2017-30117 ResolutionRESOLUTION NO 2017 -30117
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, URGING THE FLORIDA
LEGISLATURE AND GOVERNOR RICK SCOTT TO PROVIDE
STATEWIDE FUNDING FOR THE OFFICES OF THE CLERKS OF THE
CIRCUIT AND COUNTY COURTS AT A LEVEL SUFFICIENT TO
FULLY FUND THEIR COURT - RELATED FUNCTIONS IN
ACCORDANCE WITH THEIR BUDGET SUBMISSIONS TO THE
CLERKS OF COURT OPERATIONS CORPORATION.
WHEREAS, Florida's Clerks of Courts are often considered the foundation of the state's
judicial system; and
WHEREAS, Clerks of Court work behind the scenes, but are integral to everyday life in
our communities, as they provide critical support and services to the court system, the , the
legal community, local governments, and the public; and
WHEREAS, adequate funding of our state Clerks' offices is required by the Florida
Constitution and necessary to ensure meaningful access to justice for all Floridians, as
overburdened and underfunded Clerks' offices can result in the severe curtailment of access to
important public services, such as paying for a traffic ticket, applying for a marriage license, and
filing and /or copying court documents, and can also cause serious delays in court proceedings;
and
WHEREAS, the state's Clerks of Court are funded by filing fees, service charges, fines
and court costs, and any additional general funds appropriated by the Florida Legislature; and
WHEREAS, Article V, section 14 of the Florida Constitution specifies state and county
responsibilities for funding the state courts system by providing that the Supreme Court and the
District Courts of Appeal must be fully funded by the state, and the operations of the trial courts
(the circuit and county courts) are funded by the state, while capital costs of the trial courts are
borne by the counties; and
WHEREAS, Article V, section 14(b) of the Florida Constitution provides that "all funding
for the offices of the clerks of the circuit and county courts performing court related functions,
except as otherwise provided ... shall be provided by adequate and appropriate filing fees for
judicial proceedings and service charges and costs for performing court - related functions as
required by general law "; and
WHEREAS, collectively, Florida's 67 county clerks annually take in more than $1 billion
in yearly revenue for the state, yet they get back less than half of that from the state for
operations; and
WHEREAS, indeed, state funding for local Clerks' offices has been sharply cut, or held
flat, the last nine years, while the need for staff and access to court services has increased as
the state's population continues to grow; and
WHEREAS, as such, county clerks across the state have felt the harsh effects of the
state's underfunding and, like the Miami -Dade Clerk of Courts, have been forced to respond by
cutting employees and reducing office hours or satellite counters; and
WHEREAS, in Fiscal Year 2016 -17, the Florida Legislature cut $40 million statewide
from Clerks' offices, equating to a $6 million loss to Miami - Dade's Clerk of Courts; and
WHEREAS, many courts systems throughout the state, including Miami- Dade's, cannot
sustain the continued loss of funds and provide reasonable levels of service to residents; and
WHEREAS, the Florida Constitution requires that where filing fees, service charges,
fines, and court costs are insufficient to fund the court- related functions of the offices of the
Clerks of the circuit and county courts, the state shall provide, as determined by the legislature,
adequate and appropriate supplemental funding from state revenues appropriated by general
law; and
WHEREAS, the Mayor and City Commission urge the Florida Legislature and the
Governor to provide statewide funding for the offices of the Clerks of the circuit and county
courts at a level sufficient to fully fund their court- related functions in accordance with their
budget submissions to the Clerks of Court Operations Corporation.
NOW THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby urge the Florida Legislature and Governor Rick Scott to provide statewide
funding for the offices of the Clerks of the circuit and county courts at a level sufficient to fully
fund their court - related functions in accordance with their budget submissions to the Clerks of
Court Operations Corporation.
PASSED and ADOPTED this 13 day of &o n& , 2017.
ATTEST:
k L /Y"1
Rafael E. Granado, City Clerk
Dan Gelber, Mayor
APPROVED AS TO
FORM & LANGUAGE
& FOR EECUTION
tZ`rr'11
City Attorney
Date
M
BEACH
Resolutions - C7 AC
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Commissioner Micky Steinberg
DATE: December 13, 2017
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION URGING THE
FLORIDA LEGISLATURE AND GOVERNOR TO PROVIDE STATEWIDE FUNDING
FOR THE OFFICES OF THE CLERKS OF THE CIRCUIT AND COUNTY COURTS
AT A LEVEL SUFFICIENT TO FULLY FUND THEIR COURT - RELATED
FUNCTIONS IN ACCORDANCE WITH THEIR BUDGET SUBMISSIONS TO THE
CLERKS OF COURT OPERATIONS CORPORATION
RECOMMENDATION
Adopt the Resolution.
Legislative Tracking
Grants Management
Sponsor
Commissioner Micky Steinberg
Page 629 of 1320