Notes:
GOOD
MORNING/AFTERNOON. I WOULD LIKE TO TAKE THIS
OPPORTUNITY TO TALK WITH YOU ABOUT SOME CHANGES THAT WILL TAKE PLACE IN
FLORIDA’S COURTS BEGINNING JULY 1, 2004.
Notes:
APPROXIMATELY FOUR
YEARS AGO, FLORIDA
VOTERS APPROVED AN AMENDMENT TO THE FLORIDA CONSTITUTION RELATING TO THE FUNDING FOR THE JUDICIAL BRANCH
OF GOVERNMENT.
THIS AMENDMENT, COMMONLY
REFERRED TO
AS “REVISION 7,” CHANGES HOW OUR COURTS WILL BE FUNDED IN
THE FUTURE.
Notes:
CURRENTLY OVER
HALF OF OUR COURTS’ BUDGET COMES FROM COUNTY FUNDS; HOWEVER, REVISION 7 CALLS
FOR A LARGER
PORTION OF THE COURTS’ FUNDING TO COME FROM STATE COFFERS.
THIS CHANGE POSES A SIGNIFICANT FISCAL CHALLENGE FOR THE STATE
AND THE LEGISLATURE.
Notes:
UNDER THIS
AMENDMENT, THE STATE WILL BE RESPONSIBLE FOR FUNDING MOST ASPECTS OF THE STATE COURTS SYSTEM, OFFICES OF STATE
ATTORNEYS AND PUBLIC DEFENDERS, AND OTHER COURT-APPOINTED COUNSEL. OFFICES OF THE CLERKS OF COURT (WHEN
PERFORMING COURT-RELATED
FUNCTIONS) WILL BE LARGELY FUNDED THROUGH USER FEES.
Notes:
THE COUNTIES WILL
CONTINUE TO PAY FOR FACILITIES, SECURITY, EXISTING CRIMINAL JUSTICE INFORMATION
SYSTEMS, COMMUNICATIONS,
AND, AS SPECIFIED BY THE LEGISLATURE, LOCAL REQUIREMENTS.
SO, YOU MAY BE ASKING: HOW DOES THIS AFFECT ME AND MY LOCAL
COMMUNITY?
THE TRUTH IS, THIS
AMENDMENT IS GOING TO AFFECT ALL FLORIDIANS.
IT IS CRITICAL THAT THE NEW FUNDING STRUCTURES ARE IMPLEMENTED SO THAT THE
COURT SYSTEM
IS NOT DISRUPTED.
IT IS ESSENTIAL THAT THE COURTS CONTINUE TO FULFILL THEIR
CONSTITUTIONAL
OBLIGATIONS TO FLORIDIANS.
IN ORDER TO FULFILL THOSE OBLIGATIONS THE COURTS MUST CONTINUE
TO RECEIVE ADEQUATE
FUNDING, WHETHER FROM COUNTY OR STATE FUNDS.
EACH OF YOU SITTING HERE TODAY LIKELY HAS COME INTO CONTACT
WITH THE COURT SYSTEM OR KNOWS SOMEONE WHO HAS.
YOU
MAY HAVE BEEN A VICTIM OF CRIME, YOU MAY HAVE BEEN SUED, YOU MAY HAVE BEEN INVOLVED IN A PROPERTY DISPUTE, YOU MAY KNOW
SOMEBODY WHO IS
IN A COURT ORDERED DRUG TREATMENT PROGRAM, YOU MAY HAVE HAD A FAMILY MEMBER INVOLVED IN A
CHILD CUSTODY DISPUTE.
CLEARLY, THE WORK OF THE COURTS DIRECTLY IMPACTS PUBLIC SAFETY, BUSINESS AND COMMERCE,
AND THE WELFARE
OF OUR FAMILIES AND CHILDREN. IT AFFECTS US IN OUR
COMMUNITIES AND IN OUR HOMES.
SIMPLY PUT, THE COURT SYSTEM TOUCHES ALL OUR LIVES.
OVER THE NEXT FEW MINUTES I WANT TO REVIEW SIX KEY POINTS
THAT EXPLAIN WHAT
THE COURTS DO AND WHY THEY ARE IMPORTANT TO YOU AND YOUR COMMUNITY.
OUR COURTS HELP PROTECT DEMOCRACY BY:
UPHOLDING THE
LAW
ENSURING INDIVIDUAL
RIGHTS AND LIBERTIES
ENFORCING
PUBLIC ORDER AND
PROVIDING FOR A
PEACEFUL RESOLUTION OF DISPUTES
APPROXIMATELY 2.8 MILLION CASES ARE FILED EACH YEAR. THESE INCLUDE:
JUVENILE AND
ADULT CRIME
DRUG AND
ALCOHOL ADDICTION
CHILD,
SPOUSAL, AND ELDER ABUSE
DIVORCE, PATERNITY,
ADOPTION, CHILD CUSTODY & SUPPORT
PROBATE MATTERS AND GUARDIANSHIP OF PERSONS UNABLE TO CARE
FOR THEMSELVES
CIVIL DISPUTES, AND
TRAFFIC AND ADMINISTRATIVE
MATTERS
OUR COURTS ALSO PROVIDE MEDIATION AND OTHER FORMS OF
ALTERNATIVE DISPUTE
RESOLUTION, OFFERING LITIGANTS AN OPPORTUNITY FOR GREATER SELF-DETERMINATION
REGARDING THE FINAL OUTCOME OF THEIR CASES.
AN ADEQUATELY FUNDED, ACCESSIBLE, FAIR, AND EFFECTIVE COURT
SYSTEM IS ESSENTIAL
TO THE CONTINUED STRENGTH AND SUCCESS OF OUR DEMOCRACY.
OUR COURTS, WORKING WITH OTHER CRIMINAL JUSTICE PARTNERS
SAFEGUARD
VICTIMS’ RIGHTS
DETERMINE GUILT OR
INNOCENCE OF THE ACCUSED
IMPOSE
APPROPRIATE PUNISHMENT
CRIME IMPACTS EVERY
FLORIDIAN. IT RESULTS IN PHYSICAL AND EMOTIONAL INJURY, LOSS OF LIFE, LOST WAGES, INCREASED INSURANCE
PREMIUMS, ADDITIONAL
BUSINESS EXPENSES, AND DEGRADATION OF QUALITY OF LIFE IN OUR COMMUNITIES.
THERE WERE OVER ONE MILLION CRIMINAL CASES FILED LAST YEAR.
THESE INCLUDE FELONY CRIMES SUCH AS MURDER, SEXUAL ASSAULT, ROBBERY, BURGLARY, THEFT, AND FORGERY. THEY ALSO INCLUDE MISDEMEANOR CRIMES SUCH AS DRIVING
UNDER THE INFLUENCE,
WRITING WORTHLESS CHECKS, CRIMINAL TRAFFIC OFFENSES AND VIOLATIONS OF MUNICIPAL AND COUNTY
ORDINANCES.
INCLUDED IN THESE NUMBERS WERE NEARLY 56,000 DRUG OFFENSES.
CLEARLY, AN ADEQUATELY
FUNDED CRIMINAL COURT SYSTEM, AS WELL AS ADEQUATELY FUNDED STATE ATTORNEYS AND PUBLIC DEFENDERS OFFICES, ARE
ESSENTIAL TO THE SAFETY AND SECURITY OF OUR COMMUNITIES.
OUR COURTS
RESOLVE PERSONAL, BUSINESS AND PROPERTY DISPUTES.
THE BUSINESS
COMMUNITY IS A MAJOR USER OF THE JUSTICE SYSTEM.
THE ABILITY TO
RESOLVE COMMERCIAL DISPUTES IN A FAIR AND TIMELY FASHION IS OF GREAT
IMPORTANCE TO THE BUSINESS COMMUNITY.
THE INABILITY
TO DO SO RESULTS IN LOST PROFITS, INCREASED LITIGATION COSTS, AND LOWER
PRODUCTIVITY.
THERE WERE ABOUT 1.2 MILLION CIVIL CASES FILED IN OUR COURT
SYSTEM LAST
YEAR. NON-CRIMINAL CASES INCLUDE CIVIL,
DOMESTIC RELATIONS, PROBATE, JUVENILE DEPENDENCY, AND CIVIL TRAFFIC.
CLEARLY, AN ADEQUATELY
FUNDED CIVIL COURT SYSTEM IS ESSENTIAL FOR BUSINESS AND COMMERCE, AND DIRECTLY AFFECTS
THE ECONOMIC HEALTH OF OUR COMMUNITIES.
OUR COURTS HELP PROTECT FAMILIES, CHILDREN, THE ELDERLY, AND THE INFIRM.
ALMOST HALF A MILLION
CASES FILED IN OUR COURTS EACH YEAR INVOLVE FAMILY, CHILDREN, THE ELDERLY AND THE INFIRM.
FLORIDA IS A NATIONAL
LEADER IN FAMILY COURT MATTERS. FLORIDA’S UNIFIED FAMILY
COURTS PROVIDE FAMILIES AND CHILDREN WITH A COMPREHENSIVE APPROACH TO MATTERS BEFORE THE COURTS.
WE ARE NOT ONLY LOOKING AFTER OUR FAMILIES AND CHILDREN, BUT ALSO FLORIDA’S
ELDERS. FLORIDA CURRENTLY HAS ONE OF THE LARGEST PROPORTIONS
OF OLDER ADULTS IN THE UNITED STATES WITH OVER 18% OF THE POPULATION 65 OR OLDER.
THE NUMBER OF
GUARDIANSHIP ISSUES ALSO CONTINUE TO GROW.
CLEARLY, ADEQUATELY
FUNDED FAMILY AND PROBATE COURTS ARE ESSENTIAL IF OUR STATE IS TO BE SUCCESSFUL IN PROTECTING CHILDREN, STRENGTHENING
FAMILIES, AIDING THE ELDERLY AND ASSISTING OTHER VULNERABLE RESIDENTS.
OUR COURTS ARE ALLOCATED LESS THAN 1% OF THE TOTAL STATE
BUDGET.
IN
FACT, LAST YEAR THE STATE COURTS SYSTEM’S BUDGET WAS ONLY 0.58% OF THE TOTAL STATE BUDGET.
EVEN AFTER REVISION 7,
THE STATE COURTS
SYSTEM WILL LIKELY RECEIVE LESS THAN 2% OF THE
ENTIRE STATE BUDGET.
OUR
COURTS COMPARE FAVORABLY TO THE PRODUCTIVITY AND EFFICIENCY OF OTHER
STATES:
FLORIDA
JUDGES HANDLE 31% MORE FILINGS PER YEAR THAN THE NATIONAL AVERAGE FOR JUDGES;
FLORIDA
HAS ONLY 3.1 JUDGES PER 100,000 POPULATION WHILE THE NATIONAL AVERAGE IS 3.5 JUDGES.
OUR COURTS, STATE ATTORNEYS, AND PUBLIC DEFENDERS NEED
REASONABLE AND
ADEQUATE FUNDING TO ENSURE THAT JUSTICE CONTINUES TO BE CARRIED OUT IN A FAIR, TIMELY AND
IMPARTIAL MANNER.
EFFECTIVE
ADMINISTRATION REQUIRES:
SAFE, FUNCTIONAL
FACILITIES AND INFRASTRUCTURE
LOGISTICAL, TECHNOLOGICAL AND ADMINISTRATIVE SUPPORT, AND A WELL TRAINED WORKFORCE
SO, AS
YOU CAN SEE, OUR COURTS HAVE MANY RESPONSIBILITIES TO THE PEOPLE OF FLORIDA. FOR THIS REASON, WE NEED ADEQUATE AND CONTINUED
FUNDING TO SUPPORT
THE FOLLOWING CORE COURT FUNCTIONS:
Judges
and their assistants
Court
administration and staff
Case
management staff
Court
interpreters and court reporters
Masters
and hearing officers
Legal
staff
Expert
and witness expenses
Psychological
evaluations
FUNDING SHOULD ALSO PROVIDE FOR STATE ATTORNEYS, PUBLIC DEFENDERS, COURT APPOINTED COUNSEL
AND PROGRAMS
AND SERVICES THAT ARE NECESSARY AND INTEGRAL TO THE EFFECTIVE OPERATION OF THE LOCAL COURTS.
Think about what might happen in your community if the courts do not receive
adequate funding.
How would it affect your criminal court? Would local jails become overcrowded
resulting in the early release of inmates?
How would it affect your civil court? Would there be long delays in resolving
personal, business, and property disputes?
How would it affect your family and probate courts? Would it take longer to move an
abused child to a safe environment?
How would it affect your local economy? Would businesses be reluctant
to move to your area?
How would it affect public trust and confidence in our democracy? Would citizens
become more cynical about our system of justice?
IF YOU BELIEVE THAT THE COURTS MATTER IN YOUR COMMUNITY;
THAT A FAIR, EFFECTIVE
AND WELL-FUNCTIONING
COURT SYSTEM IS VITAL TO OUR DEMOCRACY; AND THAT THERE MUST BE JUSTICE FOR ALL
FLORIDIANS;
THEN WE NEED
YOUR HELP.
LEARN MORE
ABOUT WHAT THE COURTS DO IN YOUR COMMUNITY. TALK TO YOUR FAMILY MEMBERS, FRIENDS AND CO-WORKERS.
CALL, WRITE OR VISIT YOUR LOCAL
LEGISLATORS.
TELL THEM THAT YOU
BELIEVE ADEQUATE FUNDING FOR THE COURTS
SHOULD BE A TOP LEGISLATIVE PRIORITY.
WE HAVE A COURT SYSTEM IN FLORIDA THAT IS ADMIRED AND EMULATED THROUGHOUT THE NATION. ONE THAT
EFFECTIVELY SERVES ITS PEOPLE ON ABOUT A
HALF OF A PENNY OF EVERY TAX DOLLAR
PAID.
BY WORKING TOGETHER WE CAN HELP TO ENSURE THAT OUR COURTS ARE ADEQUATELY FUNDED AND THAT WE CONTINUE TO PROVIDE JUSTICE FOR ALL FLORIDIANS.
(USE THIS
OPPORTUNITY TO DISCUSS LOCAL ISSUES AND
CONCERNS AND TO ADDRESS QUESTIONS FROM THE
AUDIENCE).
Notes:
(PROVIDE
APPROPRIATE LOCAL CONTACT INFORMATION)
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