreme court district court
budget reductions required by the legislature;
(9) identify potential additional sources of revenue for
the district courts;
(10) recommend to the supreme court legislative pay
plan issues for district court personnel, except the commission
shall not make recommendations as to pay or benefits for judges;
and
(11) request input from the Commission on District
Court of Appeal Performance and Accountability on
recommendations from that commission that may impact the
district court budget or require funding.
(c) Operational Procedures. The District Court of Appeal
Budget Commission will establish operating procedures necessary
to carry out its responsibilities as outlined in subdivision (b),
subject to final approval by the supreme court. These procedures
shall include:
(1) a method for ensuring input from interested
constituencies, including the chief judges, marshals, and clerks of
the district courts, other members of the district court judiciary, the
Judicial Management Council, the Commission on District Court of
Appeal Performance and Accountability, and other judicial branch
committees and commissions; and
(2) a method for appeal of the decisions of the District
Court of Appeal Budget Commission. Appeals may be made only by
a chief judge on behalf of the district. Appeals may be heard only by
the District Court of Appeal Budget Commission unless the appeal
is based on the failure of the commission to adhere to its operating
procedures, in which case the appeal may be made to the supreme
court.
(d) Action by Supreme Court or Chief Justice on
Recommendations of District Court of Appeal Budget
Commission. The supreme court or chief justice, as appropriate,
may take any or all of the following actions on recommendations
made by the District Court of Appeal Budget Commission:
(1) The adoption of the recommendations of the
commission made in accordance with the discharge of its
responsibilities listed in subdivision (b) in whole.
(2) The adoption of the recommendations in part and
referral of specific issues or questions back to the commission for
further study or alternative recommendations.
(e) Membership and Organization. The District Court of
Appeal Budget Commission will be composed of 12 voting members
appointed by the chief justice who will represent the interests of the
district courts generally rather than the individual interests of a
particular district.
(1) The membership shall include the chief judge of
each district court of appeal, who shall serve for his or her term as
chief judge. The membership shall also include one additional judge
from each district court of appeal, appointed by the chief justice,
with advice from each chief judge. The marshal of each district
court of appeal shall serve as a nonvoting member. Ex officio
nonvoting members shall also include the chairs of the District
Court of Appeal Performance and Accountability Commission and
the Appellate Court Technology Committee, and the president of the
District Court of Appeal Judges Conference.
(2) The chief justice will appoint 1 member to serve as
chair and 1 member to serve as vice chair, each for a four-year
term, or until the member’s term on the commission expires.
(3) The commission may establish subcommittees as
necessary to satisfactorily carry out its responsibilities.
Subcommittees may make recommendations only to the
commission as a whole. The chair of the commission may appoint a
non-commission member to serve on a subcommittee.
(4) Effective July 1, 2013, the commission shall be
reconstituted with staggered terms for voting members, as follows:
(A) The chief judge of each district will be appointed for his or her
term as chief judge. (B) The additional judge from each odd-
numbered district will be appointed for a four-year term. (C) The
additional judge from each even-numbered district will be appointed
for a two-year term, and thereafter to four-year terms. (D) Each
nonvoting member will serve so long as he or she continues to hold
the office which entitles him or her to membership on the
commission.
(f) Staff Support and Funding. The Office of the State
Courts Administrator will provide primary staff support to the
commission. Adequate staffing and resources will be made available
to the Office of the State Courts Administrator to ensure the
commission is able to fulfill its responsibilities as outlined in this
rule. Sufficient resources will also be provided for the commission
and its subcommittees to meet and otherwise complete its work.