CopyCited 95 times | Published | Supreme Court of Florida | 35 A.L.R. 4th 253
torts. See 2 F. Harper & F. James, The Law of Torts § 29.8 (1956); Vaughn, The Personal Accountability of
CopyCited 36 times | Published | Supreme Court of Florida | 2008 WL 659435
...Whether the OCCCRC are de Facto Public Defenders In deciding whether the OCCCRC are public defenders for purposes of the constitution, the Court must essentially define their legal character. FACDL relies almost exclusively on the Legislature's statements in sections
29.001(1), Florida Statutes (2007), and
29.008(1), Florida Statutes (2007), which define the OCCCRC *145 as public defenders. In section
29.001(1), the Legislature defines the offices of the public defenders "to include the enumerated elements of the . . . 20 public defenders' offices and five offices of criminal conflict and civil regional counsel." Similarly, in section
29.008(1), the Legislature states that "the term `public defenders' offices' includes the offices of criminal conflict and civil regional counsel." However, these two clauses are the only provisions in the Act defining the OCCCRC as public de...
CopyCited 19 times | Published | Court of Appeals for the Eleventh Circuit | 48 U.C.C. Rep. Serv. 2d (West) 621, 64 U.S.P.Q. 2d (BNA) 1212, 2002 U.S. App. LEXIS 17754, 2002 WL 1963463
McCarthy on Trademarks and Unfair Competition § 29:8 (4th ed. 2002) (citation omitted). As the
CopyCited 11 times | Published | Supreme Court of Florida | 36 Fla. L. Weekly Supp. 525, 2011 Fla. LEXIS 2254, 2011 WL 4389001
...rivate counsel from a registry list. Crist,
978 So.2d at 138. The private counsel registry list remains in use but only in those cases where both the public defender's office and the RCC have a conflict of interest. Id. Section 19 of the Act amended section
29.008, Florida Statutes, to include RCC within the term "public defenders' offices." By doing so, the Legislature made article V, section 14(c) of the Florida Constitution applicable to the RCC and "effectively mandated that counties pay cer...
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2009 Fla. App. LEXIS 9820, 2009 WL 2059864
...rivate counsel would be appointed from a registry list. Id. The private registry remains in use in cases where both the public defender's office and Regional Conflict Counsel have conflicts. Id. Section 19 of Chapter 2007-62, Laws of Florida, amends section 29.008, Florida Statutes, to include Regional Conflict Counsel within the term "public defenders' offices." Thus, the Legislature effectively mandated that counties pay certain constitutionally defined costs to house the offices of both the public defender and Regional Conflict Counsel....
CopyAgo (Fla. Att'y Gen. 2008).
Published | Florida Attorney General Reports
facilities for the circuit and county courts[.]"1 Section
29.008(1)(a), Florida Statutes, defines "[f]acility"
CopyAgo (Fla. Att'y Gen. 2008).
Published | Florida Attorney General Reports
...located as follows: 1. Twenty-five percent of the amount collected shall be allocated to fund innovations to supplement state funding for the elements of the state courts system identified in s.
29.004 and county funding for local requirements under s.
29.008 (2)(a)2. 2. Twenty-five percent of the amount collected shall be allocated to assist counties in providing legal aid programs required under s.
29.008 (3)(a)....
...lected pursuant to its terms be used to fund innovations to supplement state funding for elements of the state courts system identified in section
29.004 , Florida Statutes, 1 and innovations to supplement county funding for local requirements under section
29.008 (2)(a)2., Florida Statutes....
...lement the elements for the court system provided by the state. This creates a broad array of potential expenditures, seemingly restricted only by its "supplemental" relationship to the elements furnished by the state or the local requirements under section 29.008 (2)(a)2, Florida Statutes. Section 29.008 (2)(a), Florida Statutes, characterizes "[l]ocal requirements" as "those specialized programs, nonjudicial staff, and other expenses associated with specialized court programs, specialized prosecution needs, specialized defense needs, or resources required of a local jurisdiction as a result of special factors or circumstances." Section 29.008 (2)(a)2., Florida Statutes, states that "[l]ocal requirements" exist: "2....
...ng of the words it uses and to convey its intent by the use of specific terms, courts must apply the plain meaning of those words if they are unambiguous). 3 Webster's Third New International Dictionary (Unabridged, 1981), Innovation , p. 1166. 4 Sees. 29.008 (2)(c), Fla....
CopyPublished | District Court of Appeal of Florida | 14 Fla. L. Weekly 1179, 1989 Fla. App. LEXIS 2596, 1989 WL 49590
3 S. Rakusin, Florida Mechanics’ Lien Manual § 29.08(B)(2) (1974). While it might be sensible for cities
CopyPublished | Florida 2nd District Court of Appeal
...Gregory T. Stewart, Kirsten H. Mood, and Matthew R. Shaud of Nabors,
Giblin & Nickerson, P.A., Tallahassee, for Appellee.
BLACK, Judge.
This appeal concerns the obligations of Pasco County under article
V, section 14, of the Florida Constitution and section 29.008, Florida
Statutes, to "fund the cost of ....
...nd
the expenses incurred by the Clerk related to the courthouse annex. The
BOCC agreed to provide funds for the multiagency criminal justice
1 We note that while "multiagency" is hyphenated in the Florida
Constitution, it is not hyphenated in section 29.008.
2 There is a courthouse located in Dade City, Pasco County's
county seat, as required by statute....
...The trial court
determined that since the
Multiagency [criminal justice information system] in existence
today is not the same Multiagency [criminal justice
information system] as was in existence when [the pertinent
constitutional provision] or section 29.008, were
adopted[,] . . . under the express language of the
constitutional provision and section 29.008, Florida Statutes,
[Pasco] County may provide funding for the subsequently
acquired Multiagency [criminal justice information system],
but its mandatory obligation extends only to the existing
system that was operat...
...lerk, it necessarily has the
authority to provide funding in phases. With respect to count II, the trial
court determined as a matter of law that the courthouse annex was not
3
established pursuant to either subsection 29.008(2)(a)1 or subsection
29.008(2)(a)2 and therefore that it did not constitute a local requirement.
Based on these findings, the trial court concluded that it was appropriate
to find in favor of Pasco County on the Clerk's claim for supplemental
relief....
...ing her motion
for summary judgment and in granting Pasco County's competing motion
for summary judgment with respect to count I. The Clerk contends that
a reading of the plain language of article V, section 14(c), of the Florida
Constitution and subsection 29.008(1)(h), Florida Statutes, dictates that
Pasco County's obligation to fund the multiagency criminal justice
information system did not cease when hardware and software that had
comprised the system at the time of the amendment and enactm...
...Constitution from providing the funding in phases over a period of years.
We agree.4
a. Obligation to fund
Pasco County's obligation to fund the multiagency criminal justice
information system turns on the interpretation of article V, section 14(c),
and subsection 29.008(1)(h).
After the adoption of the Constitution's article V in
1972, funding of the third branch of state government—the
judicial branch—was largely borne by local government....
...offices,
and the offices of the clerks of the circuit and county courts
performing court-related functions.
Art. V, § 14(c), Fla. Const. (emphasis added). Statutes were enacted to
implement the new requirements of Revision 7, including section 29.008,
which was enacted in 2000. See ch. 2000-237, § 8, Laws of Fla. Section
29.008 provides in pertinent part as follows:
(1) Counties are required by s....
... and software as needed for new judges and staff of the state
courts system, state attorneys' offices, public defenders'
offices, guardian ad litem offices, and the offices of the clerks
of the circuit and county courts performing court-related
functions.
§ 29.008(1)(h) (emphasis added)....
...In other words,
the trial court determined that Pasco County's funding obligation
extended only to the multiagency criminal justice information system as
it existed at the time of the constitutional amendment and enactment of
the statute. But this narrow reading fails to give effect to subsection
29.008(1)(h) as a whole.
When construing a statute, we must give effect to the legislative
intent....
...2d at 485
("[T]he principles governing constitutional interpretation largely parallel
those of statutory interpretation." (citing Zingdale v. Powell,
885 So. 2d
277, 280 (Fla. 2004))). While the trial court considered the use of the
word "existing" in both the constitution and statute, it failed to recognize
that section
29.008 must "be interpretated to give effect to every clause
8
in it, and to accord meaning and harmony to all of its parts." See
Larimore, 2 So....
...possible, and words in a statute should not be construed as mere
surplusage." Id. (quoting Gulfstream Park Racing Ass'n v. Tampa Bay
Downs, Inc.,
948 So. 2d 599, 606 (Fla. 2006)).
As set forth above, "[e]xisting multiagency criminal justice
information systems" is defined in subsection
29.008(1)(h) to include
"upgrades and maintenance of the current equipment, maintenance and
upgrades of supporting technology infrastructure and associated staff,
and services and expenses to assure continued information sharing and
reporting...
...16,
2023) (defining upgrade—and its plural form upgrades—in part as "an
9
occurrence in which one thing is replaced by something better, newer,
more valuable, etc."). From these dictionary definitions we derive the
meaning of upgrades to include replacements such that subsection
29.008(1)(h) contemplates the replacement of equipment and supporting
technology infrastructure.
Moreover, as to the third clause, the services and expenses
pertaining to CLERICUS are clearly necessary to "assure continued
information sharing and reporting of information to the state." See §
29.008(1)(h)....
...Clerk's court-related functions at the courthouse annex in New Port
Richey. The Clerk argues that the trial court erred in determining that
the courthouse annex does not constitute a local requirement as
contemplated by article V, section 14(c), and subsection 29.008(2)....
...We
disagree.
Article V, section 14(c), provides in pertinent part that "[c]ounties
shall also pay reasonable and necessary salaries, costs, and expenses of
the state courts system to meet local requirements as determined by
general law." When section 29.008 was enacted in 2000, it did not define
local requirements and merely reiterated the language of the
constitutional amendment. See § 29.008(2), Fla. Stat. (2001). But that
changed in 2003 when the legislature amended section 29.008. See ch.
2003-402, Laws of Fla. And since that amendment went into effect in
2004, section 29.008 has provided in part as follows:
(2) Counties shall pay reasonable and necessary salaries,
costs, and expenses of the state courts system, including
associated staff and expenses, to meet local requirements....
...of a local requirement include, but are not limited to:
1. Geographic factors;
2. Demographic factors;
3. Labor market forces;
4. The number and location of court facilities; or
5. The volume, severity, complexity, or mix of court cases.
Subsection 29.008(2)(a) instructs that a local requirement exists either
when it is "imposed pursuant to an express statutory directive, based on
such factors as provided in paragraph (b)," see § 29.008(2)(a)1, or when
the circumstances set forth in subsection (2)(a)2 are met.
With respect to an "express statutory directive," the legislature has
provided that
[t]he following shall be considered a local requirement
pursuant t...
...to or greater than the amount provided from filing fees and
surcharges to legal aid programs from October 1, 2002, to
September 30, 2003.
(b) Alternative sanctions coordinators pursuant to ss.
984.09
and
985.037.
13
§
29.008(3). The Clerk has failed to point to an express statutory
directive indicating that a secondary courthouse facility, such as the
courthouse annex, shall be considered a local requirement for purposes
of the constitution and section
29.008, and we have found none. We are
therefore left to consider subsection
29.008(2)(a)2.
Subsection
29.008(2)(a)2 describes alternative circumstances
under which a local requirement may come to exist. However, local
requirements under this subsection "must be determined by the . . .
method" prescribed by subsection
29.008(2)(c). But it is undisputed that
subsection
29.008(2)(c) has no applicability to this case. Therefore the
trial court correctly determined as a matter of law that the courthouse
annex does not constitute a local requirement as contemplated by article
V, section 14(c), and section
29.008....
...See §
86.011(2), Fla. Stat. (2021) ("Any person seeking a declaratory
judgment may also demand additional, alternative, coercive, subsequent,
5 In addition to determining that the courthouse annex was not
established pursuant to either subsection
29.008(2)(a)1 or subsection
29.008(2)(a)2 and therefore that it did not constitute a local requirement
under the constitution or statute, the trial court made an alternative
finding that the courthouse annex was not a local requirement as
contemplated by the statute based on facts for which there was no
evidentiary basis. But because the trial court entered summary
judgment in favor of Pasco County on count II for the independent
reason that the circumstances set forth in subsection
29.008(2)(a)1 and
subsection
29.008(2)(a)2 had not been met, it is proper to affirm the final
summary judgment with respect to this count.
14
or supplemental relief in the same action.").6 The Clerk's request for
supplemental relief is dependent upon the outcome of her claims in
counts I and II....
CopyPublished | Supreme Court of Florida | 35 Fla. L. Weekly Supp. 397, 2010 Fla. LEXIS 1045, 2010 WL 2606258
...In adopting the new rule, we considered the comment filed by the FACC. The FACC's stated concern is with the composition of a permanent body that would be created by the Legislature to oversee and monitor the development, management, and implementation of the integrated computer system referred to in section 29.008(1)(f)(2), Florida Statutes (2009)....
CopyAgo (Fla. Att'y Gen. 2008).
Published | Florida Attorney General Reports
$2 distribution by the county commission.1 Section
29.008, Florida Statutes, provides guidelines for
CopyPublished | Florida 2nd District Court of Appeal
...Gregory T. Stewart, Kirsten H. Mood, and Matthew R. Shaud of Nabors,
Giblin & Nickerson, P.A., Tallahassee, for Appellee.
BLACK, Judge.
This appeal concerns the obligations of Pasco County under article
V, section 14, of the Florida Constitution and section 29.008, Florida
Statutes, to "fund the cost of ....
...and maintain the multiagency criminal justice information system and
the expenses incurred by the Clerk related to the courthouse annex. The
1 We note that while "multiagency" is hyphenated in the Florida
Constitution, it is not hyphenated in section 29.008.
2 There is a courthouse located in Dade City, Pasco County's
county seat, as required by statute....
...The trial court
determined that since the
Multiagency [criminal justice information system] in existence
today is not the same Multiagency [criminal justice
information system] as was in existence when [the pertinent
constitutional provision] or section 29.008, were
adopted[,] . . . under the express language of the
constitutional provision and section 29.008, Florida Statutes,
[Pasco] County may provide funding for the subsequently
acquired Multiagency [criminal justice information system],
but its mandatory obligation extends only to the existing
system that was operat...
...erk, it necessarily has the
3
authority to provide funding in phases. With respect to count II, the trial
court determined as a matter of law that the courthouse annex was not
established pursuant to either subsection 29.008(2)(a)1 or subsection
29.008(2)(a)2 and therefore that it did not constitute a local requirement.
Based on these findings, the trial court concluded that it was appropriate
to find in favor of Pasco County on the Clerk's claim for supplemental
relief....
...ing her motion
for summary judgment and in granting Pasco County's competing motion
for summary judgment with respect to count I. The Clerk contends that
a reading of the plain language of article V, section 14(c), of the Florida
Constitution and subsection 29.008(1)(h), Florida Statutes, dictates that
Pasco County's obligation to fund the multiagency criminal justice
information system did not cease when hardware and software that had
3 Though the Clerk sought a declaration of the part...
...Constitution from providing the funding in phases over a period of years.
We agree.4
a. Obligation to fund
Pasco County's obligation to fund the multiagency criminal justice
information system turns on the interpretation of article V, section 14(c),
and subsection 29.008(1)(h).
After the adoption of the Constitution's article V in
1972, funding of the third branch of state government—the
judicial branch—was largely borne by local government....
...offices,
and the offices of the clerks of the circuit and county courts
performing court-related functions.
Art. V, § 14(c), Fla. Const. (emphasis added). Statutes were enacted to
implement the new requirements of Revision 7, including section 29.008,
which was enacted in 2000. See ch. 2000-237, § 8, Laws of Fla. Section
29.008 provides in pertinent part as follows:
(1) Counties are required by s....
...and software as needed for new judges and staff of the state
courts system, state attorneys' offices, public defenders'
offices, guardian ad litem offices, and the offices of the clerks
of the circuit and county courts performing court-related
functions.
§ 29.008(1)(h) (emphasis added)....
...In other words,
the trial court determined that Pasco County's funding obligation
extended only to the multiagency criminal justice information system as
it existed at the time of the constitutional amendment and enactment of
the statute. But this narrow reading fails to give effect to subsection
29.008(1)(h) as a whole.
When construing a statute, we must give effect to the legislative
intent....
...those of statutory interpretation." (citing Zingdale v. Powell,
885 So. 2d
8
277, 280 (Fla. 2004))). While the trial court considered the use of the
word "existing" in both the constitution and statute, it failed to recognize
that section
29.008 must "be interpretated to give effect to every clause
in it, and to accord meaning and harmony to all of its parts." See
Larimore, 2 So....
...possible, and words in a statute should not be construed as mere
surplusage." Id. (quoting Gulfstream Park Racing Ass'n v. Tampa Bay
Downs, Inc.,
948 So. 2d 599, 606 (Fla. 2006)).
As set forth above, "[e]xisting multiagency criminal justice
information systems" is defined in subsection
29.008(1)(h) to include
"upgrades and maintenance of the current equipment, maintenance and
upgrades of supporting technology infrastructure and associated staff,
and services and expenses to assure continued information sharing and
reporting...
...16,
2023) (defining upgrade—and its plural form upgrades—in part as "an
occurrence in which one thing is replaced by something better, newer,
more valuable, etc."). From these dictionary definitions we derive the
meaning of upgrades to include replacements such that subsection
29.008(1)(h) contemplates the replacement of equipment and supporting
technology infrastructure.
Moreover, as to the third clause, the services and expenses
pertaining to CLERICUS are clearly necessary to "assure continued
information sharing and reporting of information to the state." See §
29.008(1)(h)....
...Clerk's court-related functions at the courthouse annex in New Port
Richey. The Clerk argues that the trial court erred in determining that
the courthouse annex does not constitute a local requirement as
contemplated by article V, section 14(c), and subsection 29.008(2)....
...We
disagree.
Article V, section 14(c), provides in pertinent part that "[c]ounties
shall also pay reasonable and necessary salaries, costs, and expenses of
the state courts system to meet local requirements as determined by
general law." When section 29.008 was enacted in 2000, it did not define
local requirements and merely reiterated the language of the
constitutional amendment. See § 29.008(2), Fla. Stat. (2001). But that
changed in 2003 when the legislature amended section 29.008. See ch.
2003-402, Laws of Fla. And since that amendment went into effect in
2004, section 29.008 has provided in part as follows:
(2) Counties shall pay reasonable and necessary salaries,
costs, and expenses of the state courts system, including
associated staff and expenses, to meet local requirements....
...of a local requirement include, but are not limited to:
1. Geographic factors;
2. Demographic factors;
3. Labor market forces;
4. The number and location of court facilities; or
5. The volume, severity, complexity, or mix of court cases.
Subsection 29.008(2)(a) instructs that a local requirement exists either
when it is "imposed pursuant to an express statutory directive, based on
such factors as provided in paragraph (b)," see § 29.008(2)(a)1, or when
the circumstances set forth in subsection (2)(a)2 are met.
With respect to an "express statutory directive," the legislature has
provided that
[t]he following shall be considered a local requirement
pursuant t...
...level equal
to or greater than the amount provided from filing fees and
surcharges to legal aid programs from October 1, 2002, to
September 30, 2003.
(b) Alternative sanctions coordinators pursuant to ss.
984.09
and
985.037.
§
29.008(3). The Clerk has failed to point to an express statutory
directive indicating that a secondary courthouse facility, such as the
courthouse annex, shall be considered a local requirement for purposes
of the constitution and section
29.008, and we have found none. We are
therefore left to consider subsection
29.008(2)(a)2.
Subsection
29.008(2)(a)2 describes alternative circumstances
under which a local requirement may come to exist. However, local
requirements under this subsection "must be determined by the . . .
method" prescribed by subsection
29.008(2)(c). But it is undisputed that
subsection
29.008(2)(c) has no applicability to this case. Therefore the
trial court correctly determined as a matter of law that the courthouse
annex does not constitute a local requirement as contemplated by article
V, section 14(c), and section
29.008. Entry of summary judgment on
count II in favor of Pasco County was therefore proper.5
5 In addition to determining that the courthouse annex was not
established pursuant to either subsection
29.008(2)(a)1 or subsection
29.008(2)(a)2 and therefore that it did not constitute a local requirement
under the constitution or statute, the trial court made an alternative
finding that the courthouse annex was not a local requirement as
contemplated by the statute based on facts for which there was no
evidentiary basis. But because the trial court entered summary
judgment in favor of Pasco County on count II for the independent
reason that the circumstances set forth in subsection
29.008(2)(a)1 and
subsection
29.008(2)(a)2 had not been met, it is proper to affirm the final
summary judgment with respect to this count.
14
III....
CopyPublished | Florida 2nd District Court of Appeal
...Gregory T. Stewart, Kirsten H. Mood, and Matthew R. Shaud of Nabors,
Giblin & Nickerson, P.A., Tallahassee, for Appellee.
BLACK, Judge.
This appeal concerns the obligations of Pasco County under article
V, section 14, of the Florida Constitution and section 29.008, Florida
Statutes, to "fund the cost of ....
...and maintain the multiagency criminal justice information system and
the expenses incurred by the Clerk related to the courthouse annex. The
1 We note that while "multiagency" is hyphenated in the Florida
Constitution, it is not hyphenated in section 29.008.
2 There is a courthouse located in Dade City, Pasco County's
county seat, as required by statute....
...The trial court
determined that since the
Multiagency [criminal justice information system] in existence
today is not the same Multiagency [criminal justice
information system] as was in existence when [the pertinent
constitutional provision] or section 29.008, were
adopted[,] . . . under the express language of the
constitutional provision and section 29.008, Florida Statutes,
[Pasco] County may provide funding for the subsequently
acquired Multiagency [criminal justice information system],
but its mandatory obligation extends only to the existing
system that was operat...
...erk, it necessarily has the
3
authority to provide funding in phases. With respect to count II, the trial
court determined as a matter of law that the courthouse annex was not
established pursuant to either subsection 29.008(2)(a)1 or subsection
29.008(2)(a)2 and therefore that it did not constitute a local requirement.
Based on these findings, the trial court concluded that it was appropriate
to find in favor of Pasco County on the Clerk's claim for supplemental
relief....
...ing her motion
for summary judgment and in granting Pasco County's competing motion
for summary judgment with respect to count I. The Clerk contends that
a reading of the plain language of article V, section 14(c), of the Florida
Constitution and subsection 29.008(1)(h), Florida Statutes, dictates that
Pasco County's obligation to fund the multiagency criminal justice
information system did not cease when hardware and software that had
3 Though the Clerk sought a declaration of the part...
...Constitution from providing the funding in phases over a period of years.
We agree.4
a. Obligation to fund
Pasco County's obligation to fund the multiagency criminal justice
information system turns on the interpretation of article V, section 14(c),
and subsection 29.008(1)(h).
After the adoption of the Constitution's article V in
1972, funding of the third branch of state government—the
judicial branch—was largely borne by local government....
...offices,
and the offices of the clerks of the circuit and county courts
performing court-related functions.
Art. V, § 14(c), Fla. Const. (emphasis added). Statutes were enacted to
implement the new requirements of Revision 7, including section 29.008,
which was enacted in 2000. See ch. 2000-237, § 8, Laws of Fla. Section
29.008 provides in pertinent part as follows:
(1) Counties are required by s....
...and software as needed for new judges and staff of the state
courts system, state attorneys' offices, public defenders'
offices, guardian ad litem offices, and the offices of the clerks
of the circuit and county courts performing court-related
functions.
§ 29.008(1)(h) (emphasis added)....
...In other words,
the trial court determined that Pasco County's funding obligation
extended only to the multiagency criminal justice information system as
it existed at the time of the constitutional amendment and enactment of
the statute. But this narrow reading fails to give effect to subsection
29.008(1)(h) as a whole.
When construing a statute, we must give effect to the legislative
intent....
...those of statutory interpretation." (citing Zingdale v. Powell,
885 So. 2d
8
277, 280 (Fla. 2004))). While the trial court considered the use of the
word "existing" in both the constitution and statute, it failed to recognize
that section
29.008 must "be interpretated to give effect to every clause
in it, and to accord meaning and harmony to all of its parts." See
Larimore, 2 So....
...possible, and words in a statute should not be construed as mere
surplusage." Id. (quoting Gulfstream Park Racing Ass'n v. Tampa Bay
Downs, Inc.,
948 So. 2d 599, 606 (Fla. 2006)).
As set forth above, "[e]xisting multiagency criminal justice
information systems" is defined in subsection
29.008(1)(h) to include
"upgrades and maintenance of the current equipment, maintenance and
upgrades of supporting technology infrastructure and associated staff,
and services and expenses to assure continued information sharing and
reporting...
...16,
2023) (defining upgrade—and its plural form upgrades—in part as "an
occurrence in which one thing is replaced by something better, newer,
more valuable, etc."). From these dictionary definitions we derive the
meaning of upgrades to include replacements such that subsection
29.008(1)(h) contemplates the replacement of equipment and supporting
technology infrastructure.
Moreover, as to the third clause, the services and expenses
pertaining to CLERICUS are clearly necessary to "assure continued
information sharing and reporting of information to the state." See §
29.008(1)(h)....
...Clerk's court-related functions at the courthouse annex in New Port
Richey. The Clerk argues that the trial court erred in determining that
the courthouse annex does not constitute a local requirement as
contemplated by article V, section 14(c), and subsection 29.008(2)....
...We
disagree.
Article V, section 14(c), provides in pertinent part that "[c]ounties
shall also pay reasonable and necessary salaries, costs, and expenses of
the state courts system to meet local requirements as determined by
general law." When section 29.008 was enacted in 2000, it did not define
local requirements and merely reiterated the language of the
constitutional amendment. See § 29.008(2), Fla. Stat. (2001). But that
changed in 2003 when the legislature amended section 29.008. See ch.
2003-402, Laws of Fla. And since that amendment went into effect in
2004, section 29.008 has provided in part as follows:
(2) Counties shall pay reasonable and necessary salaries,
costs, and expenses of the state courts system, including
associated staff and expenses, to meet local requirements....
...of a local requirement include, but are not limited to:
1. Geographic factors;
2. Demographic factors;
3. Labor market forces;
4. The number and location of court facilities; or
5. The volume, severity, complexity, or mix of court cases.
Subsection 29.008(2)(a) instructs that a local requirement exists either
when it is "imposed pursuant to an express statutory directive, based on
such factors as provided in paragraph (b)," see § 29.008(2)(a)1, or when
the circumstances set forth in subsection (2)(a)2 are met.
With respect to an "express statutory directive," the legislature has
provided that
[t]he following shall be considered a local requirement
pursuant t...
...level equal
to or greater than the amount provided from filing fees and
surcharges to legal aid programs from October 1, 2002, to
September 30, 2003.
(b) Alternative sanctions coordinators pursuant to ss.
984.09
and
985.037.
§
29.008(3). The Clerk has failed to point to an express statutory
directive indicating that a secondary courthouse facility, such as the
courthouse annex, shall be considered a local requirement for purposes
of the constitution and section
29.008, and we have found none. We are
therefore left to consider subsection
29.008(2)(a)2.
Subsection
29.008(2)(a)2 describes alternative circumstances
under which a local requirement may come to exist. However, local
requirements under this subsection "must be determined by the . . .
method" prescribed by subsection
29.008(2)(c). But it is undisputed that
subsection
29.008(2)(c) has no applicability to this case. Therefore the
trial court correctly determined as a matter of law that the courthouse
annex does not constitute a local requirement as contemplated by article
V, section 14(c), and section
29.008. Entry of summary judgment on
count II in favor of Pasco County was therefore proper.5
5 In addition to determining that the courthouse annex was not
established pursuant to either subsection
29.008(2)(a)1 or subsection
29.008(2)(a)2 and therefore that it did not constitute a local requirement
under the constitution or statute, the trial court made an alternative
finding that the courthouse annex was not a local requirement as
contemplated by the statute based on facts for which there was no
evidentiary basis. But because the trial court entered summary
judgment in favor of Pasco County on count II for the independent
reason that the circumstances set forth in subsection
29.008(2)(a)1 and
subsection
29.008(2)(a)2 had not been met, it is proper to affirm the final
summary judgment with respect to this count.
14
III....
CopyPublished | Florida 2nd District Court of Appeal
...nty court facilities.” Fla. R. Jud. Admin. 2.215(b)(9). Importantly, rule 2.215(b)(7) gives the Chief Judge the power to “regulate the use of all court facilities.” While rule 2.215 does not explicitly define the phrase “court facilities,” section 29.008, Florida Statutes (2016), which addresses the funding of court-related functions, provides guidance on the issue. In enumerating the facilities within, the Circuit to be secured pursuant to the instant order, the Chief Judge applied the following definition contained in section 29.008(l)(a): “Facility” means reasonable and necessary buildings and office space and appurtenant equipment and furnishings, structures, real estate, easements, and related interests in real estate, including, but not limited to, those f...
...... security of facilities for the trial courts, public defenders’ offices, state attorneys’ offices, ' and the offices of the clerks of the circuit and county courts performing court-related functions.” Art. V, § 14(c), Fla. Const.; see also § 29.008(1) (same). Moreover, in section 29.008(l)(e), the legislature specified that “[sjecurity” includes but is .not limited to, all reasonable, and necessary costs of services of law enforcement officers or licensed security guards and all electronic, cellular, or digital monitoring and screening devices necessary....
...lerks to attend specific sessions of court). Finally, we reject the Sheriffs contention that the order somehow requires the Sheriff to expend his own funds. The plain language of article V, section 14, subsection (c) of the Florida Constitution, and section 29.008—which the Chief Judge applied in defining the facilities to be secured pursuant to the order—explains that the County, not the Sheriff, provides the funds for the security directed by the instant administrative order, and nothing in the order specifically compels the Sheriff to provide any funding whatsoever....
CopyPublished | Supreme Court of Florida
...result from consolidating judicial circuits because each of the state’s sixty-
seven county clerks of court has responsibility over the clerk’s respective
system for maintaining case records. Consolidation of judicial circuits would
109 Art. V, § 14(c), Fla. Const. (1968), § 29.008(1), Fla....