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Agenda 03/09/2010 Item #10F Agenda Item No. 10F March 9. 2010 Page 1 of 5 - EXECUTIVE SUMMARY Recommendation to adopt a position on proposed Senate Bill 1454 which provides that interest on county funds invested by the Clerk of Court is income of the Office of the Clerk. OBJECTIVE: For the Collier County Board of County Commissioners (BCC) to determine their position on proposed SB 1454, State Judicial System, which has been filed in the 2010 Legislative Session that started March 2, 2010, and reverses the decision of the interest legislation passed in SB 1718 during the 2009 Legislative Session. CONSIDERATION: The BCC approved their slatc of Collier County 2010 State Legislative Priorities on October 13, 2009 and participatcd in a joint workshop with thc Collier County Legislative Delegation on Octobcr 14, 2009, and officially presented the final list at the Collier County Legislative Delegation Hearing at Naples City Hall on November 24, 2009. Because Senator J.D. Alcxander filed SB 1454 on January 27, 2010, the Board was not able to consider it during its previous discussion on legislative priorities. - During the conference process held as part ofthe 2009 legislative session, substantive interest income language was included in a conforming bill (SB 1718) tied to budgetary language. Those provisions held that all interest accruing from moneys deposited shall be deemed income of the county and may be expended as receipts of the county as approved by the board of county commissioners. FISCAL IMPACT: FY 2010 budgeted interest income across all County funds totals $14 million. Interest income budgeted in the general fund totals $1.3 million. LEGAL CONSIDERATIONS: This item is legally sufficient for Board action. GROWTH MANAGEMENT IMP ACT: There is no growth management impact associated with iliis executive summary. RECOMMENDATION: To adopt a position on Senate Bill 1454. . Prepared by Debbie Wight, Assistant to the County Manager -- ~---~~^~"-,._~""'" " .""'......" ...;,.",.._~.=",_.""., ,'.. ,'"'n."_,, """,' " ' .......0..... ............... Agenda Item No.1 OF March 9, 2010 Page 2 of 5 - COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 10F Recommendation to adopt a position on proposed Senate Bill 1454 which provides that interest on county funds invested by the Clerk of Court is income of the Office of the Clerk. (Debbie Wight, Assistant to the County Manager) 3/9/20109:00:00 AM Meeting Date: Prepared By Deborah L Wight Board of County Commissioners Assistant to the County Manager Date County Manager's Office 3/3/20105:03:01 PM Approved By Leo E. Ochs, Jr. County Manager Date County Managers Office County Managers Office 3/3/20105:34 PM . - __,_~1_.1'''.\'' __._.J_"T'__...\T:-.__.......\1~n ll..r____L n """1"\1" rV....\.TnT'T"'\Tll..r"1lo.T" "T:T'\ T'\T'T\AT'lo"T'\1nT"'\1^ """"'"In1n .,-" LobbyTools ~~~ Research Home Bills / PCBs Statutes Calendars Legislators - Senate - House Committees Senate - House - Joint Leadership - Senate - House Delegations Reports Your Bill Reports Bill Comparison House Actions Senate Actions Amendments Fiied Texts Filed Enrolled Bills Mailing Labels Session Live I Your Folders r:-~iAdminjstrative ervices W Budget f'7i';J Communication ~:l Community Development WlI Economic Development ~4 Elections W Emergency Services r-J Eminent Domain (is Franchise/Utilities gg Growth Management e"-J Impact Fees F""] Property Appraiser The Current Agenda ~fl#W ~00~ 6F March 9, 2010 Page 3 of 5 Collier County Government Debbie Wight (log out) Analyst Help & Training My Account a Print Format!J Favorites r m User Manua Tagged to: OMB ,YF [1fii1 Add To Folder] [G! Report A Problem] Contacts News Tracking ,l!il Email To Friend I 5B 1454 . Relating to State Judicial System - 2010 "I Sponsor(s) by Alexander Summary General State Judicial System [WPSC]: Provides that interest on county funds Invested by the clerk of the court is income of the office of the clerk. EFFECTIVE DATE: 07/01/2010. Committees of Reference )) IS] Communi\)',Affairs IS! Judiciary IS! EiO,ance and Tax IS! Policy and Steerin9 Committee on Ways and Means Actions Date Chamber Action 01/27/10 SENATE Filed ,.........,.".,_.._....... _ " ,_, "......"'",_""......".___....._,..__ __ ""_,,_.m.m.. ..__ _ .. _......d,'.._..,."...,_.. .u_...__"._ .____<__.__"...,,_..,..,....,_ 02/03/1 0 SENATE Referred to Community Affairs; Judiciary; Finance and Tax; Policy & Steering Committee on Ways and Means Bill Text and Filed Amendments 00 5 1454 _m__..'-_'"" No amendments to this bill text. [IEXTJrml'QE] Filed on 01/27/10 , ..--- LF ::: Late Filed, AA :::= Amendment to Amendment, SA::: Substitute Amendment, ASA ::: Amendment to Substitute Amendment, SAA ::: Substitute to Amendment to Amendment, DE ::: Strike All or Delete Everything Amendment Staff Analysis No analysis of this bilL Vote History No vote history for this bill. Related Documents No related documents. Statute Citations 28.33 Bill Comments [Hide Comments] http://lobbytools.com/tools/t.cfrn?a=bills&b=summary&sessionid=27 &billnum= 1454 3/3/2010 ,'-" 1 2 3 4 5 6 7 8 9 10 11 12 -..- 13 14 15 16 17 18 19 20 21 , 22 23 24 25 26 27 28 29 .- Florida Senate - 2010 Agenda Item No. 10F March 9. 2010 SB lme40f5 By Senator Alexander 17-00411A-10 20101454 A bill to be entitled An act relating to the state judicial system; amending s. 28.33, F.S.; providing that interest on county funds invested by the clerk of the court is income of the office of the clerk; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. Section 28.33, Florida Statutes, 1S amended to read: 28.33 Investment of county funds by the clerk of the circuit court.-The clerk of the circuit court in each county shall invest county funds in excess of those required to meet expenses as provided in s. 218.415. No clerk investing such funds shall be liable for the loss of any interest when circumstances require the withdrawal of funds placed in a time deposit and needed for immediate payment of county obligations. Except for interest earned on moneys deposited in the registry of the court, all interest accruing from moneys deposited shall be deemed income of the office of the clerk of the circuit court investing such moneys and shall be deposited in the same account as are other fees and commissions of the clerk's office count~ .:1nd may be cJ<pcnde€l .:18 receil"to o~hc oounty .:10 .:1!,provcd-by tfl.e bO.:1rd of county oommi8oioncro purou.:1nt to cfittptcr 129. The clerk may invest moneys deposited in the registry of the court and shall retain as income of the office of the clerk and as a reasonable investment management fee 10 percent of the interest accruing on those funds with the balance of such interest being allocated in accordance with the interest of the depositors. Page 1 of 2 CODING: Words otricken are deletions; words underlined are additions. --- ---.....__._,."'-~,_. , ~,.>..,,- .. ... -,-_.._.~--_..._--_...--. 30 Florida Senate - 2010 Agenda Item NO.1 OF March 9, 2010 SB lt~e50f5 17-00411A-10 20101454 Section 2. This act shall take effect July 1, 2010. Page 2 of 2 CODING: Words frtriclccn are deletions; words underlined are additions.