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MEETING AGENDA 9:00 a.m. to 11:30 a.m., (ET) Thursday, August 6, 2020 Zoom Webinar By Tuesday, August 4 th , materials will be available at: http://www.flcourts.org/administration-funding/court-funding- budget/trial-court-budget-commission/ Welcome and Roll Call I. Approval of the June 23, 2020, Meeting Minutes II. FY 2020-21 Budget A. Salary Budget and Management B. Positions Vacant More than 180 Days C. State and Court Revenues and Court Trust Funds D. New Resources E. COVID-19 Related Resource Needs F. Other Issues III. Personnel Committee Update IV. FY 2021-22 Legislative Budget Request (LBR) A. LBR Timeline B. Issues for Consideration 1. Backlog Reduction Plan 2. COVID-19 Response Needs

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Page 1: MEETING AGENDA...MEETING AGENDA 9:00 a.m. to 11:30 a.m., (ET) Thursday, August 6, 2020 Zoom Webinar ... Zoom Webinar Agenda Item II.B.: Positions Vacant More than 180 Days (as of August

MEETING AGENDA

9:00 a.m. to 11:30 a.m., (ET)

Thursday, August 6, 2020

Zoom Webinar

By Tuesday, August 4th, materials will be available at:

http://www.flcourts.org/administration-funding/court-funding-

budget/trial-court-budget-commission/

Welcome and Roll Call

I. Approval of the June 23, 2020, Meeting Minutes

II. FY 2020-21 Budget

A. Salary Budget and Management

B. Positions Vacant More than 180 Days

C. State and Court Revenues and Court Trust Funds

D. New Resources

E. COVID-19 Related Resource Needs

F. Other Issues

III. Personnel Committee Update

IV. FY 2021-22 Legislative Budget Request (LBR)

A. LBR Timeline

B. Issues for Consideration

1. Backlog Reduction Plan

2. COVID-19 Response Needs

Page 2: MEETING AGENDA...MEETING AGENDA 9:00 a.m. to 11:30 a.m., (ET) Thursday, August 6, 2020 Zoom Webinar ... Zoom Webinar Agenda Item II.B.: Positions Vacant More than 180 Days (as of August

TCBC Agenda

August 6, 2020

Page 2

IV. FY 2021-22 Legislative Budget Request (LBR) – Continued

3. Online Dispute Resolution Pilot Project Continuation Funding

4. Courthouse Furnishings

C. Priority Ranking of LBR Issues

V. Workgroup on Continuity of Court Operations and Proceedings During and

After COVID-19

VI. Report from Chief Justice Designee to Florida Clerks of Court Operations

Corporation Executive Council

VII. Other Business

Adjourn

Next Meeting:

Friday, December 4, 2020 (Zoom Webinar)

Page 3: MEETING AGENDA...MEETING AGENDA 9:00 a.m. to 11:30 a.m., (ET) Thursday, August 6, 2020 Zoom Webinar ... Zoom Webinar Agenda Item II.B.: Positions Vacant More than 180 Days (as of August

Agenda Item I.: Approval of the June 23, 2020, Meeting Minutes Materials for this agenda item will be provided asa supplement in advance of the meeting.

Page 3 of 62

Page 4: MEETING AGENDA...MEETING AGENDA 9:00 a.m. to 11:30 a.m., (ET) Thursday, August 6, 2020 Zoom Webinar ... Zoom Webinar Agenda Item II.B.: Positions Vacant More than 180 Days (as of August

Agenda Item II.: FY 2020-21 Budget

Page 4 of 62

Page 5: MEETING AGENDA...MEETING AGENDA 9:00 a.m. to 11:30 a.m., (ET) Thursday, August 6, 2020 Zoom Webinar ... Zoom Webinar Agenda Item II.B.: Positions Vacant More than 180 Days (as of August

Agenda Item II.A.: FY 2020-21 Budget – Salary

Budget and Management

Page 5 of 62

Page 6: MEETING AGENDA...MEETING AGENDA 9:00 a.m. to 11:30 a.m., (ET) Thursday, August 6, 2020 Zoom Webinar ... Zoom Webinar Agenda Item II.B.: Positions Vacant More than 180 Days (as of August

1 Projected Full Employment Payroll Liability through June 30, 2021 328,087,496

2 Projected DROP Liability through June 30, 2021 722,560

3 Projected Law Clerk Below Minimum Pay Plan Liability through June 30, 2021 46,048

4 Projected Law Clerk Incentives Pay Plan Liability through June 30, 2021 85,664

5 Judicial Assistant Incentive Liability through June 30, 2021 20,099

6 Projected Overtime Liability through June 30, 2021 (Based on three year average) 68,991

7 Projected Court Interpreter Below Minimum Pay Plan Liability through June 30, 2021 38,825

8 Projected Court Interpreter Incentives Pay Plan Liability through June 30, 2021 39,707

9 Chief Judge Discretionary Funds -

10 Total Projected Payroll Liability through June 30, 2021 329,109,389

11 Estimated Salary Appropriation (322,474,486)

12 Adjusted Liability OVER/(UNDER) Salary Appropriation @ Full Employment 6,634,903

13 Projected Leave Payouts (Based on three year average) 1,273,643

14 Final - Adjusted Liability OVER/(UNDER) Salary Appropriation @ Full Employment 7,908,546

15 Projected Full Employment Payroll Liability through June 30, 2021 99,377,121

16 Projected DROP Liability through June 30, 2021 207,595

17 Judicial Assistant Incentive Liability through June 30, 2021 7,990

18 Estimated Salary Appropriation (98,926,326)

19 Projected Liability OVER/(UNDER) Salary Appropriation @ Full Employment 666,380

20 Projected Leave Payouts (Based on three year average) 222,919

21 Final - Adjusted Liability OVER/(UNDER) Salary Appropriation @ Full Employment 889,299

22 Projected Full Employment Payroll Liability through June 30, 2021 427,464,617

23 Projected DROP Liability through June 30, 2021 930,155

24 Projected Law Clerk Below Minimum Pay Plan Liability through June 30, 2021 46,048

25 Projected Law Clerk Incentives Pay Plan Liability through June 30, 2021 85,664

26 Judicial Assistant Incentive Liability through June 30, 2021 28,089

27 Projected Overtime Liability through June 30, 2021 (Based on three year average) 68,991

28 Projected Court Interpreter Below Minimum Pay Plan Liability through June 30, 2021 38,825

29 Projected Court Interpreter Incentives Pay Plan Liability through June 30, 2021 39,707

30 Total Projected Payroll Liability through June 30, 2021 428,702,095

31 Estimated Salary Appropriation (421,400,812)

32 Projected Liability OVER/(UNDER) Salary Appropriation @ Full Employment 7,301,283

33 Projected Leave Payouts (Based on three year average) 1,496,562

34 Final - Adjusted Liability OVER/(UNDER) Salary Appropriation @ Full Employment 8,797,845

FY 2020-21 Trial Courts Salary Budget

General Revenue and State Courts Revenue Trust Fund

CIR

CU

ITC

OU

NTY

Tria

l Co

urt

Su

mm

ary

07.01.20

*Projected DROP liability for all participants was $1,931,581 ($1,409,956 Circuit and $521,625 County). The DROP

liability has been reduced by $1,001,426 ($687,396 Circuit and $314,030 County) due to participants that intend

to stay throughout the fiscal year. Please note the additional liability of $1,001,426 will be incurred in the fiscal

year that the participants who stayed exit the Judicial branch.

Start-Up 2020

Prepared by the OSCA Office of Budget Services

Agenda Item II.A.: Salary Budget and Management

Page 6 of 62

Page 7: MEETING AGENDA...MEETING AGENDA 9:00 a.m. to 11:30 a.m., (ET) Thursday, August 6, 2020 Zoom Webinar ... Zoom Webinar Agenda Item II.B.: Positions Vacant More than 180 Days (as of August

1 Projected Full Employment Payroll Liability through June 30, 2021 278,585

2 Projected Overtime Liability through June 30, 2021 (Based on three year average) 767

3 Court Interpreter Certification Liability 1,452

4 Total Projected Payroll Liability through June 30, 2021 280,803

5 Estimated Salary Appropriation (296,595)

6 Projected Liability OVER/(UNDER) Salary Appropriation @ Full Employment (15,792)

7 Projected Leave Payouts (Based on two year average) 4,196

8 Adjusted Liability OVER/(UNDER) Salary Appropriation @ Full Employment (11,596)

FY 2020-21 Trial Courts Salary Budget

Administrative Trust Fund

Start-Up 2020

07.01.20

Prepared by the OSCA Office of Budget Services

Agenda Item II.A.: Salary Budget and Management

Page 7 of 62

Page 8: MEETING AGENDA...MEETING AGENDA 9:00 a.m. to 11:30 a.m., (ET) Thursday, August 6, 2020 Zoom Webinar ... Zoom Webinar Agenda Item II.B.: Positions Vacant More than 180 Days (as of August

1 Projected Full Employment Payroll Liability through June 30, 2020 6,785,950

2 FY 2019-20 Current Contract Amount (Attachment A) (6,652,532)

3 Estimated DROP Liability 0

4 Projected Liability OVER/(UNDER) Salary Appropriation @ Full Employment 133,418

5 Projected Leave Payouts (Based on three year average) 61,627

6 Adjusted Liability OVER/(UNDER) Salary Appropriation @ Full Employment 195,045

FY 2020-21 Trial Courts Salary Budget

Start-Up 2020

Federal Grants Trust Fund

07.01.20

Prepared by the OSCA Office of Budget Services

Agenda Item II.A.: Salary Budget and Management

Page 8 of 62

Page 9: MEETING AGENDA...MEETING AGENDA 9:00 a.m. to 11:30 a.m., (ET) Thursday, August 6, 2020 Zoom Webinar ... Zoom Webinar Agenda Item II.B.: Positions Vacant More than 180 Days (as of August

Agenda Item II.B.: FY 2020-21 Budget –

Positions Vacant More Than 180 Days

Page 9 of 62

Page 10: MEETING AGENDA...MEETING AGENDA 9:00 a.m. to 11:30 a.m., (ET) Thursday, August 6, 2020 Zoom Webinar ... Zoom Webinar Agenda Item II.B.: Positions Vacant More than 180 Days (as of August

Trial Court Budget Commission

August 6, 2020

Zoom Webinar

Agenda Item II.B.: Positions Vacant More than 180 Days (as of August 2, 2020)

CircuitCost

Center

Position

NumberCLASS TITLE FTE

DAYS

VACANT

VACANT

DATEBASE RATE

02 257 011392 TRIAL COURT STAFF ATTORNEY 1.00 206 01/10/2020 $48,925.20

07 217 009420 ADMINISTRATIVE ASSISTANT I 1.00 184 02/01/2020 $32,092.80

11 122 010263 ADMINISTRATIVE ASSISTANT II 1.00 429 06/01/2019 $34,981.08

11 122 011723 COURT PROGRAM SPECIALIST II 1.00 223 12/24/2019 $36,115.32

11 122 011724 COURT PROGRAM SPECIALIST II 1.00 240 12/07/2019 $36,115.32

11 129 010389 COURT PROGRAM SPECIALIST II 1.00 261 11/16/2019 $36,115.32

11 131 010335 ADMINISTRATIVE ASSISTANT I 1.00 184 02/01/2020 $32,092.80

11 131 010353 COURT INTERPRETER 1.00 276 11/01/2019 $60,000.00

11 131 010362 COURT INTERPRETER 1.00 210 01/06/2020 $60,000.00

11 131 011836 COURT INTERPRETER 0.50 1737 11/01/2015 $60,000.00

11 131 011837 COURT INTERPRETER 0.50 1737 11/01/2015 $60,000.00

11 210 001543 ADMINISTRATIVE SERVICES MANAGER 1.00 399 07/01/2019 $61,906.08

11 210 010325 COURT OPERATIONS MANAGER 1.00 665 10/08/2018 $57,235.68

11 730 010384 COURT INTERPRETER 1.00 368 08/01/2019 $60,000.00

12 430 010928 MEDIATION SERVICES COORDINATOR 1.00 189 01/27/2020 $45,303.72

13 131 010501 COURT INTERPRETER 1.00 822 05/04/2018 $54,999.96

13 131 010502 COURT INTERPRETER 1.00 886 03/01/2018 $54,999.96

13 131 011629 COURT INTERPRETER 1.00 368 08/01/2019 $54,999.96

13 729 010513 COURT REPORTER II 1.00 945 01/01/2018 $52,917.60

13 729 010516 COURT REPORTER II 1.00 751 07/14/2018 $52,917.60

13 753 011793 COURT PROGRAM SPECIALIST II 1.00 249 11/28/2019 $36,115.32

15 210 009448 TRIAL COURT TECHNOLOGY OFFICER 1.00 184 02/01/2020 $91,636.08

16 430 011161 ADMINISTRATIVE ASSISTANT II 1.00 212 01/04/2020 $34,981.08

16 430 011450 MEDIATOR-CIRCUIT/FAMILY 1.00 1606 03/11/2016 $45,303.72

16 129 010741 DIGITAL COURT REPORTER 1.00 182 02/03/2020 $31,780.92

17 131 010709 COURT INTERPRETER 1.00 215 01/01/2020 $54,999.96

17 131 010710 COURT INTERPRETER 0.50 226 12/21/2019 $54,999.96

20 024 009890 ADMINISTRATIVE ASSISTANT I 1.00 399 07/01/2019 $32,092.80

20 024 011213 HEARING OFFICER 0.75 322 09/16/2019 $84,722.64

20 122 009472 COURT PROGRAM SPECIALIST II 1.00 193 01/23/2020 $36,115.32

Page 10 of 62

Page 11: MEETING AGENDA...MEETING AGENDA 9:00 a.m. to 11:30 a.m., (ET) Thursday, August 6, 2020 Zoom Webinar ... Zoom Webinar Agenda Item II.B.: Positions Vacant More than 180 Days (as of August

Agenda Item II.C.: FY 2020-21 Budget – State and Court Revenues and Court Trust Funds

Page 11 of 62

Page 12: MEETING AGENDA...MEETING AGENDA 9:00 a.m. to 11:30 a.m., (ET) Thursday, August 6, 2020 Zoom Webinar ... Zoom Webinar Agenda Item II.B.: Positions Vacant More than 180 Days (as of August

Trial Court Budget Commission

August 6, 2020

Video Conference

Agenda Item II.C.: FY 2020-21 Budget – State and Court Revenues and Court

Trust Funds

General Revenue Fund June 2020 Report

On July 27, 2020, the June 2020 General Revenue Report was released. Fiscal Year 2019-20 ended

underestimate by nearly $1.9 billion, down 5.7 percent from the expectations held in January when

the last forecast was made. Of the total loss, 84.7 percent came from the Sales Tax distribution,

which was down 6.1 percent from the anticipated level. Through March 2020, overall collections

posted a gain of $202.4 million to the estimate. Over the next three months (April, May and June,

the last quarter of the state’s fiscal year) the coronavirus pandemic impact began to materialize,

with a total loss for the quarter of nearly $2.1 billion across all sources. April provided the greatest

loss (42.1 percent of the total for the period), followed consecutively by May (37.4 percent) and

June (20.5 percent). Note that June collections represent May sales tax receipts since there is a one-

month lag in collections.

The July General Revenue Report will be released in late August, and the General Revenue

Estimating Conference, which will develop current and future year estimates, is scheduled for

August 14, 2020. Additionally, the long-range financial outlook, a constitutional requirement that

sets out fiscal strategies, major workloads, and revenue estimates, must be issued by the joint

Legislative Budget Commission annually, in advance of September 15, to assist the Legislature in

making budget decisions.

The $4.6 billion federal CARES Act funding is currently restricted to COVID-19 related

expenditures and does not allow the use of funds to offset losses in revenues.

Article V Fees and Transfers Revenue Estimating Conference1

On July 20, 2020, revenue collections for Article V Fees and Transfers during the 2019-20 fiscal

year came in below the estimates adopted by the Revenue Estimating Conference (REC) held on

December 19, 2019. The shortfalls across the judicial system (County Court, Circuit Court, Family

Court, and Traffic Court) and the clerks were widespread, leading to a combined loss across all

categories and revenue recipients of $48.3 million ($6.5 million due to the State Courts Revenue

Trust Fund loss). This loss was largely induced by the impact of the pandemic on court operations,

the Statewide Safer at Home order regarding essential services, and actions to provide forbearance

on delinquent payments and foreclosures.

Since some of these effects are still ongoing, the new forecast for Article V Fees and Transfers has

been revised downward relative to the previous forecast. Adjustments have also been made to

account for changes enacted during the 2020 legislative session. The forecast was further adjusted

1 Revenue Estimating Conference Article V Fees & Transfers Executive Summary July 20, 2020

Page 12 of 62

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to incorporate the courts’ reopening plans and other factors related to the pandemic (Attachment

A).

Cumulatively, the Article V revisions resulted in negative changes to the overall forecast, with all

years showing reductions to the prior estimates. The State Courts Revenue Trust Fund was

decreased by -$4.8 million in FY 2020-21 and by -$3.3 million in FY 2021-22.

State Courts Revenue Trust Fund

Based on the actual revenue received in FY 2019-20, the estimated revenue to be received in FY

2020-21 from the July 20, 2020, Article V REC, and including the new appropriations received in

FY 2020-21 Attachment B shows the trust fund cash balance through June 30, 2020, and the

estimated cash balance on June 30, 2021, assuming the full appropriation is spent and revenues

come in as expected.

Decision Needed

No decision needed. For informational purposes only. The Office of the State Courts

Administrator will continue to monitor the General Revenue Fund and the State Courts Revenue

Trust Fund and will provide updates, as needed.

Page 13 of 62

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SourceFY 2020-21

Projected

Revenues

Percent of

Total

Revenue

FY 2021-22

Projected

Revenues

Percent of

Total

Revenue

$5 Civil Traffic Assessment $7.5 9.2% $8.6 10.5%

$25 Speeding Fine Increase $4.5 5.5% $5.0 6.1%

Real Property/Foreclosure Revenue: $770

Portion of the Total $1,900 Filing Fee$8.0 9.9% $6.7 8.1%

$50 Administrative Fee for Timeshare Foreclosure

Procedures$0.3 0.3% $0.3 0.3%

$115 Increase in Probate $8.4 10.4% $8.0 9.7%

$195 Redirect/Increase in Circuit Civil

(Excluding Foreclosures)$28.2 34.8% $28.7 34.9%

$95 Redirect in Family $6.9 8.6% $7.4 9.0%

Appellate $50 Filing Fee $0.3 0.3% $0.4 0.4%

$195 County Civil between $15,001 - $30,000 $4.9 6.0% $5.2 6.3%

$10 County Civil Claims (Evictions) $1.4 1.8% $1.3 1.6%

$15 County Civil Claims $3.1 3.8% $3.1 3.8%

$1 Circuit and County Proceedings $1.0 1.2% $1.0 1.2%

$25 Application for Marriage License $3.5 4.3% $3.6 4.3%

$100 for Attorneys appearing pro hac vice in Circuit $0.2 0.2% $0.2 0.2%

Court Ordered Mediation Services $2.9 3.6% $2.9 3.5%

Total1 $81.0 100.0% $82.4 100.0%

1 Totals may not be exact due to rounding.

July 20, 2020 REC Estimates

Article V Revenue Estimating Conference

Revenue Projections by Source

State Courts Revenue Trust Fund

FY 2020-21 and FY 2021-22

(in Millions)

Agenda Item II.C.: State and Court Revenues and Court Trust Funds - Attachment A

Page 14 of 62

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Trial Court Budget Commission

Zoom Webinar

August 6, 2020

1 Ending Cash Balance June 30, 2019 22,283,315

2 Beginning Balance July 1, 2019 22,283,315

3 Add: FY 2019-20 Revenues1 78,828,793

4 Add: Cost Sharing 3,695,347

5 Less: Expenditures2 (76,650,603)

6 Less: GR Service Charge³ (6,841,774)

7 Estimated Ending Cash Balance June 30, 2020 21,315,077

8 Beginning Balance July 1, 2020 21,315,077

9 Add: FY 2020-21 Projected Revenues1 81,000,000

10 Add: Cost Sharing 3,695,347

11 Less: Estimated Expenditures⁴ (83,617,656)

12 Less: Estimated GR Service Charge³ (6,219,625)

13 Less: Estimated 5% Reserve⁵ (3,739,019)

14 Estimated Ending Cash Balance June 30, 2021 12,434,124

Estimated Cash Balances

As of June 30, 2020

¹ Based on actual revenues and refunds received through June 30, 2020 and July 20, 2020, Article V Revenue

Estimating Conference.

STATE COURTS REVENUE TRUST FUND

⁵ The estimated 5% reserve is calculated on the July 20, 2020 Revenue Estimating Conference projection for FY 20-

21 less the 8% GR service charge.

3 The GR service charge is based on revenues collected/projected for the last three months of the prior fiscal year

and the first, second, and third quarters of the current year.

⁴ Represents estimated FY 2020-21 base budget authority for staff salary expenditures and estimated refunds. The

total budget authority is $83,617,656 ($80,688,261 staff salary expenditures, $2,894,395 in operating

expenditures, remaining fixed capital outlay amounts, and $35,000 refund of state revenues). Amounts include

estimates for supplemental appropriations such as employee benefit changes and salary increases.

FY 2019-20 and FY 2020-21

FY 2019 - 20

FY 2020 - 21

2 Total budget authority is $79,035,714 ($77,320,948 staff salary expenditures, $1,679,766 operating categories,

plus $35,000 refund of state revenues). Expenditures include $10,464 in prior year certified forwards for a total of

$79,046,178 in expenditures.

Prepared by Office of Budget Services

Agenda Item II.C.: State and Court Revenues and Court Trust Funds - Attachment B

Page 15 of 62

Page 16: MEETING AGENDA...MEETING AGENDA 9:00 a.m. to 11:30 a.m., (ET) Thursday, August 6, 2020 Zoom Webinar ... Zoom Webinar Agenda Item II.B.: Positions Vacant More than 180 Days (as of August

Agenda Item II.D.: FY 2020-21 Budget – New Resources

Page 16 of 62

Page 17: MEETING AGENDA...MEETING AGENDA 9:00 a.m. to 11:30 a.m., (ET) Thursday, August 6, 2020 Zoom Webinar ... Zoom Webinar Agenda Item II.B.: Positions Vacant More than 180 Days (as of August

Trial Court Budget Commission

August 6, 2020

Video Conference

Agenda Item II.D.: FY 2020-21 Budget – New Resources

At its May 12, 2020, meeting, the Executive Committee discussed the new FY 2020-21 trial court

appropriations for resources to provide timely resolution of cases, court interpreting services, early

childhood court coordinators, digital court reporting equipment, and courthouse furnishings. The

committee decided to not start the process for allocating the resources, but instead hold until more

information is known about the state of the FY 2020-21 budget.

At their June 23, 2020, meeting, the TCBC decided to hold resources at the state level until more

information is known about the state of the FY 2020-21 budget. The FY 2020-21 General

Appropriations Act (HB 5001 Enrolled) was presented to the Governor for action on June 17, 2020,

and he approved it on June 29, 2020. The Governor did not veto any of the items listed below.

The Executive Committee discussed the new resources at its June 30 and July 7, 2020, meetings.

Due to the uncertainty on the future of Florida’s economy and the estimated $1.883 billion loss to

the state’s general revenue fund through June 2020, the Executive Committee confirmed the need to

continue to monitor the state of the FY 2020-21 budget and not begin the process to allocate

resources until more information is known. The decision by the full TCBC at its June 23, 2020,

meeting not to allocate new resources remains in effect.

New Resources Appropriated FY 2020-21

Amount Type

Funding

Source

Recurring/

Non-

recurring Comments

Timely Resolution of Cases

21.0 FTE

Law Clerks, Case

Managers, Mediators,

Operations/Administration

Support

GR Recurring

21.0 FTE funded out of 157.0

FTE requested. All circuits

represented in request.

$50,000 Mediation Contractual GR Recurring 5th Circuit request.

$175,180

Online Dispute Resolution

Pilot Project Continuation

Funding

SCRTF Non-

recurring

$79,560 is currently funded

from trial court reserve general

revenue.

Court Interpreting Services

37.5 FTE

Court Interpreters,

ASL Interpreters,

VRI Interpreters,

Operations/Administration

GR Recurring 37.5 FTE funded out of 40.5

FTE requested.

$6,000 OCO – Expenses Over

$5,000 SCRTF

Non-

recurring 2nd Circuit request.

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New Resources Appropriated FY 2020-21

Amount Type

Funding

Source

Recurring/

Non-

recurring Comments

Court Interpreting Services (continued)

$8,000 Contracted Services GR Recurring 5th Circuit request.

$278,420 Due Process Contractual

(Regular, Sign, and VRI)

GR Recurring Multiple circuits’ requests.

$1,130,512 VRI Bandwidth GR Recurring Fully funded based on double

capacity for each circuit.

$108,100 Statewide Call Manager GR Recurring $108,100 is currently funded

from trial court reserves general

revenue.

$272,600 VRI Workstations - OCO SCRTF Non-

recurring

2nd, 5th, 9th, 10th, 19th, and 20th

circuits’ requests. Fully funded.

Early Childhood Court

20.0 FTE

Community Coordinator

for Each Participating

Circuit

GR Recurring

Not all circuits have ECC’s.

Some circuits have multiple

ECC’s.

Digital Court Reporting Equipment

$35,000 Refresh SCRTF Non-

recurring 11th Circuit request.

Courthouse Furnishings

$118,177 New or Renovated

Courthouse Furnishings SCRTF

Non-

recurring 5th Circuit request.

$144,136 New or Renovated

Courthouse Furnishings SCRTF

Non-

recurring 14th Circuit request.

Decision Needed

For discussion only.

Page 18 of 62

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Agenda Item II.E.: FY 2020-21 Budget – COVID-19 Related Resource Needs

Page 19 of 62

Page 20: MEETING AGENDA...MEETING AGENDA 9:00 a.m. to 11:30 a.m., (ET) Thursday, August 6, 2020 Zoom Webinar ... Zoom Webinar Agenda Item II.B.: Positions Vacant More than 180 Days (as of August

Trial Court Budget Commission

August 6, 2020

Video Conference

Agenda Item II.E.: FY 2020-21 Budget – COVID-19 Related Resource Needs

Background

In FY 2019-20, the Trial Court Budget Commission (TCBC) approved a total of $4,212,790

resource needs critical to court operations during the COVID-19 pandemic.

On June 30 and July 7, 2020, the Executive Committee of the TCBC discussed the anticipated

need for current year COVID-19 related expenditures. The Executive Committee approved a

policy advising circuits to look to their respective counties for funding for all COVID-19 related

expenditures, with the understanding that circuits will need to consider each county’s availability

of resources in developing their requests and work cooperatively with the county in prioritizing

items the county is willing and able to fund. The direction was provided, in part, in recognition

that counties have received substantial funding under the CARES Act and may be in a posture to

address needs. If funds are not available from the counties, the circuits are permitted to use their

existing state operating allocations to fund COVID-19 related expenditures, including

technology (equipment such as laptops; bandwidth; software; licensing; conference lines; etc.).

The following guidance was provided to assist the circuits in their decisions for purchases:

The allocations are provided and purchases are to be made to support continued

operation of the state courts system and to protect the public health during the

Coronavirus Disease 2019 (COVID-19) pandemic, for which the Governor has declared

a state of emergency and the Surgeon General and State Health Officer has declared a

public health emergency. The allocations are necessary to help mitigate the effects of

COVID-19 on the courts, court participants, and the general public. Further, these funds

are intended to provide direct and flexible support for any circuit needs, including

technology, that are required to ensure the court system is operating in the safest

possible manner, while ensuring that litigants’ due process rights are met.

Circuits were reminded that any emergency purchases should meet the intent of the language

above, specifically purchases that “help to mitigate the effects of COVID-19 on the courts, court

participants, and the general public.”

In addition, circuits were notified that if they are unable to fund their COVID-19 related needs

from their counties or their own funds, some Personal Protective Equipment (PPE) may be

available from the Office of the State Courts Administrator (OSCA). However, if county funds,

their current state operating allocation, or the OSCA supply of PPE do not meet all of their

needs, the TCBC will need to consider accessing its limited trial court reserves or consider

repurposing existing allocations for COVID-19 related expenditures.

1. Survey Results on Current COVID-19 Related Resource Needs

As part of its cooperative work with the Workgroup on the Continuity of Court Operations and

Proceedings During and After COVID-19, the Trial Court Budget Commission Executive

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Committee directed OSCA staff to survey the circuits on their respective counties’ resource

needs to mitigate the impact due to the COVID-19 pandemic as it relates to:

• personal protective equipment (PPE);

• technology needs to support remote appearance and teleworking; and

• other resources.

The survey requested the circuits identify their anticipated current year needs and the possible

funding source for those needs, including county, OSCA supply of PPE, their current state

operating allocations, or unknown. This information was also requested to identify possible

requests or reimbursement from the federal CARES Act funding or any additional opportunities

for grant or other source funding.

The following tables depict the circuits’ current year COVID-19 related resource needs:

Personal Protective Equipment (PPE) Needs

County

OSCA

Supply

State

Operating

Allocations Unknown Total

PPE

Hand sanitizer, masks, sneeze guards,

gloves, face shields, disposable

fingerprinting strips, and other

general PPE

$44,219 $181,760 $140,545 $222,956 $589,480

Technology Needs to Support Remote Appearance and Teleworking

County State Total

Bandwidth $36,250 $8,000 $44,250

Equipment

Jury audio upgrades, laptops for staff,

surface pros, zoom kiosks, printers,

monitors, polycom carts, docking

stations, cameras, additional technical

equipment

$279,300

$634,456 $913,756

OPS Staff $141,000 $572,586 $713,586

Court/Hearing Room $468,860 $653,250 $1,122,110

VRI Resources $0 $167,750 $167,750

Virtual Meeting Licenses $39,620 $158,763 $198,383

Other

Laptops, zoom kiosks, printers,

wireless keyboards

$80,000

$80,500 $160,500

Grand Total $1,045,030 $2,275,305 $3,320,335

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Additional Resource Needs

County State Total

Other

Health screeners, temperature scanners,

signage, cleaning contracts, automatic

doors, deep cleaning capability, jail kiosk,

other PPE, sanitizers

$933,133 $250,000 $1,183,133

The circuits’ survey responses indicate that they plan to request or have requested/received a

total of $1,978,163 COVID-19 related expenditures from their counties in the current fiscal year.

Additionally, the circuits are anticipating receiving a total of $181,760 PPE from the OSCA

supply and purchasing an additional $140,545 from their operating allocations. The remaining

reported need for PPE, technology, and other resources of $2,748,261 will need to be funded

through some other source.

Decision Needed

No decision needed until an additional funding source is identified.

2. Emergency Decisions on Bandwidth and Continuation Funding for FY 2020-21

Per the TCBC Operational Procedures, the Executive Committee can decide matters that require

immediate action. On June 30, 2020, the Executive Committee determined that an emergency

decision for continuation funding for the 7th Circuit’s bandwidth, provided as part of last year’s

emergency allocations, and three other circuits in the same situation, was needed prior to July 1,

2020. The decision to fund the first two months of the fiscal year for bandwidth was approved

for the 1st, 3rd, 7th, and 14th circuits, at a total cost of $18,947.

According to the procedures, these decisions must be reviewed by the full commission at its next

meeting and either endorsed or overturned. However, due to the timing of the payment and the

date of today’s meeting, it is impossible for the commission to overturn the decision. Therefore,

the action taken by the Executive Committee is binding. However, a decision is needed for the

remaining FY 2020-21 months of funding.

Decision Needed

Option 1: Approve funding the 1st, 3rd, 7th, and 14th circuits’ bandwidth cost for the remaining 10

months of the fiscal year at a total cost of $94,735.

Option 2: Do not approve.

3. Enterprise Zoom Licenses

As part of the trial court response to the COVID-19 pandemic, the Executive Committee has

been allocating emergency funds to the circuits and spending state trial court budget reserves to

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help address resource needs in order to continue essential trial court operations, while protecting

the health of judges, court staff, court participants, and the general public.

Remote technology is a critical resource that has been funded through these emergency

expenditures. Specifically, OSCA’s Office of Information Technology (OIT) has purchased

statewide video conferencing commercial licenses from cloud provider Zoom Video

Communications (Zoom) for judges and court employees. The Executive Committee previously

funded 3 months of licenses through the fiscal year-end (FY 2019-20) and 11 and a half months

for the next fiscal year (FY 2020-21) for the circuits, using year-end unobligated FY 2019-20

funds. The current statewide contract ends on June 17, 2021. Given the Executive Committee’s

guidance to circuits to look to their respective counties for funding for all COVID-19 related

expenditures, the continued statewide funding of this item beyond the current contract needs to

be considered.

Decisions Needed

Option 1: Extend the current (FY 2020-21) funding for Zoom to the end of the state fiscal year,

June 30, 2021, at a cost of $21,681. Funding for this cost may be distributed across the trial

court reserve, problem-solving court funds, and federal dependency and delinquency funds,

similar to last fiscal year.

Option 2: Extend current year (FY 2020-21) funding for Zoom through the county fiscal year,

September 30, 2021, at a cost of $86,722. Funding for this cost may be distributed across the

trial court reserve, problem-solving court funds, and federal dependency and delinquency funds,

similar to last fiscal year.

Option 3: Do not approve at this time.

4. Videoconferencing Needs for Mediation in the Fifth Judicial Circuit

At their meeting on June 23, 2020, the Trial Court Budget Commission allocated $16,800 in

current year funding from reserves to cover the anticipated expenses associated with the online

dispute resolution pilot project in the Fifth Judicial Circuit. Since that time, the circuit has

terminated their participation in the ODR pilot due to delays and other issues related to

development by a vendor of the ODR online platform.

The Fifth Judicial Circuit has experienced a high degree of success with remote mediation and

would like to continue those efforts. As such, the circuit requests that $4,860 of the remaining

funding initially approved for the ODR small claims pilot for Lake County be reallocated for use

in the circuit-wide small claims real-time Zoom remote mediation program.

The funds will be used to purchase software that facilitates concurrent, multi-party electronic

document signing. This software will save significant administrative time by automating the

current manual tracking of agreement signatures and will be used circuit-wide by small claims

mediators as part of the recently established remote mediation program implemented in response

to the COVID-19 pandemic. The program has been successful in addressing the backlog from

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the pandemic, and the circuit plans to continue offering this form of mediation once normal court

operations resume.

Decision Needed

Option 1: Approve the request to repurpose $4,860 in current year funds for remote mediation

needs in the Fifth Judicial Circuit.

Option 2: Do not approve or develop and alternative.

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Agenda Item II.F.: FY 2020-21 Budget – Other Issues

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Trial Court Budget Commission

August 6, 2020

Video Conference

Agenda Item II.F.: FY 2020-21 Budget – Other Issues

As part of the instructions for developing the FY 2021-22 Legislative Budget Requests (LBR), the

Governor’s Office sent a request for all agencies and the judicial branch to prepare an exercise

showing an 8.5% cut to the current year and a 10% budget cut for FY 2021-22. The instructions

for the reductions indicate the exercise should identify specific programs or issues, and not be an

across-the-board percentage reduction. The 10% cut exercise for FY 2021-22 is a normal request

received each year as part of the LBR instructions. The information is due on October 15, 2020,

and will be submitted branch wide as part of the State Courts System FY 2021-22 LBR.

In order to start the process for the trial courts, OSCA staff have created a spreadsheet showing each

component or element of the budget, including the new resources received (see Attachment A).

Note that the spreadsheet includes the total appropriation of each appropriation activity and

element, but only select base operating categories are shown on the chart for simplicity. Therefore,

the base operating categories will not always sum to the total appropriation column. The trial

courts’ final appropriation that includes the 3% pay raise effective October 1, 2020, has not been

received yet, but, based on the current appropriation, the 8.5% target for the trial courts is

approximately $40.5 million, as indicated in line 69. Accompanying the spreadsheet is a glossary

table with descriptions of the various elements.

Additional data is needed before any decisions can be made on how to submit proposed 8.5% and

10% budget cuts. Information on the amount of the new resources, available cash in the courts’

trust funds, amounts that are typically reverted at the end of the year, and amounts that are typically

spent on travel that will not be spent due to the pandemic will be helpful to the exercise.

Identifying general budget categories may be helpful in starting the process of the cut exercise.

Ultimately, the trial court budget elements could be grouped into these categories to assist with

analysis and evaluation of options. General categories for consideration include: 1) resources that

support mission critical functions, 2) resources that provide operational support to the mission

critical functions, and 3) resources that provide complementary support to the mission critical

functions.

Once the main categories have been identified, a more detailed discussion will be needed in order to

make the decisions on how to reach the 8.5% and 10% budget cut targets.

Decisions Needed

Decision 1

Option 1: Approve general categories of the trial court budget listed above

Option 2: Approve alternative categories of the trial court budget.

Decision 2

Discuss and determine a strategy for moving forward on the budget cut exercise.

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Salaries and

Benefits OPS Expense OCO

Contracted

Services Recurring Non-Recurring Recurring Non-Recurring

1 CIRCUIT COURT

2 Governance:

3 000 New Resources-Furnishings/Equipment 158,331 138,982 297,313 297,313

4 210 Court Administration 302.50 27,444,158 262,437 889,646 266,618 246,656 29,120,573 5,332,703 23,787,870

5 Due Process:

6 000 New Resources-Court Interpreting Services 37.50 3,001,615 192,496 6,000 8,000 4,889,643 4,485,248 404,395

7 127 Expert Witness 1.00 117,618 1,095 7,467,173 7,467,173

8 129 Court Reporting 295.25 17,942,122 23,512 734,379 1,200 25,545,292 25,545,292

9 131 Court Interpreting 118.50 9,434,521 146,693 14,012,507 14,012,507

10 729 Court Reporting-Cost Sharing 46.00 3,316,125 3,316,125 3,316,125

11 730 Court Interpreting-Cost Sharing 11.00 932,366 932,366 932,366

12 Mediation:

13 430 Mediation/Arbitration Services 123.50 7,851,378 6,400 278,863 11,279,136 3,427,758 7,851,378

14 Adjudication:

15 000 New Resources-Timely Resolution of Cases 21.00 1,538,648 87,276 1,851,104 1,800,725 50,379

16 110 Judges-Circuit 601.00 146,495,813 47,407 1,513,811 64,600 148,155,212 148,155,212

17 111 Judicial Assistants-Circuit (salaries only) 601.00 41,144,015 41,144,015 41,144,015

18 121 Civil Traffic Infraction Hearing Officers 2,042,854 2,042,854

19 122 Case Management 316.00 19,250,299 42,419 352,707 89,724 19,736,755 19,736,755

20 123 General Magistrates 175.75 15,645,263 22,026 310,710 110,648 16,091,167 445,904 15,645,263

21 257 Post Conviction Law Clerks 34.50 2,546,771 20,760 2,567,531 2,567,531

22 258 Law Clerks 175.00 13,463,036 65,578 249,751 25,897 13,804,262 13,804,262

23 630 Compensation to Retired Judges 2,015,249 2,015,249

24 Problem-Solving Courts:

25 000 New Resources-Early Childhood Courts 20.00 1,825,519 82,220 1,907,739 1,860,659 47,080

26 000 Problem-Solving Courts 10,845,555 10,845,555

27 000 Re-appropriated Unspent FY 19-20 PSC Funds³ 5,261,644 5,261,644

28 000 Juvenile Drug Court Seminole County 260,000 260,000

29 217 Drug Court Case Management 22.00 1,527,799 90,699 1,618,498 1,618,498

30 753 Post-Adjudicatory Drug Court 14.00 772,558 772,558 772,558

31 Complementary Resources:

32 000 New Resources-Community Court Program 136,387 136,387 136,387

33 000 New Resources-The Alternatives Program 300,000 300,000 300,000

34 000 Re-Appropriated Unspent FY 19-20 MAT Funds³ 894,569 894,569 894,569

35 178 Domestic Violence GPS Initiative-18th Circuit 316,000 316,000

36 752 Medication-Assisted Treatment-General 6,000,000 6,000,000 6,000,000

37 755 Medication-Assisted Treatment-Naltrexone 5,500,000 5,500,000 5,000,000 500,000

Cost

Center

FY 2020-21 Summary of Circuit Court Appropriations by Activities - General Revenue/State Courts Revenue Trust Fund

GR SCRTF

Line Appropriation Activities and Elements FTE

Total

Appropriation ¹,²

Base Operating Categories

Prepared by OSCA Office of Budget Services

Agenda Item II.F.: FY 2020-21 Budget - Other Issues - Attachment A

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Salaries and

Benefits OPS Expense OCO

Contracted

Services Recurring Non-Recurring Recurring Non-RecurringCost

Center

GR SCRTF

Line Appropriation Activities and Elements FTE

Total

Appropriation ¹,²

Base Operating Categories

38 Statewide/Other Operating Items:

39 125 Integrated Case Management System 2.00 215,444 15,000 376,044 376,044

40 134 Florida Bar Dues 100,000 100,000 100,000

41 135 Operating Reserve 95,735 384,825 54,772 913,661 913,661

42 137 NCSC Dues 162,480 162,480 162,480

43 145 Court Reporting OpenCourt 454,000 454,000

44 176 Remote Interpreting Statewide Call Manager 108,100 108,100

45 000New Resources-Court Interpreting Services

(Statewide Call Manager Portion)108,100 108,100

46 239 Trial Court Process Improvement 253,200 10,400 263,600 263,600

47 262 State Courts System Network Lines 271,300 369,202 369,202

48 373 Legal Services 50,000 50,000 100,000 100,000

49 661 Statewide Grand Jury 143,310 143,310

50 000 Online Dispute Resolution Pilot (N/R) 79,560 79,560 79,560

51 000

New Resources-Timely Resolution of Cases

(Online Dispute Resolution Project Continuation

Portion)

175,180 175,180

52 CIRCUIT COURT TOTAL 2,917.50 314,465,068 565,514 6,346,242 411,600 13,492,853 381,179,724 321,494,955 6,703,293 51,533,002 1,448,474

53

54

55 COUNTY COURT

56 Adjudication: 0

57 035 Additional Compensation to County Judges 74,900 74,900

58 110 Judges-County 324.00 75,464,514 11,000 2,571,700 238,000 78,310,596 78,310,596

59 111 Judical Assistants-County (salaries only) 324.00 21,460,022 21,460,022 15,904,953 5,555,069

60 Statewide/Other Operating Budget Items: 0

61 125 ICMS 230,000 230,000 230,000

62 136 Operating Reserve 16,066 133,142 15,000 169,308 169,308

63 137 NCSC Dues 162,480 162,480 162,480

64 COUNTY COURT TOTAL 648.00 96,924,536 27,066 2,867,322 15,000 468,000 100,407,306 94,852,237 0 5,555,069 0

65

66

Example of 8.5% Reduction (based on FY 20-21 beginning

budget, excluding supplemental appropriations)8,032,047

Example of 8.5% Reduction (based on FY 20-21 beginning

budget, excluding supplemental appropriations)27,606,234 4,325,982

31,932,216

502,574

8,534,621

Prepared by OSCA Office of Budget Services

Agenda Item II.F.: FY 2020-21 Budget - Other Issues - Attachment A

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Salaries and

Benefits OPS Expense OCO

Contracted

Services Recurring Non-Recurring Recurring Non-RecurringCost

Center

GR SCRTF

Line Appropriation Activities and Elements FTE

Total

Appropriation ¹,²

Base Operating Categories

67 3,565.50 411,389,604 592,580 9,213,564 426,600 13,960,853 481,587,030 416,347,192 6,703,293 57,088,071 1,448,474

68

69

¹ The data excludes statewide operating allocations such as Risk Management, OPS Health Insurance; Human Resource Services, Unemployment Compensation, and Property Insurance.

³ The final re-appropriated funding amounts are pending payments of remaining FY 19-20 invoices.³

40,466,837

35,638,281 4,828,556

Example of 8.5% Reduction (based on FY 20-21 beginning

budget, excluding supplemental appropriations)

² The total appropriation column includes other categories such as Civil Traffic Infraction Hearing Officers, Compensation to Senior Judges, Additional Compensation to County Judges, Statewide Grand Jury, Lease Purchase,

Mediation, and Due Process Contractual. For ease of reading, these columns were hidden.

Prepared by OSCA Office of Budget Services

Agenda Item II.F.: FY 2020-21 Budget - Other Issues - Attachment A

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Resource Description

New Resources-Furnishings/Equipment

New resources provided in the FY 2020-21 General Appropriations Act for: (1) furnishings in the 5th

Circuit related to courthouse expansion projects; (2) replace furniture in the 14th Circuit lost to hurricane

damage; and (3) refresh digital court reporting technology in the 11th Circuit.

Due Process Cost SharingFunding received for court reporting and/or court interpreting services cost sharing of staff agreements

with public defenders, state attorneys, and criminal conflict counsel . (s. 29.018, F.S., Ch. 2020-111 L.O.F.)

New Resources-Timely Resolution of CasesNew resources provided in the FY 2020-21 General Appropriations Act for an initiative to provide litigants

with targeted services in the family and civil divisions to resolve their business and personal disputes.

New Resources-Court Interpreting ServicesNew resources provided in the FY 2020-21 General Appropriations Act to support immediate and critical

needs for the availability of court interpreters both in person and remotely, using technology.

Post-Conviction Law ClerksResources received in FY 2006-07 to address post-conviction workload based on prison population, plus

the Second Circuit need for litigation filed against the Department of Corrections.

Problem-Solving Courts

Funds for treatment services, drug testing, case management, and ancillary services for participants in

problem-solving courts, including, but not limited to, adult drug courts, juvenile drug courts, family

dependency drug courts, early childhood courts, mental health courts, and veterans courts. Fund may

also be used to provide training and education for multidisciplinary problem-solving court team members

to gain up-to-date knowledge on best practices.

Re-Appropriated Unspent FY 19-20 Funds

For specific funding items, the FY 2020-21 General Appropriations Act back of bill language provided the

unexpended FY 2019-20 funds are immediately reverted and re-appropriated in FY 2020-21 for the same

purpose.

Drug Court Case ManagementResources received prior to 2004 to specifically provide state-funded case management for drug court

programs.

Post-Adjudicatory Drug CourtResources received to assist post-adjudicatory drug court programs to divert prison admissions to non-

prison sanctions.

New Resources-Early Childhood CourtsProvided in the FY 2020-21 General Appropriations Act to be used for community coordinators for Early

Childhood Courts. (HB 1105)

New Resources-Community Court Program

Provided in the FY 2020-21 General Appropriations Act to be used for the City of Fort Lauderdale

Community Court Program which combines conventional punishments with alternative sanctions, onsite

treatment, and training. (Senate Form 1292)

New Resources-The Alternatives ProgramProvided in the FY 2020-21 General Appropriations Act to be used for the Alternative to Incarceration

Program, a pre-trial release, intervention, and diversion program. (HB 2197)

Domestic Violence Global Positioning Satellite (GPS) InitiativeProvided to the Eighteenth Circuit to continue its program to protect victims of domestic violence with

Active GPS technology.

Medication-Assisted Treatment-General

Provided for medication-assisted treatment of substance abuse disorders in individuals who have a high

likelihood of becoming involved in the criminal justice system, or individuals who are in court-ordered,

community-based drug treatment.

FY 2020-21 Summary of Circuit Court Appropriations by Activities - General Revenue/State Courts Revenue Trust Fund

Agenda Item II.F.: FY 2020-21 Budget - Other Issues - Attachment A

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Resource Description

Medication-Assisted Treatment-Naltrexone

Provided for naltrexone extended-release injectable medication to treat alcohol- or opioid-addicted

individuals who have a high likelihood of becoming involved in the criminal justice system, or individuals

who are in court-ordered, community-based drug treatment.

Juvenile Drug CourtProvided in the FY 2020-21 General Appropriations Act to be used for the Juvenile Drug Court in Seminole

County. (Senate Form 1954)

Integrated Case Management System (ICMS)Trial court statewide funding to provide ongoing programming, maintenance, and support for the

Integrated Case Management System, an in-house Case Application Processing System (CAPS).

Florida Bar DuesTrial court statewide funding to provide payment of bar dues for positions that are required to be a

member of the Florida Bar as a condition of employment.

Operating Reserve Funding held at the statewide level for emergencies and other critical requests.

National Center for State Courts (NCSC) Dues Provides for access to the NCSC information clearinghouse and other resources.

Court Reporting OpenCourtTrial court statewide funding to provide ongoing support for the OpenCourt in-house solution as an

alternative to systems with costly maintenance agreements.

Remote Interpreting Statewide Call ManagerTrial court statewide funding to provide network bandwidth and on-going maintenance and support for

the in-house supported statewide call manager.

Trial Court Process Improvement

Funding for trial court process improvement related items including training and committee/commission

funding for Jury Instructions, Trial Court Budget Commission, and Trial Court Performance and

Accountability Commission.

State Courts System Network LinesFunding to support network access to court services such as the Judicial Inquiry System, Time and

Attendance System, and Due Process services.

Legal Services Provides for expenditures associated with litigation involving the trial courts.

Statewide Grand JuryProvides for expenditures associated with the impanelment of statewide grand juries as ordered by the

Supreme Court.

Online Dispute Resolution PilotProvided from trial court reserve funding to cover a portion of the cost not covered by local funds to

implement a pilot to study the application of online dispute resolution for court-connected cases.

Agenda Item II.F.: FY 2020-21 Budget - Other Issues - Attachment A

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Agenda Item III.: Personnel Committee Update

There are no materials for this agenda item.

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Agenda Item IV.: FY 2021-22 Legislative Budget

Request (LBR)

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Agenda Item IV.A.: FY 2021-22 Legislative

Budget Request (LBR) – LBR Timeline

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FY 2021-2022 Legislative Budget Request (LBR) Timeline

Trial Courts

Tuesday, June 23 Approval of LBR plan for new issues; Trial Court Budget Commission

meeting Zoom Meeting

Thursday, July 2 Notice of LBR timeline and instructions (if applicable) distributed to

Chief Judges and Trial Court Administrators

Thursday, July 23 Circuit specific issues due to the OSCA Office of Budget Services (if

applicable)

Wednesday, July 29 Approval of preliminary LBR recommendations; TCBC Funding

Methodology Committee meeting Zoom Meeting

Thursday, August 6 Approval of final LBR recommendations; Trial Court Budget Commission

meeting Zoom Meeting

Tuesday, August 11 Notice of TCBC Final LBR decisions distributed to circuits

Friday, August 21 LBR issue appeals, if any, due to TCBC (10 days following Notice of

TCBC Final LBR decisions)

Thursday, September 3 Joint meeting of leadership materials sent out via email

Wednesday, September 9 Joint meeting of leadership with the Chief Justice, District Court of Appeal

Budget Commission, Trial Court Budget Commission, JQC, Judicial

Conference Chairs, and OSCA to review the LBR recommendations 3:00 p.m. to 5:00 p.m. – Zoom Meeting

Thursday, September 10 Final LBR recommendations distributed to the Supreme Court for Court

Conference

Wednesday, September 23 Approval of LBR recommendations by the Supreme Court

Wednesday, October 14 Public Hearing Location TBD

Thursday, October 15 Submission of the Legislative Budget Request to the Legislature

Page 35 of 62

bosleys
Text Box
Agenda Item IV.A.
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Agenda Item IV.B.1.: FY 2021-22 Legislative

Budget Request (LBR) – Issues for Consideration

– Backlog Reduction Plan

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Trial Court Budget Commission

August 6, 2020

Video Meeting

Agenda Item IV.B.1.: FY 2021-22 Legislative Budget Request (LBR) – Backlog

Reduction Plan

Background

State courts across the country significantly curtailed operations in mid-March 2020 due to the

COVID-19 pandemic. While some courts transitioned quickly to a remote working environment,

including offering telephone and videoconferencing platforms for many hearings and status

conferences, physical courthouses were generally closed for in-person proceedings, including jury

trials.

The Florida state courts have taken measures to mitigate the effects of the pandemic on the judicial

branch and its participants. In particular, the Chief Justice has issued several administrative orders

implementing temporary procedures and measures essential to the administration of justice and the

conducting of court proceedings during the pandemic. The orders outline four phases of court

operations, including for the trial courts, as part of the planned transition to normal operations.

They are:

• Phase 1 – in-person contact is inadvisable, court facilities are effectively closed to the

public, and in-person proceedings are rare;

• Phase 2 – limited in-person contact is authorized for certain purposes and/or requires use

of protective measures;

• Phase 3 – in-person contact is more broadly authorized and protective measures are

relaxed; and

• Phase 4 – COVID-19 no longer presents a significant risk to public health and safety.

Although the operational status of each judicial circuit varies and is dependent on circumstances

unique to the individual circuit and its community, as of July 20, 2020, 11 of the 20 judicial circuits

were in phase one, five in phase two, and four have counties within their circuit that are a mix of

phase one and two. The circuits in phase one represent approximately 71% of the statewide filings

(This includes the circuit civil, county civil, circuit criminal, county civil, probate/guardianship,

family/domestic relations, and civil traffic division).1 Depending upon changes in community

health conditions, trial courts may experience some transition back and forth between phases (e.g.,

reverting to phase one after being in phase two).

Due to the COVID-19 pandemic, the trial courts have experienced a sharp decline in statewide

filings starting in March 2020. In the first month of the pandemic, circuit court filings dropped by

52%, county court filings dropped by 60%, and civil traffic filings dropped by 76%.2 Since then,

gains have been slow and somewhat volatile. The longer the trend below normal continues, the

greater the impact to the court system when more normal operations resume.

1 According to Comprehensive Case Information System (CCIS) – July 18, 2018 through June 19, 2019. 2 Based on Florida Court Clerks and Comptrollers 2020 Case Type Counts – July 28, 2020.

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0

1,000

2,000

3,000

4,000

5,000

6,000

7,000

WEEK OF:

CIRCUIT FILINGS

CIVIL CRIMINAL FAMILY PROBATE

0

10,000

20,000

30,000

40,000

50,000

60,000

WEEK OF:

COUNTY FILINGS

CIVIL CRIMINAL CIVIL TRAFFIC

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There is an expected surge of some types of civil cases in the coming months due to the economic

impact of stay-at-home orders in most states. There is currently federal and state foreclosure and

eviction moratoriums in place. An estimated one-third of renters in the United States failed to pay

rent in April. The Florida Bar Foundation reported that an estimated 530,000 eviction filings could

occur in Florida over the next four months.3 U.S. home-mortgage delinquencies climbed in May to

the highest level since November. Further, consumer debt hit a high of $14.3 trillion, just as the

pandemic hit the United States.

3 The Florida Bar Foundation COVID-19 Legal Aid Emergency Fund Update.

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According to data from the Comprehensive Case Information System (CCIS) provided by the

Florida Court Clerks and Comptrollers, approximately 1,890,000 cases are pending statewide, as of

June 2020. This is a 28.4% increase in pending caseload compared to June 2019. Approximately

1,180 criminal and civil jury trials have been delayed statewide since March. In addition,

approximately 185,000 cases from March through June 2020 were not filed due to the pandemic but

are expected to be filed as operations return to normal. All these factors continue to grow each

month and will contribute to the backlog.

Despite the efforts to keep the work of the court system moving, including through extensive use of

technology to conduct proceedings remotely, the trial courts anticipate a significant backlog as they

return to full operations. Addressing these backlogs is one of the greatest challenges that court

officials face.4 In order to address the anticipated backlog that is being created due the pandemic,

the Trial Court Budget Commission (TCBC) directed the Funding Methodology Committee (FMC)

to develop a FY 2021-22 Legislative Budget Request Backlog Reduction Plan for consideration at

the TCBC’s August 6, 2020, meeting.

The following chart generally illustrates the five different stages of court system activity that will be

considered in order to estimate the backlog that is expected to be generated: normal activity,

COVID-19 impacted activity, reopening of the court system activity, economic impact activity, and

returning to normal activity.

4 National Center for State Courts – Steps to Shrink Pandemic Related Backlogs July 22, 2020.

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The anticipated backlog is expected to be generated from three sources:

1) Existing cases on hold/delayed due to COVID-19;

2) New cases not currently being filed due to COVID-19 but may be filed in the future; and

3) Anticipated extraordinary cases that may be filed as a result of COVID-19 or a possible

recession.

In addition to these backlog sources, specific case events like jury trials will further affect projected

workload increases.

To identify what types of temporary resources are needed to address the anticipated backlog, the

FMC distributed a brief survey to the Chief Judges and Trial Court Administrators of the judicial

circuits. The results are as follows:

Similar to the Foreclosure Backlog Reduction Plan, developed in April 2013, the trial courts

indicated adjudicatory and case support categories as the most important types of resources needed.

The development of the resource needs will focus on those two categories, with the understanding

that due process costs needs could be met with the existing resources received as part of the new

appropriation in FY 2020-21, and technology needs will be considered in a separate legislative

budget request. The remaining categories received smaller amounts of interest from the circuits and

will not be considered as part of the Backlog Reduction Plan.

Current

Human resources above current staffing levels are critical to address the significant workload facing

the courts from the building backlog. Temporary resources such as senior judges, OPS general

magistrates, civil traffic infraction hearing officers, OPS case managers, OPS staff attorneys, and

mediation contractual are needed to effectively manage and immediately address the backlog.

These temporary resources support the following goals:

1716

1513 13

1211

10 10

6

3 3

02468

1012141618

FY 2021-22 Legislative Budget Request

Backlog Reduction Plan

Number of Circuits Indicating Interest in Resources

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• Get cases that require judicial attention in front of a judge as soon as possible.

(Adjudicatory)

• Triage pending cases by separating less complicated cases from more complicated ones,

resolving the less complicated ones quickly so that the more complicated ones can get the

attention they need. (Case Support)

Adjudicatory

According to the National Center for State Courts, expanding judicial assignments is one

mechanism to reducing backlog. The judicial circuits requested the following types of temporary

adjudicatory resources to address the three sources of case backlog: senior judges, OPS general

magistrates, and civil traffic infraction hearing officers. Seventeen of the 20 judicial circuits have

requested senior judges. Half of the judicial circuits have requested OPS general magistrates. A

combination of these resources will target areas that are experiencing pressures from delayed cases,

new cases, and extraordinary cases.

In order to further support adjudicatory functions, expense dollars will be needed to support senior

judge travel.

Case Support

There is a need for active case management to reduce backlog. One type of case management is

triage, which refers to the early assessment of party and case needs in order to assign appropriate

resources to resolve a case. When routine case support is delegated to court staff supported by

technology, judicial officers can dedicate their time to matters that require their experience and

authority.5 The judicial circuits recognize OPS case managers, OPS staff attorneys, and mediation

contractual resources as preferred resource types to provide case support and complement the

adjudicatory functions.

Case support refers to the entire set of actions that a court takes to monitor and control the progress

of cases, from initiation through trial or other disposition, as well as completion of all post-

disposition work, to ensure that justice is administered promptly and cost effectively. 6

OPS case managers will be utilized to perform such services as reviewing the file to ensure that all

required documents have been submitted by the parties prior to the hearing, checking service of

process, flagging any issues requiring the judge’s attention, monitoring case progress to determine

readiness for summary judgment hearings, obtaining hearing dates, assisting with coordination of

telephonic hearings, confirming copies of final judgments once signed by the judge, and many

similar tasks.

OPS staff attorneys are needed to assist and advise circuit court judges and thereby helping with

resolution of litigation and related issues; drafting memorandum, opinions, orders and reports;

conducting legal research; and reviewing briefs and case files. Providing additional OPS staff

5 Umbrella Triage: Backlog and New Filings – Resource form National Center for State Courts June 2020

https://nationalcenterforstatecourts.app.box.com/s/olwa4lxt4g2ul0vn24ej037kx4jbokrs. 6 Eleventh Judicial Circuit Civil Case Management Manual January 2018.

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attorneys may not only increase the quality of functions by providing direct assistance and research

to a judge through making legal determinations in writing opinions, but also increase the quantity of

the cases being addressed or more efficiently manage docket time.

Mediation contractual resources will be used to assist in the coordination and scheduling of civil

cases that are referred to mediation, thereby optimizing litigant participation in the resolution of

cases and resulting in more effective use of judicial resources.

Amount of Temporary Adjudicatory and Case Support Resources

In order to determine the amount of temporary resources needed to address the potential backlog

facing the trial courts, estimates of the additional workload needs to be determined from the

pending cases on hold that existed as the pandemic hit, new cases that came in but are on hold, new

case filings that were delayed but will ultimately be filed, and additional case filings above normal

that are filed as a result of an economic downturn or pandemic related litigation.

Assumptions were needed in order to develop a backlog estimate that could be used to determine

workload, and in turn, the amount of resources needed to dispose of the backlog and return the trial

courts to a normal amount of pending cases. The following assumptions were made:

1) Consistent with the National Economy forecast adopted by the Florida Economic Estimating

Conference, assumed that a vaccine will be developed and widely distributed by the third

quarter of calendar year 2021, allowing the court system to fully operate and return to

normal operations. Therefore, holding all other areas constant, filing and disposition levels

would return to normal on July 1, 2021.

2) Normal pending cases occurred as of June 2019.

3) Delayed filings would return July 1, 2021.

4) Extraordinary case filings (filings above normal due to economic conditions or pandemic

related litigation) would be filed July 1, 2021.

5) The moratorium on foreclosure and eviction cases will be lifted before July 1, 2021, but

currently filed and delayed eviction filings will need to be resolved before July 1, 2021.

However, extraordinary eviction case filings will be included in the backlog.

6) Jury trial restrictions will continue in a phased-in approach (July-September 2020: 2% of

trials; October-December 2020: 10% of trials; January-March 2021: 25% of trials; April-

June 2021: 40% of trials).

Attachment A provides a statewide analysis by specific divisions of court and case types that will

contribute to the expected backlog of 992,074 cases, and is shown as “Pending Cases Above

Normal” as of July 1, 2021, in Column I. This represents a 67% increase in pending cases

compared to a normal time period. Note: the backlog number of cases and percent assumes that

most eviction cases may be disposed before July 1, 2021. Additionally, it is estimated that there

will be an additional 4,987 criminal and civil cases that will go to a jury trial for disposition as a

result of the pandemic.

Attachment B provides the statewide need for additional temporary resources in order to handle the

anticipated increase in workload from the backlog produced from the pandemic (senior judges or

OPS). The current judicial case weights were used and adjusted in order to estimate the amount of

time needed to dispose of the number of pending cases above normal. Based on the estimated

backlog and adjusted case weights, an estimated additional 307.3 full-time, temporary judicial or

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quasi-judicial positions are needed to address the cases that will be generated as a result of the

pandemic. Additionally, corresponding case support resources will also be needed to assist the

judicial and quasi-judicial officers. Note that the estimate does not include the significant impact

and need for substantial resources to handle an expected 4,987 jury trials that have been delayed due

to the pandemic.

During the foreclosure crisis, the State Courts System requested $35 million in temporary resources

for three years. The legislature ultimately provided $25 million in temporary resources in support

of the Foreclosure Backlog Reduction Plan to be used over a two-year time period. The backlog

from the foreclosure crisis remained in the court system for many years past the funding. Based on

the total workload and positions needed indicated in Attachment B, it is estimated that the resources

would need to be received over a three-year time period, due to the level of resources needed,

physical constraints with available courtrooms, and availability of senior judges, general

magistrates, and other staff.

The charts below represent one year of a three-year funding plan that will be needed to ensure

sufficient resources are available for the full time period to work through the backlogged cases.

Decision One: Adjudicatory Resources

Type of Resource

Annual

Costs*

Amount of

Resource Total Cost

Option 1: Senior

Judges $83,515 22,575 days $8,602,004

OR

Option 2: OPS

General Magistrate $108,644 103 Positions $11,190,332

*Benefits included if applicable.

Option 3: A mix of resources based on circuits’ needs.

Decision Two: Case Support Resources

Type of Resource

Annual

Costs*

Amount of

Resource

Option 1: One

to One Ratio

Total Cost

Option 2: Two

to One Ratio

Total Cost

Option 3: Three

to One Ratio

Total Cost

Option 1: OPS Court

Program Specialist II $55,893

103/52/35

Positions $5,756,979 $2,906,436 $1,956,255

OR

Option 2: OPS Trial

Court Staff Attorneys $68,888

103/52/35

Positions $7,095,464 $3,582,176 $2,411,080

OR

Option 3: Mediation

Contractual $65,215

103/52/35

Positions $6,717,145 $3,391,180 $2,282,525

*Benefits included, if applicable.

Option 4: A mix of resources based on circuits’ needs.

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Funding Methodology Committee Recommendations

On July 30, 2020, the FMC decided to not quantify the significant workload related to the estimated

4,987 backlogged jury trials and the substantial resources that will be needed to conduct the trials,

due to the uncertainty and variations across the state in trial lengths and procedures needed to

conduct remote or in-person jury trials. The FMC recognized the significant workload associated

with the building backlog in the trial courts and recommended to request funding over a three-year

time period. Additionally, the FMC recommended to cost out the request based on a mix of

resources which will give the circuits flexibility, as indicated in Option 3 for the adjudicatory

resources and Option 4 for the case support resources. Finally, the FMC recommended a ratio of

two judicial or quasi-judicial officers to one case support resource, as indicated in Option 2.

Decisions Needed

Option 1: Approve FMC recommendations and permit OSCA staff to work with the circuits to

determine the mix of resources (including expense dollars for senior judge travel) for development

of the legislative budget request.

Option 2: Approve an alternative.

Additional Information Related to Today’s Decisions

Adjustment for New Resources Appropriated for FY 2020-21

FY 2020-21 new resources received but currently not allocated (Timely Resolution of Cases 21.0

FTEs and $50,000 mediation contractual; Court Interpreting Services 37.5 FTEs and $278,420 due

process costs; and Early Childhood Court 20.0 FTEs) should be considered during the legislative

process.

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A B C D E F G H I J K

SRS Case Types

Total "Normal" Pending

Cases1

Total Pending

Cases as of June 2020

Expected Filings

from July 2020 to

June 2021

Delayed Filings

Returning

Extraordinary Cases Over

Normal

Total (B+C+D+

E)

Expected Dispositions from July

2020 to June 2021

Total Pending

Cases as of June 2021

(F-G)

Pending Cases Above

"Normal" (H-A)

% Increase in Pending Cases from "Normal"

to June 2021

COVID-19 Delayed

Jury Trials as of June

2021

Felony 51,273 61,761 89,316 0 151,077 70,677 80,400 29,128 57% 2,868

Professional Malpractice/Product Liability 2,632 3,458 2,208 310 0 5,976 1,257 4,719 2,087 79%Auto and Other Negligence 50,520 67,643 46,267 605 0 114,515 28,326 86,189 35,669 71%Condominium 1,039 1,280 1,068 294 0 2,642 798 1,844 805 77%Contract and Indebtedness 56,761 64,633 49,955 19,025 33,358 166,971 35,967 131,004 74,243 131%Eminent Domain 225 354 282 0 0 636 137 499 274 122%Foreclosure/Real Property 31,292 30,689 26,664 34,294 18,390 110,037 25,969 84,068 52,776 169%

Other Civil 23,112 26,948 21,970 4,638 0 53,556 16,522 37,034 13,922 60%Other 11,526 14,255 15,108 3,151 0 32,514 9,717 22,797 11,271 98%Appeals from County Court 2,362 2,604 1,487 1,172 0 5,263 892 4,371 2,009 85%

Dissolutions 39,663 50,005 81,595 11,722 0 143,322 63,798 79,524 39,861 101%Domestic Violence 9,700 12,787 70,293 0 83,080 70,828 12,253 2,553 26%Child Support/UIFSA 13,858 16,778 17,166 9,284 13,858 57,086 11,775 45,311 31,453 227%Other 25,745 30,624 35,337 11,735 0 77,696 26,898 50,799 25,054 97%Delinquency 11,198 12,462 20,141 0 32,603 22,018 10,586 -612 -5%Dependency 4,411 3,805 11,914 8,685 0 24,404 13,398 11,006 6,595 150%

Probate 45,529 60,016 56,561 7,542 0 124,119 37,725 86,394 40,865 90%Guardianship 4,361 7,134 10,883 0 18,017 10,738 7,280 2,919 67%Trust 725 991 1,284 236 0 2,511 1,002 1,508 783 108%Baker/Substance Abuse 4,496 6,168 49,898 0 56,066 50,011 6,056 1,560 35%Other Social 4,353 7,455 7,664 0 15,119 5,210 9,909 5,556 128%

Domestic Relations/Family

Probate/Guardianship

Circuit Criminal

Circuit Civil

Backlog Reduction Plan Workload EstimatesStatewide as of June 30, 2021

761

Agenda Item IV.B.1.: FY 2021-22 Legislative Budget Request - Backlog Reduction Plan - Attachment A

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A B C D E F G H I J K

SRS Case Types

Total "Normal" Pending

Cases1

Total Pending

Cases as of June 2020

Expected Filings

from July 2020 to

June 2021

Delayed Filings

Returning

Extraordinary Cases Over

Normal

Total (B+C+D+

E)

Expected Dispositions from July

2020 to June 2021

Total Pending

Cases as of June 2021

(F-G)

Pending Cases Above

"Normal" (H-A)

% Increase in Pending Cases from "Normal"

to June 2021

COVID-19 Delayed

Jury Trials as of June

2021

Backlog Reduction Plan Workload EstimatesStatewide as of June 30, 2021

Small Claims 238,889 339,362 344,717 9,746 0 693,825 260,255 433,570 194,681 81%Civil 79,146 87,981 78,479 40,683 46,513 253,656 61,882 191,775 112,629 142%Non-Monetary Civil 5,353 6,101 6,048 1,234 0 13,382 4,362 9,020 3,667 69%Replevins 669 1,035 1,555 24 0 2,614 46 2,568 1,899 284%

Evictions230,336 31,001 75,348 78,791 17,828 202,968 154,804 48,164 17,828 59%

Misdemeanor 80,213 99,867 207,740 0 307,607 184,667 122,940 42,727 53%Criminal Traffic 104,286 139,371 224,073 0 363,444 199,510 163,934 59,648 57%Municipal Ordinance 6,788 8,009 17,922 0 25,931 15,700 10,230 3,442 51%County Ordinance 11,907 16,757 24,669 0 41,426 22,095 19,331 7,424 62%

Civil Traffic Infraction 519,006 679,052 1,134,763 0 1,813,815 1,125,449 688,366 169,360 33%

Total 1,471,373 1,890,385 2,732,374 243,172 129,947 4,995,878 2,532,432 2,463,447 992,074 67% 4,9871Normal represents pending cases as of June 30, 2019.2This assumes that eviction cases will be disposed during FY 2020-21 as a priority once the moratorium is lifted.

County Civil

County Criminal

Traffic

76

1,282

Agenda Item IV.B.1.: FY 2021-22 Legislative Budget Request - Backlog Reduction Plan - Attachment A

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A B C D

SRS Case Types

Pending Cases Above

"Normal"Case

Weights

COVID-19 Delayed Jury Trials (as of June 2021)

Pending, Delayed, and

Extraordinary Cases FTE

Circuit CriminalFelony 29,128 88 2,868 16.6

Circuit CivilProfessional Malpractice/Product Liability

2,087 474 7.3

Auto and Other Negligence 35,669 97 22.7Condominium 805 20 0.1Contract and Indebtedness 74,243 50 40.9Eminent Domain 274 92 0.2Foreclosure/Real Property 52,776 20 13.6Other Civil 13,922 92 11.0Other/Business Disputes 11,271 229 21.3Appeals from County Court 2,009 275 5.7

Domestic Relations/FamilyDissolutions 39,861 72 24.1Domestic Violence 2,553 26 0.4Child Support/UIFSA 31,453 16 5.6Other 25,054 59 14.1Delinquency -612 47 0.0Dependency 6,595 271 26.7

Probate/GuardianshipProbate 40,865 18 5.6Guardianship 2,919 101 1.9Trust 783 116 0.8Baker/Substance Abuse 1,560 6 0.1Other Social 5,556 18 0.6

County CivilSmall Claims 194,681 16 25.4Civil 112,629 29 44.9Non-Monetary Civil 3,667 21 0.8Replevins 1,899 21 0.3Evictions 17,828 10 2.8

County CriminalMisdemeanor 42,727 16 5.3Criminal Traffic 59,648 14 6.7Municipal Ordinance 3,442 16 0.4County Ordinance 7,424 16 0.9

TrafficCivil Traffic Infraction 169,360 0.22 0.3

Total 992,074 4,987 307.3

Backlog Reduction Plan Workload EstimatesStatewide as of June 30, 2021

1,282

761

76

Agenda Item IV.B.1.: FY 2021-22 Legislative Budget Request - Backlog Reduction Plan - Attachment B

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Agenda Item IV.B.2.: FY 2021-22 Legislative

Budget Request (LBR) – Issues for Consideration

– COVID-19 Resource Needs

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Trial Court Budget Commission

August 6, 2020

Video Conference

Agenda Item IV.B.2.: FY 2021-22 Legislative Budget Request (LBR) – Issues

for Consideration – COVID-19 Response Needs

As referenced in Agenda Item II.E.: FY 2020-21 Budget – COVID-19 Related Resource Needs, the Trial Court Budget Commission Executive Committee directed staff of the Office of the State

Courts Administrator (OSCA) to survey the circuits on their respective counties’ resource needs

to mitigate the impact due to the COVID-19 pandemic as it relates to:

• personal protective equipment (PPE);

• technology needs to support remote appearance and teleworking; and

• other resources.

The survey requested the circuits identify their anticipated current year needs and the possible

funding source for those needs, including county, OSCA supply of PPE, their current state

operating allocations, or unknown. This information was also requested to identify possible

requests or reimbursement from the federal CARES Act funding or any additional opportunities

for grant or other source funding.

The current year needs could be used to develop a FY 2021-22 legislative budget request (LBR),

excluding those needs identified as being funded by the county.

The following tables depict circuits’ responses:

Personal Protective Equipment (PPE) Needs

PPE Total Cost

Hand sanitizer, masks, sneeze guards, gloves,

face shields, disposable fingerprinting strips,

and other general PPE

$545,261

Technology Needs to Support Remote Appearance and Teleworking

Bandwidth Total Cost

$8,000

Equipment Total Cost

Jury audio upgrades, laptops for staff, surface

pros, zoom kiosks, printers, monitors, Polycom

carts, docking stations, cameras, additional

technical equipment

$634,456

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OPS Staff Total Cost

$572,586

Court/Hearing Room Total Cost

$653,250

VRI Resources Total Cost

$167,750

Virtual Meeting Licenses Total Cost

$158,763

Other Total Cost

Laptops, zoom kiosks, printers, wireless

keyboards, etc. $80,500

Grand Total Total Cost

$2,275,305

Additional Resource Needs

Other Total Cost

Health Screeners, temperature scanners,

signage, cleaning contracts, automatic doors,

deep cleaning capability, jail kiosk, other

PPE and sanitizers

$250,000

Based on the above results, the judicial circuits have identified a total amount of $3,070,566, as

follows:

• PPE = $545,261;

• Technology Needs to Support Remote Appearance and Teleworking =

$2,275,305; and

• Additional Resource Needs = $250,000.

Decision Needed

Option One: Assuming the judicial circuit’s COVID-19 response needs continue into the next

fiscal year (2021-22), approve the full amount.

Option Two: Assuming the judicial circuit’s COVID-19 response needs continue at a reduced

level into the next fiscal year (2021-22), approve a partial amount.

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Option Three: Assuming that a vaccine will be developed and widely distributed by July 1,

2021, allowing the court system to fully operate and return to normal operations, do not approve.

Source of Funding

If the Commission approves filing this issue in part or in whole, it may want to consider

requesting State Courts Revenue Trust Fund authority for non-recurring items. The amount of

non-recurring items will need to be determined through further analysis of the survey results.

Decision Needed

Option One: Allow OSCA staff to determine the total cost of non-recurring items and develop

the LBR to be split between trust authority and General Revenue.

Option Two: Request total cost from General Revenue only.

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Agenda Item IV.B.3.: FY 2021-22 Legislative

Budget Request (LBR) – Issues for Consideration

– Online Dispute Resolution Pilot Project

Continuation Funding

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Page 54: MEETING AGENDA...MEETING AGENDA 9:00 a.m. to 11:30 a.m., (ET) Thursday, August 6, 2020 Zoom Webinar ... Zoom Webinar Agenda Item II.B.: Positions Vacant More than 180 Days (as of August

Trial Court Budget Commission

August 6, 2020

Video Conference

Agenda Item IV.B.3: FY 2021-22 Legislative Budget Request (LBR) – Issues

for Consideration – Online Dispute Resolution Pilot Project Continuation

Funding

Background

In May 2018, the Supreme Court requested an assessment of online dispute resolution solutions

and the anticipated impact of implementing this technology in court-connected alternative

dispute resolution services in Florida. Online dispute resolution (ODR) involves litigants

progressing through a series of questions and steps in an online platform designed to assist the

litigants with bringing the case to resolution. The Online Dispute Resolution Workgroup was

created jointly under the Commission on Trial Court Performance and Accountability and the

Committee on Alternative Dispute Resolution Rules and Policy. In 2018, the Workgroup

developed the report, Online Dispute Resolution in Florida’s Trial Courts, which advanced the

following three recommendations to the Court:

1) Authorize a pilot to study the application of ODR in Florida’s trial court small claims

cases;

2) Communicate to the trial court chief judges and clerks of court the scope and intent of the

ODR pilot and emphasize the need for continued compliance with existing court rules and

statutes governing court-connected mediation; and

3) Direct a legal analysis of ODR as a method of dispute resolution for court-connected cases.

The Court approved the recommendations from the initial report in October 2018 and requested

that the ODR Workgroup be reconvened to oversee the establishment of a pilot to study the

application of ODR in a variety of case types including, but not limited to, small claims, family,

and civil traffic. They requested that the Workgroup report back to the Court with a pilot

implementation plan. In June 2019, the Court approved the Online Dispute Resolution Pilot

Project Plan for Florida’s Trial Courts and requested that the Workgroup move forward with its

implementation with the recommended six participating pilot circuits.

The staff of the Office of the State Courts Administrator (OSCA) consulted with the six

participating circuits to identify the case types in which ODR would be tested in their circuit and

to determine the case processing sample and associated costs (per-case processing and set-up

costs). The primary costs associated with ODR stem from the per-case processing fees charged

by the vendor. At its June 25, 2019, meeting, the Trial Court Budget Commission (TCBC)

approved non-recurring funding from FY 2019-20 statewide reserves for the pilot of $124,680.

At their June 23, 2020, meeting, the TCBC authorized $79,560 non-recurring funds to cover the

remaining portion of the pilot.

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Trial Court Budget Commission

August 6, 2020

Video Conference

The ODR Workgroup will provide a report on their findings and recommendations for the future

applications of ODR in Florida to the Supreme Court in January 2021.

Current Issue

At this time, the Commission is being asked to consider a legislative budget request for FY

2021-22 funding for online dispute resolution. The request is based on the initial cost of the pilot

($124,680) but acknowledges that the cost estimate may need to be revised based on the outcome

of the Court’s action on the ODR Workgroup report.

Decision Needed

Option 1: File the legislative budget request as drafted, with the understanding that a

supplemental legislative budget request may need to be filed.

Option 2: Propose an alternative.

Option 3: Do not file the legislative budget request.

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Page 56: MEETING AGENDA...MEETING AGENDA 9:00 a.m. to 11:30 a.m., (ET) Thursday, August 6, 2020 Zoom Webinar ... Zoom Webinar Agenda Item II.B.: Positions Vacant More than 180 Days (as of August

Agenda Item IV.B.4.: FY 2021-22 Legislative

Budget Request (LBR) – Issues for Consideration

– Courthouse Furnishings

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Page 57: MEETING AGENDA...MEETING AGENDA 9:00 a.m. to 11:30 a.m., (ET) Thursday, August 6, 2020 Zoom Webinar ... Zoom Webinar Agenda Item II.B.: Positions Vacant More than 180 Days (as of August

Trial Court Budget Commission

August 6, 2020

Video Conference

Agenda Item IV.B.4: FY 2021-22 Legislative Budget Request – Courthouse

Furnishings

Background

On June 23, 2020, the Trial Court Budget Commission (TCBC) considered possible issues for the

trial court’s FY 2021-22 Trial Court Legislative Budget Request submission. The circuits were

notified of the issues to be considered at the TCBC meeting on August 6, 2020 and were asked to

review their individual needs for new or renovated courthouse furnishings in non-public areas. Past

TCBC action included approval of furniture requests related to new, expansion, or courthouse

renovation projects only. Other furniture needs not meeting these criteria were recommended to be

funded through year-end spending plans.

Three circuits submitted requests for non-recurring funding for courthouse furnishings. All items

submitted were reviewed for compliance with provisions in section 29.008, Florida Statutes, and

with the Department of Financial Services and the Governor’s Office of Policy and Budget

guidelines. The total of all requests submitted for new or renovated courthouse related furnishings

total $449,577.

A. First Judicial Circuit Furnishings Request for New Courthouse - $179,545

The First Judicial Circuit is requesting funding for furnishings for the new Santa Rosa County

Courthouse. The courthouse is estimated for completion in November 2021. The non-public

areas of the courthouse will include eight judicial chambers, 30 offices for judicial assistants

and court administration, and three conference rooms.

B. Ninth Judicial Circuit Furnishings Request for Renovation of Courthouse - $170,320

Three floors of the Orange County Courthouse were left unfinished when the building was

opened in 1997. Orange County has approved a capital project to build out the three floors to

include four courtrooms and eight judicial chambers. The construction will begin in October

2020 with an estimated completion date of July 2021. The new space will allow the business

court division to move back from the juvenile courthouse after their relocation due to lack of

chamber space. The new space will also include chambers for appellate judges and senior

judges. The Ninth Judicial Circuit’s request will furnish eight judicial chambers and eight

judicial assistant offices.

C. Fourteenth Judicial Circuit Furnishings Request for New Courthouse - $99,712

The Fourteenth Judicial Circuit is requesting funding for furnishings for the new Juvenile

Courthouse/Court Administration Building located in Bay County. The courthouse is estimated

to be completed in October/November 2021. The non-public areas of the courthouse will

include four judicial chambers, 24 offices for judicial assistants, magistrate, hearing officer, and

court administration.

Options:

1. File issue as requested.

2. Propose alternative option.

3. Do not file the issue.

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Page 58: MEETING AGENDA...MEETING AGENDA 9:00 a.m. to 11:30 a.m., (ET) Thursday, August 6, 2020 Zoom Webinar ... Zoom Webinar Agenda Item II.B.: Positions Vacant More than 180 Days (as of August

Agenda Item IV.C.: FY 2021-22 Legislative

Budget Request (LBR) – Priority Ranking of

LBR Issues

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Trial Court Budget Commission

August 6, 2020

Video Conference

Agenda Item IV.C.: Priority Ranking of LBR Issues

Chapter 216, Florida Statutes, requires the judicial branch (and all state entities) to list the

request for operational expenditures in excess of the base operating budget, by order of priority.

Schedule VIIIA of the Legislative Budget Request (LBR) is the means by which this

prioritization is provided.

The chart below reflects the Fiscal Year 2021-2022 LBR issues presented to the Trial Court

Budget Commission for approval. For those issues approved, please rank the priority order.

ISSUE PRIORITY #

Backlog Reduction Plan

COVID-19 Response Needs

Online Dispute Resolution Pilot Project Continuation

Furnishings for Non-Public Areas of New or Renovated Courthouses

Other

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Agenda Item V.: Workgroup on Continuity of

Court Operations and Proceedings During and

After COVID-19

There are no materials for this agenda item.

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Agenda Item VI.: Report from Chief Justice

Designee to Florida Clerk of Court Operations

Corporation Executive Council

There are no materials for this agenda item.

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Agenda Item VII.: Other Business

There are no materials for this agenda item.

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