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Circuit Court Clerks Win Battle In War To Retain Power

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By CATHERINE DOLINSKI

cdolinski@tampatrib.com

Published: March 19, 2009

TALLAHASSEE - Florida's circuit court clerks have won a compromise in the state Senate, killing part of a bill that would have taken away their power to collect fees and perform other duties.

But the House might not agree to go along - and even if it does, clerks say, the Senate's compromise doesn't go far enough.

"It's totally unworkable," John Grant, lobbyist for the state association of court clerks, said Wednesday. "The duties remain with the clerk, but the money goes to the state."

Circuit court clerks, who are elected officials, perform an array of duties that include collecting and distributing almost $1 billion in fines, fees and court costs. More than half of that funded the clerks' own budgets in 2008-09, according to the state court system.

Rep. Ellyn Bogdanoff and Sen. Ken Pruitt proposed this spring to gradually transfer those court-related responsibilities to chief judges and courts administrators of Florida's judicial circuits. Doing so, said Bogdanoff, would save money and introduce needed accountability into a system that has allowed clerks to grow too powerful.

Clerks have protested, countering that they are following the law, that the plan might cost jobs and that it could give the court system too much power.

Pruitt, R-Port St. Lucie, produced a new version of the bill on Wednesday that leaves the clerks' duties intact but turns the money they collect over to the state, giving the Legislature authority to set their budgets.

"If you believe that ... every dollar should be scrubbed and scrutinized by this Legislature, that it's our legislative prerogative, then you'll support this bill," Pruitt, told the Senate Judiciary Committee.

Reporter Catherine Dolinski can be reached at (850) 222-8382.

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