1. PRESENTED AT THE FCCC NEW CLERK ACADEMY THURSDAY, MAY 12, 2016 Interdynamics between the FCCC & CCOC THE HONORABLE SHARON R. BOCK, ESQ. CHAIR, CCOC CLERK & COMPTROLLER, PALM BEACH COUNTY KEN KENT EXECUTIVE DIRECTOR, FCCC

2. Organizational Context Florida’s Elected Court Clerks & Comptrollers FACC Services Group dba Civitek MyFloridaCounty.com Clericus MyFloridaRemit.com MyPaymentPortal.com MyFloridaCounty.com LEGEND Ownership _____ Contract ………….. Partnership- - - - - - E-Filing Authority Florida Trust FCCC CCOC FCCC Civitek National TCATS CCIS

3. Current Board CCOC

4. Current Board FCCC

5. Current Board FACC Services Group dba Civitek

6. THE CORPORATION AND ASSOCIATION SHALL AS WELL... “The Clerk Shall…”

7. Governance FCCC SourceFCCC 28.2405, F.S. CCIS 28.24(12)(e)(1), F.S. Service charges 28.2457 (2), F.S. Mandatory monetary assessments 28.246 (1), F.S. Payment of court- related fines 28.42, F.S. Manual of filing fees, charges, costs, and fines. All clerks are required to participate in the FCCC’s CCIS system and to submit data based on case types designed by the Supreme Court. 10 cents of a $4 service charge on most recorded instruments is used to fund CCIS, when the county maintains legal responsibility for court- related technology needs. Clerks, through FCCC and in consultation with OSCA, are required to develop and keep updated a uniform form for the identification and imposition of all assessments mandated by statute. Clerks must report to the Legislature and CCOC total amounts of mandatory and discretionary fees, costs and service charged assessed, under-assessed & collected using guidelines developed by FCCC & OSCA. Clerks, through FCCC and in consultation with OSCA, are required to prepare, maintain & distribute a manual of filing fees, service charges, costs & fines imposed by law, and classified as mandatory or discretionary and court-related or non-court related revenues.

8. Governance FCCC SourceFCCC 61.181(2)(b)(1) and 61.1826, F.S. Child Support 213.13, F.S. Electronic Remittance 318.18(8) (a), F.S. Penalties 695.27(5)(a), F.S. URPERA 741.30 & 784.0485, F.S. DV and Stalking 784.046(8)(c)(5)(a) Repeat, sexual, dating violence DOR required to contract with FCCC to automate the collection of child support payments DHSMV required to contract with FCCC to design & maintain a statewide Traffic Citation Accounting System DOR and FCCC shall establish procedures for electronic transmittal of funds for all fees, fines, courts costs, etc. required to be remitted by law. FCCC required to provide administrative support to the Electronic Recording Advisory Committee. FCCC shall provide or approve training to effectively assist domestic violence and stalking petitioners for clerks and staff. FCCC shall develop an automated process for a petitioner to request notification of service of the junction for protection against repeat violence, sexual violence, dating violence, etc.

9. Governance CCOC SourceCCOC 28.35, F.S. CCOCEstablishes the Council 28.36, F.S. Budget Procedure 28.37, F.S. Fines, fees 27.52 and 57.082, F.S. Indigent Status 318.18 (13)(a) (3)(b), F.S. Traffic 11.45(2)(f), Auditor General Duties 11.90(6)(c), F.S. Legislative Budget Commission Establishes the clerk’s court-related budget procedure Clerks required to consult with CCOC before submitting excess funds at the end of the FY CCOC develops the indigency application form for civil and criminal and submits to the Supreme Court for approval CCOC develops form related to $ collected for court facilities The Auditor General must conduct an operation audit of the CCOC at least every 3 years. The Legislative Budget Commission shall have the power and duty to review, approve, disapprove or amend and approve the CCOC budget.

10. Who does what? FCCC CCOC

11. Scope of Services FCCC CCOC ItemFCCCCivitekCCOC Services Promote public awareness of office & issues (i.e. pro se, guardianship) Educate Advocate Provide a forum for the exchange of ideas & best practices Work to improve Clerks’ service Provide case management services Provide online payment solutions for child support, traffic tickets and official records Maintain e-filing portal Review, certify and recommend court- related budgets Develop a uniform system of workload measures Recommend to the legislature changes in court-related fines, fees, charges Fund clerk education program

12. How does it get done? FCCC CCOC

13. Structure FCCC CCOC ItemFCCCCivitekCCOC Budget Number of Staff Revenue Source(s) $12.7 million $23.8 million$1.6 million 16 FTE’s 91 FTE’s 9 FTE’s Civitek Revenue Allocation Membership Dues CCOC Contract for Education Florida Trust Education Funds Credit card and ACH processing fees User fees for Clericus $5 of the first $55 for each civil filing fee

14. Structure FCCC CCOC ItemFCCCCivitekCCOC Standing Committees Terms Term Limits Executive Board of Directors Strategic Planning Legislative Nominating Constitution & Bylaws Education Budget and more None Executive Legislative Budget Performance Improvement & Efficiency (PIE) Revenue Enhancement 1 year 2 year staggered None

15. Structure FCCC CCOC ItemFCCCCivitekCCOC Board Composition Board Selection 15 Clerks 5 Exec. Comm. Members 3 Past Presidents 7 from Districts Elected by vote of other Clerks 7 Clerks From Districts 8 Clerks From counties of varying population size 3 Appointees House Speaker Appointee Senate President Appointee Chief Justice Appointee 2 year staggered

16. Interface & Overlap FCCC CCOC Education Budget Legislation

17. Education The CCOC Budget Committee must educate Clerks on the budget process The CCOC shall help carry out the statutory duties of developing and conducting clerk education programs. The CCOC can and does contract with FCCC for developing & conducting of some specific education programs which may be based on the following: Certification Training –development, implementation, and administration of a program of training and education as required by s. 145.051, F.S. (Supreme Court Certified Clerks), and delineated in the Florida Supreme Court A.O. 11/18/96. Budgetary Training –development, implementation, and administration of training requirements deemed necessary by the Council for the effective ongoing implementation and administration of the Clerk of Court budgetary and reporting process. FCCC CCOC

18. Budget The CCOC is required to review, certify and recommend proposed budgets using the methodology set forth in law The CCOC is required to submit its proposed budget to the Legislative Budget Commission, along with the information described in Section 28.35(2)(f), Florida Statute, & proposed budgets for each Clerk of Court. The CCOC Budget Committee shall develop budget forms and instructions for Clerks; inform and educate Clerks on the budget process; request Clerks to submit a budget; develop budgetary evaluation criteria; review Clerks proposed budgets consistent with the evaluation criteria; recommend to the Council a proposed budget for all Clerks and; recommend such amendments to existing or proposed budgets as may be required. The FCCC funded Phase 1 of the North Highlands Study, which looked at whether a drop in case filings meant a drop in workload, while CCOC funded Phase 2 of the study, which looked at what impacts Clerk revenues and expenditures. FCCC CCOC

19. Legislation The FCCC may retain the services of a Legislative Affairs Officer, who may be the General Counsel for the FCCC. The FCCC Legislative Committee’s function is to develop and promote a legislative program for each session of the Legislature that is reflective of the statutory requirements of the duties and responsibilities of the office, and to monitor the legislative process relative to proposed legislation for positive or negative impacts, and in response, to develop an appropriate agenda. FCCC

20. Legislation CCOC Sole source of budget and performance numbers to the Legislature and stakeholders Recommend to the Legislature changes in the amounts of the various court- related service charges, fines, fees and costs established by law to ensure reasonable & adequate funding of Clerks for court-related functions. The CCOC Budget Committee is responsible for presenting the budget before the Legislature, Governor or staff & identifying legislative problems and solutions and recommending them to the CCOC Legislative Committee. The CCOC Legislative Committee shall review Legislative priorities, monitor committee hearings, bills, and other issues as they relate to Clerks and CCOC activities and act on behalf of the Council to provide analysis & recommendations to the Legislature. Obtain input on legislative initiatives from FCCC Legislative Committee. The Corporation Chair & Executive Director shall meet with the FCCC President & Executive Director regularly to coordinate efforts relating to budget and legislative issues.

21. Role in the Legislative Process: Make Friends FCCC CCOC

23. Evolution of Clerk Organizations 1969……2000…2001…2002…2003…2004…2005…2006…2007…2008…2009…2010…2011…2012…2013…2014 FCCC Created CCOC Created Clerk’s established in the 1838 Florida Constitution Civitek National Created FACC Services Group Created Chief Justice gets appointee Budget rebasing 10% contingency reserve allowed All clerks are ex-officio members of CCOC Fees, fines, etc. may not be used in excess of max. budget Senate President & House Speaker get ex-officio appointees Service Unit Cost budget mandate Workload unit measures budget mandate Submit budgets to Legislative Budget Commission

24. Key Takeaway FCCC CCOC

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26. Questions?