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Home My WebLink About2015-028FIRST AMENDMENT TO INTERLOCAL AGREEMENT COURT FUNDING THIS IS A FIRST AMENDMENT TO AN INTERLOCAL AGREEMENT by and between CHIEF JUDGE FOR THE 19TH JUDICIAL CIRCUIT OF THE STATE OF FLORIDA ("Chief Judge"), CLERK OF THE CIRCUIT COURT FOR ST. LUCIE COUNTY, FLORIDA ("Clerk"), and INDIAN RIVER COUNTY, MARTIN COUNTY, OKEECHOBEE COUNTY, and ST. LUCIE COUNTY, political subdivisions of the State of Florida that collectively constitute the 19th Judicial Circuit (the "Counties"), for the purposes of providing required services to the Chief Judge. WHEREAS, Section 29.008, Florida Statutes (2012), provides that the counties within a judicial circuit must provide county funding for court related functions; and WHEREAS, the parties previously approved an Interlocal Agreement pertaining to Court funding; and WHEREAS, the Chief Judge, the Clerk and the Counties desire to amend the Interlocal Agreement as set forth herein; and WHEREAS, nothing in the Interlocal Agreement or this First Amendment shall be considered a waiver of the authority .of the Chief Judge to identify local requirements as provided in Section 29.008, Florida Statutes; and WHEREAS, nothing in the Interlocal Agreement or this First Amendment shall restrict the constitutional, statutory, or inherent authority of the Chief Judge to ensure the administration of justice within the Circuit. In consideration of the mutual advantages accruing to the parties, the Chief Judge, Clerk and the Counties agree as follows: 1. Section 1A. "PROCEDURE TO REVIEW AND APPROVE THE COURT ADMINISTRATION BUDGET" is amended to read as follows: A. The Chief Judge agrees to present a totalunified budget for each fiscal year (October 1 -September 30) by April 1 of each year beginning April 1, 2009, to each County respectively. The unified budget shall separately identify budget requests that are mandated by Section 29.008(1), Florida Statutes, from budget requests to meet local requirements. The unified budget shall also include a charge for general and administration expenses to reimburse St. Lucie County for the cost of administering the Court Administration budget and related funds. The generaland administrative expenses will be calculated using St. Lucie County's cost allocation plan. Backup documentation for the calculation will be included with the Court Administration budget submittal. S:\ATTY\AGREEMNT\INTERLOC\COURT FUNDING 1A (2-3-15) 3120150020654 RECORDED !N THE PUBLIC RECORDS OF JEFFREY R SMITH, CLERK OF COURT INDIAN RIVER COUNTY FL BK: 2836 PG: 1681 image 1 of 4/7/2015 1:28 PM FIRST AMENDMENT TO INTERLOCAL AGREEMENT COURT FUNDING .4 o ArS 020 le* -9038 Cil • 10.151..0 THIS ISA FIRST AMENDMENT TO AN INTERLOCAL AGREEMENT by and between CHIEF JUDGE FOR THE 19TH JUDICIAL CIRCUIT OF THE STATE OF FLORIDA ("Chief Judge"), CLERK OF THE CIRCUIT COURT FOR ST. LUCIE COUNTY, FLORIDA ("Clerk"), and INDIAN RIVER COUNTY, MARTIN COUNTY, OKEECHOBEE COUNTY, and ST. LUCIE COUNTY, political subdivisions of the State of Florida that collectively constitute the 19th Judicial Circuit (the "Counties"), for the purposes of providing required services to the Chief Judge. WHEREAS, Section 29.008, Florida Statutes (2012), provides that the counties within a judicial circuit must provide county funding for court related functions; and WHEREAS, the parties previously approved an Interlocal Agreement pertaining to Court funding; and WHEREAS, the Chief Judge, the Clerk and the Counties desire to amend the Interlocal Agreement as set forth herein; and WHEREAS, nothing in the Interlocal Agreement or this First Amendment shall be considered a waiver of the authority of the Chief Judge to identify local requirements as provided in Section 29.008, Florida Statutes; and WHEREAS, nothing in the Interlocal Agreement or this First Amendment shall restrict the constitutional, statutory, or inherent. authority of the Chief Judge to ensure the administration of justice within the Circuit. In consideration of the mutual advantages accruing to the parties, the Chief • Judge, Clerk and the Counties agree as follows: 1. Section 1A. "PROCEDURE TO REVIEW AND APPROVE THE COURT ADMINISTRATION BUDGET" is amended to read as follows: A. The Chief Judge agrees to present a total unified budget for each, fiscal year (October 1 -September 30) by April 1 of each year beginning April 1, 2009, to each County respectively. The unified budget shall separately identify budget requests that are mandated by Section 29.008(1), Florida Statutes, from • budget requests to meet local requirements. The unified budget shall also include a charge for general and administration expenses to reimburse St. Lucie County for the cost of administering the Court Administration budget and related funds. The general and administrative expenses will be calculated using St. Lucie County's cost allocation plan. Backup documentation for the calculation will be included with the Court Administration budget submittal. 1 S:\ATTT\AGREEMNT\INTERLOC\COURT FUNDING lA (2-3-15) JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT S`AWTIJC I �C_O(IlNiisYi . FILE # 4055597 04/06/2015 at 09:20 AM OR BOOK 3731 PAGE 2853 - 2859 Doc Type: AGR RECORDING: $61.00 Page 1 of 1 3120150020654 RECORDED IN THE RECORDS OF JEFFREY R. SMITH, CLERK OF CIRCUIT COURTsl MNI11LVERW flFL BK: 2836 PG: 1681, 4/7/2015 1:28 PM FIRST AMENDMENT TO INTERLOCAL AGREEMENT COURT FUNDING THIS IS A FIRST AMENDMENT TO AN INTERLOCAL AGREEMENT by and between CHIEF JUDGE FOR THE 19" JUDICIAL CIRCUIT OF THE STATE OF FLORIDA ("Chief Judge"), CLERK OF THE CIRCUIT COURT FOR ST. LUCIE COUNTY, FLORIDA ("Clerk"), and INDIAN RIVER COUNTY, MARTIN COUNTY, OKEECHOBEE COUNTY, and ST. LUCIE COUNTY, political subdivisions of the State of Florida that collectively constitute the 191" Judicial Circuit (the "Counties"), for the purposes of providing required services to the Chief Judge. WHEREAS, Section 29.008, Florida Statutes (2012), provides that the counties within a judicial circuit must provide county funding for court related functions; and WHEREAS, the parties previously approved an Interlocal Agreement pertaining to Court funding; and WHEREAS, the Chief Judge, the Clerk and the Counties desire to amend the Interlocal Agreement as set forth herein; and WHEREAS, nothing in the Interlocal Agreement or this First Amendment shall be considered a waiver of the authority .of the Chief Judge to identify local requirements as provided in Section 29.008, Florida Statutes; and WHEREAS, nothing in the Interlocal Agreement or this First Amendment shall restrict the constitutional, statutory, or inherent authority of the Chief Judge to ensure the administration of justice within the Circuit. In consideration of the mutual advantages accruing to the parties, the Chief Judge, Clerk and the Counties agree as follows: 1. Section 1A. "PROCEDURE TO REVIEW AND APPROVE THE COURT ADMINISTRATION BUDGET" is amended to read as follows: A. The Chief Judge agrees to present a total unified budget for each fiscal year (October 1 -September 30) by April 1 of each year beginning April 1, 2009, to each County respectively. The unified budget shall separately identify budget requests that are mandated by Section 29.008(1), Florida Statutes, from budget requests to meet local requirements. The unified budget shall also include a charge for general and administration expenses to reimburse St. Lucie County for the cost of administering the Court Administration budget and related funds. The general and administrative expenses will be calculated using St. Lucie County's cost allocation plan. Backup documentation for the calculation will be included with the Court Administration budget submittal. 1 S:\ATTY\AGREEMNT\INTERIOC\COURT FUNDING 1A (2.3.15) http://ori. indian-river.org//LandmarkPublic Web//Document/GetDocumentForPrintPNG/?re... 4/8/2015 1111111 1111111111 11111 11111 11111111 INSTR 2508942 OR BK 2777 PG 303 (% P9s) RECORDED 04/13/2015 03:44:19 FM CFIRST AMENDMENT illAF7ANKQU_NTZ' CLERK, TO INTERLOCAL AGREEMENT COURT FUNDING THIS IS A FIRST AMENDMENT TO AN INTERLOCAL AGREEMENT by and between CHIEF JUDGE FOR THE 19TH JUDICIAL CIRCUIT OF THE STATE OF FLORIDA ("Chief Judge"), CLERK OF THE CIRCUIT COURT FOR ST. LUCIE COUNTY, FLORIDA ("Clerk"), and INDIAN RIVER COUNTY, MARTIN COUNTY, OKEECHOBEE COUNTY, and ST. LUCIE COUNTY, political subdivisions of the State of Florida that collectively constitute the 19th Judicial Circuit (the "Counties"), for the purposes of providing required services to the Chief Judge. WHEREAS, Section 29.008, Florida Statutes (2012), provides that the counties within a judicial circuit must provide county funding for court related functions; and WHEREAS, the parties previously approved an Interlocal Agreement pertaining to Court funding; and WHEREAS, the Chief Judge, the Clerk and the Counties desire to amend the Interlocal Agreement as set forth herein; and WHEREAS, nothing in the Interlocal Agreerrient or this First Amendment shall be considered a waiver of the authority of the Chief Judge to identify local requirements as provided in Section 29.008, Florida Statutes; and WHEREAS, nothing in the Interlocal Agreement or this First Amendment shall restrict the constitutional, statutory, or inherent authority of the Chief Judge to ensure the administration of justice within the Circuit. In consideration of the mutual advantages accruing to the parties, the Chief Judge, Clerk and the Counties agree as follows: 1. Section 1A. "PROCEDURE TO REVIEW AND APPROVE THE COURT ADMINISTRATION BUDGET" is amended to read as follows: A. The Chief Judge agrees to present a total unified budget for each fiscal year (October 1 -September 30) by April 1 of each year beginning April 1, 2009, to each County respectively. The unified budget shall separately identify budget requests that are mandated by Section 29.008(1), Florida Statutes, from budget requests to meet local requirements. The unified budget shall also include a charge for general and administration expenses to reimburse St. Lucie County for the cost of administering the Court Administration budget and related funds. The general and administrative expenses will be calculated using St. Lucie County's cost allocation Man. Backup documentation for the calculation will be included with the Court Administration budget submittal. 1 S:\ATTY\At3REEMNT\INTERLOC\COURT FUNDING lA (2-3.15) Book2777/Page303 CFN#2508942 Page 1 of 7 1111111 MU 11111 1111111111 11111111 FILE 4 2015003270 OR BK 758 FG 1007 DATE n /n /2015 03:41:33 FM SHARON ROBERTSON CLERK OF CIRCUIT COURT Q_Y^EE( OBE lUNT,f n' FLORIDA RECORDING FEES $0.00 RECORDED BY G Mewbourn F95 iuui - ',Jib (7 P9 5) FIRST AMENDMENT , TO INTERLOCAL AGREEMENT COURT FUNDING THIS IS A FIRST AMENDMENT TO AN INTERLOCAL AGREEMENT by and between CHIEF JUDGE FOR THE 19" JUDICIAL CIRCUIT OF THE STATE OF FLORIDA ("Chief Judge"), CLERK OF THE CIRCUIT COURT FOR ST. LUCIE COUNTY, FLORIDA ("Clerk"), and INDIAN RIVER COUNTY, MARTIN COUNTY, OKEECHOBEE COUNTY, and ST. LUCIE COUNTY, political subdivisions of the State of Horida that collectively constitute the 19th Judicial Circuit (the "Counties"), for the purposes of providing required services to the Chief Judge. WHEREAS, Section 29.008, Florida Statutes (2012), provides that the counties within a judicial circuit must provide county funding for court related functions; and WHEREAS, the parties previously approved an Interlocal Agreement pertaining to Court fundin d WHEREAS, the Cf of - • 9 e, the Clerk and the Counties desire to amend the Interlocal Agreement as s- • Herein; and WHEREAS, nothing rlocal Agreement or this First Amendment shall be considered a waiver of e•' ority of the. Chief Judge to identify local requirements as provided ir►.Se on)9 008, Florida Statutes; and WHEREAS, nothing in the Inter -Agreement or this First Amendment shall restrict the constitutional, sta erent authority of the Chief Judge to ensure the administration of justtee--wt in t e Circuit. In consideration of the mutual advantages accruing to the parties, the Chief Judge, Clerk and the Counties agree as follows: 1. Section 1A. "PROCEDURE TO REVIEW AND APPROVE THE COURT ADMINISTRATION BUDGET" is amended to read as follows: A. The Chief Judge agrees to present a totalunified budget for each fiscal year (October 1 -September 30) by April 1 of each year beginning April 1, 2009, to each County respectively. The unified budget shall separately identify budget requests that are mandated by Section 29.008(1). Florida Statutes. from budget requests to meet local requirements. Thg unified budget shall also include a charge for general and administration expenses to reimburse St. Lucie County for the cost of administering the Court Administration budget and related funds. The general and administrative expenses will be calculated using St. Lucie County's cost allocation plan. Backup documentation for the calculation will be included with the Court Administration budget submittal. 1 S:\ATTY\AGREEMNT\INTERLOC\COURT FUNDING lA (2-3-15) Book758/Page1007 CFN#2015003270 Page 1 of 7 Upon receipt of the budget, the budget shall be referred to a Court Administration Budget Committee, which shall be composed of one (1) representative and an alternate from each of the four (4) counties as appointed by each Board of County Commissioners, respectively. The members of the Committee shall review the proposed budget and may schedule meetings with the Chief Judge to discuss the proposed budget. All meetings of the Committee are subject to the provisions of Section 286.011, Florida Statutes. The Committee may make recommendations to the four (4) Boards of County Commissioners as to whether to adopt, not adopt, or amend the proposed budget. The Committee shall complete its deliberations by June 1" of each year. 2. Section 1B "PROCEDURE TO REVIEW AND APPROVE THE COURT ADMINISTRATION" is amended to read as follows: B. The proposed budget shall then be presented to each of the four (4) Boards of County Commissioners for consideration during the Boards' normal budgetary process. The proposed budget shall be subject to the approval of each of the four (4) Boards of County of County Commissioners. The Counties agree that the proposed budget may not be increased without the consent of all four (4) counties. The Counties agree to comply with the requirements of Section 29.008, Fla. Stat. (as may thereafter be amended) concerning the proposed budget. - - • - : _- - ; - ommissioncrs cannot reduce the budget below thc required increase pursuant to Section 29.008, Florida Statutes; however, if the requested budget increase is higher than thc amount rc•uircd b Florida Statutes, it is at thc discretion of each Board to determine whether to fund any or all of the incr asc over thc statutory amount. pursuant to Section 2 • e e :, - . - - - - - - • - - - - h'ghcr than the recording fees revenue thc four ('i) counties Board have to agree to fund thc shortfall from other funding sources as mandated by Section 29.008. If any of the four (4) Boards of County Commissioners amends the proposed total budget, in accordance with Section 29.008, that Board should adopt the amended total budget and notify the Chief Judge and Court Administrator, and other counties of the action taken on the budget within ten (10) days. The amended total budget, if reduced by one (1) or more of the counties, shall be deemed to be the approved budget by all four (4) counties. The Counties acknowledge that the effect of this section will be that any of the four (4) Boards of County Commissioners may reduce the total budget related to local requirements or non -mandated expenditures without the consent of the other counties and that the lowest approved total budget shall be deemed to be the total budget approved by the Counties. Budgets approved by each County should reflect the amount they are 2 S:\ATY\AGREEMN1'\INTERLOC\COURT FUNDING lA (2:3-15) willing to fund regardless of revenues received. Each County shall notify the St. Lucie County Management and Budget Department of its final adopted budget for the fiscal year no later than October 1 of each fiscal year, commencing October 1, 2009. .. 3. Except - as amended herein, the remaining terms and conditions. of the Interlocal Agreement shall remain in full force and effect. 4. Prior to its effectiveness, the First Amendment shall be filed with the Clerks of the Circuit Court for Indian River, Martin, Okeechobee and St. Lucie Counties. IN WITNESS WHEREOF; the parties have executed this First Amendment by their duly authorized officials on the dates stated below. CHIEF JUDGE NINETEENTH JUDICIAL CIRCUIT WITNESSE: 01-(A/P94,- BY: (SEAL) Date: • 31101, 3 S:\ATTY\AGREEMNT\INTERLOC\COURT FUNDING 1A (2-3-15) ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller By: (SEAL) Deputy Clerk 4. 5:\ATTY\AGREEMNT\INTERLOC\COURT FUNDING 1A (1-27-15) INDIAN RIVER COUNTY, FLORIDA Wesley S. Davis, hairman Board of County Commissioners BCC approved: February 17, 2015 APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: Dylan Reingold County Attorney 1 N, CLERK OURT AND 5:\ATTY\AGREEMNT\INTERLOC\COURT FUNDING 1A (2-3-15) BOARD OF COUNTY COMMISSIONERS MARTIN COUNTY, FLORIDA ED FIELDING, CHA APPROVED AS TO FORM AND LEGAL SUFFICIENCY: 1/457ex-c c-4 MICHAEL D. DURHAM COUNTY ATTORNEY 5 SHAROf 0ERTSON, CLERK (SEAL) 6 S:\ATN\AGREEMNT\INTERLOC\COURT FUNDING 1A (2-3-15) OKEECHOBEE COUNTY, FLORIDA BY: hair, Board f Codty Commissioners Date: c94 40f6— APPROVED AS TO FORM AND CORR TNESS: County Attorney ATTES : ST. LUCIE((IE�COUNTY,, FLORIDA BY: f'"� �f ,) Li"U�� (i&V (SEAL) 7 S:\Am\AGREEMNT\INTERLOC\COURT FUNDING 1A (2-3-15) Date: Chair, Board of County Commissioners 77/5 APPROVED AS TO FO ' u AND CORRECT BY: County Atto CLERK OF THE CIRCUIT COURT ST. LUCIE CUNTY, FLORIDA BY: