CopyAgo (Fla. Att'y Gen. 1978).
Published | Florida Attorney General Reports
...provided for the use of the prosecuting officer of a former subordinate court. Hence, we must examine the applicable provisions of law regarding operation and costs of the state attorney's office to determine what services are provided and by whom. Section 27.34 (1), F. S. 1975, provides that `[n]o county or municipality shall appropriate or contribute funds to the operation of the various state attorneys.' Section 27.34 (2) provides: The state attorney shall be provided by the counties within their judicial circuits with such office space, utilities, telephone service, custodial services, library services, transportation services , and communication se...
...76-285 , Laws of Florida, following items 755-774, indicates that the conclusion reached in AGO 073-458 remains unchanged. That proviso states: Provided, however, office space, and related expenses for custodial services and utilities shall continue to be provided by the counties as prescribed by section 27.34 (2), F. S. Any operating capital outlay items now provided by county [sic] to state attorneys shall continue to be provided. Notwithstanding section 27.34 (2), F....
...It is not, of course, within the power of this office to make a determination upon either the wisdom or the constitutionality of such a proviso. I must, therefore, presume its validity and give effect to it. Hence, the transportation services which the county must provide as required by s. 27.34 (2) are limited to such centralized county transportation services as were provided by the county in fiscal year 1973-1974 to all units of county government and made available for use by the state attorney's office, for which the costs of such services were not prorated....
...rpretation set forth in AGO 073-329, that only the costs of installation of telephone service or of connection with a central PBX system should be paid by the county. Schwarz v. Glucker, No. 73-607-CA (19th Jud. Cir. 1974). The court on the basis of s. 27.34 (2), F....
CopyAgo (Fla. Att'y Gen. 1987).
Published | Florida Attorney General Reports
...Clerk of the Circuit and County Court Brevard County 400 South Street Post Office Box H Titusville, Florida 32780-0115 Dear Mr. Winstead: This is in response to your request for an opinion on substantially the following questions: 1. SHOULD DISTRIBUTIONS FROM THE LOCAL GOVERNMENT CRIMINAL JUSTICE TRUST FUND PURSUANT TO s. 27.3455(2)(a), F.S., BE MADE ONLY TO COUNTIES? 2. MAY THE LOCAL GOVERNMENT CRIMINAL JUSTICE TRUST FUND BE USED FOR COMMUNICATION SERVICES EXPENSES OF THE STATE ATTORNEY AND PUBLIC DEFENDER? 3. WHAT EXPENSES ARE PROPERLY CLASSIFIED AS "COMMUNICATION SERVICES" PURSUANT TO s. 27.34 (2), F.S.? You have also asked how county responsibility for certain expenses and costs will be affected if s. 27.3455, F.S., is not reenacted prior to its repeal effective October 1, 1988. However, s. 27.3455 is currently in effect, and any comments by this office as to the effect of its repeal on county responsibility for certain expenses and costs would be speculative in nature, dependent on the occurrence or nonoccurrence of legislative action at some future date, and thus inappropriate for consideration herein. QUESTION ONE Section 27.3455, F.S., imposes on persons pleading guilty or nolo contendere to, or found guilty of, any felony, misdemeanor, or criminal traffic offense under state law or the violation of certain municipal or county ordinances an additional cost in...
...State Treasurer for deposit in the Local Government Criminal Justice Trust Fund, which fund is to be administered by the Governor following consultation with chairpersons for the appropriations committees of the Senate and House of Representatives. Section
27.3455(2)(a), F.S., provides in pertinent part that funds in the Local Government Criminal Justice Trust Fund shall be distributed "to the governmental unit which provides to the state attorney and public defender the services outlined in s.
27.34 (2) and s.
27.54 (3), except that such funds may not be used to pay for office space, utilities, or custodial services." (e.s.) Section
27.3455, F.S., was created by s. 2 of Ch. 85-213, Laws of Florida. Sections 1 and 4 of Ch. 85-213, supra, added the second sentences of present ss.
27.34 (2) and
27.54 (3), F.S., respectively, to direct that the offices of the state attorneys and public defenders "shall also be provided with" certain pretrial consultation fees, travel expenses, court reporter costs, deposition costs, and costs for copying of certain depositions. Compare, AGO 84-94 (no statutory authority for payment of cost items subsequently enumerated in ss. 1 and 4 of Ch. 85-213) with AGO 86-85 (counties obligated to pay costs enumerated in second sentences of ss.
27.34 [2] and
27.54 [3] except to extent that state funds appropriated to and expended by state attorneys and public defenders are used to pay such costs, subject to presentation of certificate of clerk or judge or certified copy of judgment of court as to such costs in certain cases). My examination of the legislative history of Ch. 85-213 indicates that the Legislature intended that the enactment of s. 2 thereof, creating s.
27.3455, would provide a source of revenue with which to pay the cost items being authorized under ss. 1 and 4. However, it further appears that counties are not the only "governmental units" providing services enumerated in ss.
27.34 (2) and
27.54 (3) to the offices of the state attorneys and public defenders, notwithstanding the provisions of those sections. While ss.
27.34 (2) and
27.54 (3), F.S., expressly refer to services to be provided by the counties and to costs which "shall also be provided," it is clear that state attorneys and public defenders have statutory authority for the expenditure of state funds for such services and costs. See, s. 11, Ch. 86-168, Laws of Florida, providing in pertinent part as follows: The provisions of s.
27.34 or s.
27.54 , Florida Statutes, to the contrary notwithstanding: (1) State attorneys and public defenders may expend state funds appropriated for the 1986-1987 fiscal year for items enumerated in s.
27.34 or s....
...such items. See also, s. 12, Ch. 85-120, Laws of Florida; s. 8, Ch. 84-361, Laws of Florida; and s. 11, Ch. 83-347, Laws of Florida (substantially identical language with respect to prior fiscal years). Thus, it appears that the items enumerated in ss.
27.34 (2) and
27.54 (3) which would otherwise be payable by the respective counties may in fact be funded by the counties or by the state pursuant to appropriations to and expenditures by the several offices of the state attorneys and public defenders for such items. Therefore, to the extent that s. 11, Ch. 86-168, Laws of Florida, operates to authorize the state attorneys and public defenders to expend state funds appropriated to their offices by the Legislature for the services and cost items enumerated in ss.
27.34 (2) and
27.54 (3), F.S., "[t]he provisions of [those sections] to the contrary notwithstanding," and in view of the evident legislative intent in enacting s. 2, Ch. 85-213, Laws of Florida, creating s.
27.3455, F.S., to provide a source of revenue to be distributed to the "governmental unit" which provides such services and costs, I am of the view that counties are not the only "governmental units" which may receive distributions from the Local Government Criminal Justice Trust Fund pursuant to s.
27.3455(2)(a), F.S. It is apparent from your inquiry and other information furnished to this office that the central issue implicit in your first question is whether s.
27.3455(2)(a), F.S., permits the distribution of funds from the Local Government Criminal Justice Trust Fund directly to the individual offices of the several state attorneys and public defenders as "governmental units." However, a resolution of t...
...ld not be made directly to the offices of the state attorneys and the public defenders, nor does it appear that there is any definitive evidence of legislative intent appearing in the history of the enactment of Ch. 85-213, Laws of Florida, creating s. 27.3455, F.S., which supports a contrary position....
...] would be to appoint a working group to prepare recommended legislation for the 1987 session which clearly establishes obligations of the counties versus the State appropriations to the respective State Attorneys and Public Defenders." QUESTION TWO Section 27.34 (2), F.S., specifically and clearly provides that "such office space, utilities, telephone service, custodial services, library services, transportation services, and communication services as may be necessary for the proper and efficient functioning of [the] offices" (e.s.) of the several state attorneys shall be provided by the counties within their judicial circuits. Section 27.3455(2)(a), F.S., provides in pertinent part that "[f]unds shall be distributed quarterly [from the Local Government Criminal Justice Trust Fund] to the governmental unit which provides to the state attorney . . . the services outlined in s. 27.34 (2) . . . except that such funds may not be used to pay for office space, utilities, or custodial services." Provision of communication services is not among those services outlined in s. 27.34 (2) which are specifically excluded from services for which funds from the Local Government Criminal Justice Trust Fund may be utilized pursuant to s. 27.3455(2)(a)....
...27.54 (3), F.S., providing in pertinent part that "[t]he public defenders shall be provided by the counties within their judicial circuits with such office space, utilities, telephone services, and custodial services as may be necessary for the proper and efficient functioning of these offices." Compare, s.
27.34 (2), F.S., specifically imposing on the counties the authority and duty to provide these services as well as such "library services, transportation services, and communication services as may be necessary for the proper and efficient functioning of these offices." Thus, since s.
27.3455(2)(a), F.S., authorizes distributions from the Local Government Criminal Justice Trust Fund to the governmental unit providing the state attorney and public defender the services outlined in ss.
27.34 (2) and
27.54 (3), and since s....
..."Communications" is specifically defined as "means of communicating: . . .: a system (as of telephones or telegraphs) for communicating information and orders. . . ." Webster's Third New International Dictionary 460 (1981). Thus, it would appear that the statutory direction to the counties in s. 27.34 (2), F.S., to provide the offices of the state attorneys with such "communication services as may be necessary for the proper and efficient functioning of these offices" has reference to such services and systems as may facilitate the giving...
...radio, optical, or other electromagnetic systems and includes all facilities and equipment owned, leased, or used by all agencies and political subdivisions of state government." This office has concluded previously that the services referred to in ss.
27.34 (2) and
27.54 (3), F.S., to be provided to the offices of the state attorneys and public defenders by the counties are those centralized county services provided in common to all county offices and not such operational expenses as to which counties are otherwise prohibited from contributing pursuant to ss.
27.34 (1) and
27.54 (2), F.S....
...one calls." Such enumeration specifically included items which this office had stated in prior opinions to be operational expenses and thus not covered under s.
27.54 (3). Accordingly, I am unable to conclude that "communication services" as used in s.
27.34 (2) is limited to such centralized services as may be provided in common to all county offices....
...1966), appeal dismissed,
387 U.S. 426 (1967) (presumption of legislative knowledge of court construction when reenacting statute). You inquire specifically as to whether computer terminals are properly included under "communication services" for purposes of s.
27.34 (2), F.S., which directs the provision of certain "services" to the offices of the state attorneys by the several counties....
...In sum, then, and unless and until legislatively or judicially determined otherwise, I am of the view that: (1) Counties are not the only "governmental units" which may receive distributions from the Local Government Criminal Justice Trust Fund pursuant to s. 27.3455(2)(a), F.S....
...ate attorneys as may be necessary for the proper and efficient functioning of their offices but may not be used for communication services expenses of the public defenders. (3) Expenses are properly classified as "communication services" pursuant to s. 27.34 (2), F.S., where such expenses are for services and systems to facilitate the giving of information and sharing of knowledge among employees of the offices of the state attorneys and between any particular state attorney's office and other o...
