Florida’s Push-Pull Legislation

The budget crises in the United States are a, if not the, central focus for all state judiciaries in this legislative session. Over the years, there have been several suggested solutions to address the problem of how to fund the third branch. The Conference of Chief Justices, for example, passed a resolution in 1973, amid the mid-1970s recession, that  “This conference supports the financing of [the courts] by an automatic  constitutional appropriation of a percentage of the General Fund Budget of each state.” (73-A-2)

Into this comes Florida’s HB 735 and HB 737.

HB 737 creates a Fiscal Stability Trust Fund to be administered by the Supreme Court and into which would be placed an automatic, guaranteed 1 percent of the state’s General Revenue Fund. The bill also declares “the judicial branch of state government shall be held harmless in years of fiscal deficits in the state as a matter of public safety” and permits revenues in the Fiscal Stability Trust Fund to remain in the fund at the end of every fiscal year.

HB 737 requires passage of HB 735  “or similar legislation”. HB 735 requires a retroactive  elimination of judicial immunity in a variety of specified contexts dealing with court proceedings.  Additionally, it expands the Judicial Qualifications Commission (JQC) and requires JQC investigation panels include at least 5 “common citizen electors” as a staff committee, none of whom may be “officers of the court” and who must prepare a separate report on the investigation that is to be made publicly available. Both the state courts system in general, and the JQC in particular, would be subject to an immediate audit by the state’s Auditor General and the Office of Program Policy Analysis and Government Accountability conduct full audit review of commission, a review to be repeated every two years.

Additionally, HB 735 requires the Supreme Court create a plan “promoting civics for residents of this state, together with education concerning the judicial branch in order to develop trust and confidence in the state’s judicial system.” It also creates unified family courts, teen courts, drug courts and mental health courts in each judicial circuit.

The Florida legislature is due to come into full session March 2.