Monday, February 25, 2019 - Florida Courts...Monday, February 25, 2019 . 3:00 p.m. – 4:30 p.m. Video Conference Meeting . AGENDA . I. Welcome and Opening Remarks A. Roll Call B

Monday, February 25, 2019 3:00 p.m. – 4:30 p.m.

Video Conference Meeting

AGENDA

I. Welcome and Opening Remarks A. Roll Call B. Approval of August 14, 2018 Meeting Minutes

II. UpdatesA. Welcome New Members – Judges Emas, Evander, Fernandez and Orfinger B. Welcome Back Interim State Courts Administrator Lisa Goodner KielC. FY 2018-19 Budget & Pay MemoD. December 2018 Rate DistributionsE. January 2019 Supplemental Rate DistributionsF. 1st DCA Amended Rate DistributionsG. 3d DCA Transfer of Salary to Senior Judge CategoryH. 3d DCA Temporary Utilization of Unfunded PositionsI. 5th DCA Transfer of Salary to Senior Judge Category

III. FY 2019-20 Legislative UpdatesA. 2d DCA New CourthouseB. 5th DCA Hurricane WindowsC. Unfunded Deputy Marshal PositionsD. Statewide Pay IssueE. Reimbursement for Judges Residing More than 50 Miles from Headquarters

IV. FY 2018-19 Budget StatusA. Salary BudgetB. Positions Vacant Over 180 DaysC. Operating BudgetsD. Trust Fund Cash Statement Overview

V. Next Meeting – Monday, May 13, 2019 (post-legislative session recap; new membertraining; FY 2020-21 Legislative Budget Request)

VI. Future Meeting – Tuesday, September 3, 2019 (at DCA Conference)

VII. Adjournment

I. Welcome and Opening Remarks

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District Court of Appeal Budget Commission Video Conference Call

Meeting Minutes August 14, 2018

Members Present Judge Jonathan Gerber, Chair Judge Clayton Roberts, Vice Chair Judge Bradford Thomas Judge Edward LaRose Judge Stevan Northcutt Judge Leslie Rothenberg

Judge Jay Cohen Marshal Kevin Taylor Marshal Jo Haynes Marshal Veronica Antonoff Marshal Daniel DiGiacomo Marshal Charles Crawford

Judge Spencer Levine Others Present Judge Stephanie Ray, Kristina Samuels, Justice Polston, Eric Maclure, Dorothy Willard and other OSCA staff Special Note: It is recommended that these minutes be used in conjunction with the meeting materials. Agenda Item I.: Welcome and Opening Remarks Judge Jonathan Gerber welcomed members and called the District Court of Appeal Budget Commission (DCABC) meeting to order at 3:30 p.m. Judge Gerber then noted Section IV., Section A., first sentence of the June 18, 2018, meeting minutes should be edited to state Judge Roberts, and then asked if there were any other revisions to the meeting minutes. Donna Brewer noted Section V., Section A., second sentence should be edited to state Judge Thomas, and Judge Thomas requested Kristina Samuels, Clerk of the 1st DCA, be reflected as in attendance. Judge Gerber then asked the commission if there were any objections to the revisions offered to the June 18, 2018, meeting minutes. Hearing none, Judge Gerber moved the minutes as approved.

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District Court of Appeal Budget Commission August 14, 2018 Page 2 of 6

Agenda Item II.: Updates A. 1st DCA Chief Deputy Clerk Promotional Increase Exception Request

Judge Gerber reported this request has been approved by the Supreme Court and implemented. B. 1st DCA Deputy Clerk III Reclassification Exception Request

Judge Gerber reported this request has been approved by the Supreme Court and implemented.

C. Judicial Suite Staffing Complement Request Judge Gerber reported this request was not approved by the Supreme Court and referenced the letter communicating the decision in the meeting packet.

Agenda Item III.: FY 2019-20 Legislative Budget Request (LBR) Updates Judge Gerber provided an overview of the LBR process and referenced the timeline. He then stated the LBR issues should be listed in priority order prior to submission to the Supreme Court. A. 2nd DCA New Courthouse

Judge Gerber reported narrative has been added to reflect the cost estimates provided in the 2016 Department of Management Services needs study have been adjusted for inflation through 2019.

B. 5th DCA Hurricane Windows Judge Gerber reported this issue remains the same as presented at the June 18, 2018, DCABC meeting and Judge Cohen concurred.

C. Unfunded Deputy Marshal Positions Judge Gerber reported at the June 18, 2018, DCABC meeting, the LBR requested 9.5 FTE. After the return of 1.0 FTE from the 1st DCA during the meeting, the commission voted to revise the LBR request to 10.0 FTE, with the revised amount to be provided by OSCA staff. Judge Gerber reported the revised LBR cost as $676,067. Judge Gerber asked if there were any questions or objections to the revisions presented in Agenda Items III.B. and III.C. Dorothy Willard recommended the second paragraph be removed from the narrative in Agenda Item III.C. There were no objections to Ms. Willard’s recommendation.

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D. Employee Pay Issue Judge Gerber noted an overview of the two phases of the Employee Pay Issue and offered his recommendation that this issue be considered in the LBR prioritization. There were no objections.

E. Certification of New Judgeships

Judge Gerber provided this issue is generally submitted as a supplemental LBR, but if there will be any new judgeships requested the issue needs to be prioritized at this time. Judge Gerber then inquired if there were any courts that would submit a request for new judges. There being no response, Judge Gerber requested this issue be removed from FY 19-20 consideration.

Judge Gerber then moved to prioritize the FY 2019-20 LBR issues in the same order as presented. There being no objections, Judge Gerber noted the priority order as unanimously approved.

Agenda Item IV.: Fiscal Year 2018-19 Budget Status

A. Salary Budget

Dorothy Willard presented the Adjusted Start-Up Salary Budget using June 2018 data, and reported the adjusted liability over salary appropriation is projected at $426,928. Ms. Willard reported that supplemental appropriations for retirement and health insurance should be received soon and projections will be finalized at that time. Ms. Willard then reported the July 2018 Salary Budget reflects lapse and liability adjustments of approximately $160,000 and should this trend continue, the payroll liability should be covered by September 2018.

B. Positions Vacant Over 180 Days Dorothy Willard presented the Positions Vacant over 180 Days as of July 31, 2018.

C. Operating Budgets Dorothy Willard presented the FY 2017-18 Operating Budgets as of July 31, 2018.

D. Trust Fund Cash Statement Overview

Dorothy Willard presented the Administrative Trust Fund (ATF) Cash Analysis and reported the cash balance as of July 31, 2018, was $328,487.

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Agenda Item V.: Salary Committee Recommendations Judge Gerber thanked Judge Northcutt, Judge Roberts, and the five marshals of the DCA’s for all their hard work regarding the Salary Budget Committee (SBC) recommendations to be presented, with special thanks to Judge Northcutt and Marshal Haynes. Judge Gerber then requested Judge Northcutt present the issues. A. Improving Salary Projections Proposal

Judge Northcutt provided an overview of the DCABC charge(s) as mandated in Florida Rules of Judicial Administration 2.235, and then presented the guiding principles the DCABC has adopted to best execute these mandates. Judge Northcutt noted these principles were followed by the SBC while creating the proposal(s) to be presented to the commission today. Judge Northcutt then provided an overview of the SBC recommendations to improve the way salary costs are projected and to maximize salary dollars each year. In addition, should salary conditions permit, the SBC recommendations would provide each court with a portion of available rate for chief judge flexibility of rate distributions within individual courts. Judge Northcutt added that the SBC would monitor and analyze liability and savings data, and would report to the DCABC should there be a need to implement rate and vacancy restrictions to cover payroll costs through the end of a fiscal year. Judge Northcutt assured the commission that timely decisions would be made to utilize the budget properly and to avoid end-of-year scrambling to utilize rate, and that activity would be reported by the SBC to the DCABC quarterly. Judge Northcutt then reported the SBC recommendations for this issue have been incorporated into the draft Budget and Pay Memorandum, to be presented in Agenda Item V.B. Justice Polston complimented Judge Northcutt for his comprehensive work and presentation of the issue but expressed concerns about funds being spent for positions that should be funded through Agenda Item III.D. Justice Polston also commended the SBC’s proposal for oversight of activity to ensure there was equity among the district courts of appeal; however, he feels the Supreme Court should be included in the assurance of equity and knows of no better way to capture that assurance than through the Budget and Pay Memorandum. Judge Northcutt expressed the willingness of the SBC to be considerate of the Supreme Court and provide diplomacy regarding position pay and equity. Justice Polston requested Beatriz Caballero review the SBC recommendations via the Personnel Regulations to ensure there are no conflicts. Judge Gerber reported the SBC recommendations for this issue have been incorporated into the next agenda item addressing the draft Budget and Pay Memorandum.

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B. FY 2018-19 Budget and Pay Administration Memorandum Recommendations Judge Northcutt stated the SBC recommendations are based on the draft Budget and Pay Memorandum that was presented by OSCA staff at the June 18, 2018, DCABC meeting. Judge Northcutt provided that the changes recommended are a summation of Rules of Judicial Administration 2.235 and the authority provided to the DCABC, as reviewed in Agenda Item V.A. He also reported the changes are consistent with the previous Budget and Pay Memorandum except the Chief Justice’s approval for rate distribution has been removed.

Marshal Haynes noted that the in last paragraph on page 53, the word less will be changed to more.

Judge Gerber opened the floor for discussion. There being none, Judge Gerber motioned to recommend the draft Budget and Pay Memorandum be revised to include the SBC’s proposal as shown on pages 45 through 48 of the meeting materials, to include the SBC’s recommendations as shown on pages 52 through 54 of the meeting materials, and to retain previous recommendations by OSCA staff beginning on page 55 of the meeting materials,

There being no objections, Judge Gerber noted the recommend changes as unanimously approved.

C. Clerks’ Office Staffing Requests

1. 2nd DCA Request to Reclassify Deputy Clerk Is to Deputy Clerk IIsJudge Gerber reported the 2nd DCA recently reclassified 4.0 FTE from Deputy Clerk I toDeputy Clerk II, as the amount did not reach the threshold of requiring DCABC approval.

2. 4th DCA Request to Use Vacant Deputy Marshal FTE to Hire Deputy Clerk IIIJudge Gerber provided an overview of the 4th DCA’s request to utilize 1.0 vacant DeputyMarshal FTE to hire 1.0 Deputy Clerk III and asked if there were any questions. There beingnone, Judge Gerber noted this request as unanimously approved.

3. 5th DCA Request to Use Vacant Deputy Marshal FTE to Hire Deputy Clerk II Judge Gerber provided an overview of the 5th DCA’s request to utilize 1.0 vacant Deputy Marshal FTE to hire 1.0 Deputy Clerk II and asked Judge Cohen if there was additional information to report. Judge Cohen reported there was none. Judge Gerber asked if there were any objections. There being none, Judge Gerber noted this request as unanimously approved.

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Dorothy Willard provided a clarification to the commission regarding page 70 of the meeting packet. Consideration 2 states that approval of the above requests will not impact the FY 2019-20 unfunded Deputy Marshal Positions LBR. Ms. Willard explained that with the approval of Agenda Items V.C.2. and V.C.3., the 1.0 FTE returned by the 1st DCA needs to be retained as unfunded and not returned to the legislature, as was approved by the DCABC at the June 18, 2018, DCABC meeting. Judge Gerber thanked Ms. Willard for her oversight, and then moved to keep the 1.0 FTE, Administrative Assistant I as unfunded and do not return to the legislature. There being no objections, Judge Gerber noted the motion unanimously approved. Agenda Item VI.: 2nd DCA Funding Request for Special Risk Retirement for Marshal Judge LaRose provided an overview of this issue, and stated it is not an individual issue, but an issue that could potentially impact all appellate court’s ability to hire a Marshal. Judge Roberts stated the position of Marshal has not traditionally been a law enforcement position, but the statute has been amended to include training with law enforcement and the 1st DCA interprets that statute as law enforcement training of 780 hours. However, he understands the concern of special risk as they are the first line of defense and feels they should be included as special risk. Judge Levine inquired if approval was being requested and Judge LaRose indicated it is not. However, Judge LaRose requested input for an alternative solution, as DMS has denied the 2nd DCA’s request for Special Class membership. Judge Levine expressed concerns that approval of this request would open the door to other staff that have completed the 780 hours law enforcement training, and possibly additional unintended consequences. Judge LaRose asked if he could have Judge Atkinson informally reach out to DMS staff to discuss this issue. There were no objections and Judge Gerber approved, Agenda Item VII.: Adjournment Judge Gerber noted in the past the next DCABC meetings have been held primarily during the summer months; however, he would like future meetings to be held each quarter via video conference. Judge Gerber stated OSCA staff will poll for future meeting dates in the near future. With no other business before the commission, the meeting was adjourned at 4:51 p.m.

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II. Updates

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II.C. FY 2018-19 Budget & Pay Memo

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Agenda Item II.C.

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II.D. December 2018 Rate Distributions

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Agenda Item II.D.

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II.E. January 2019 Supplemental Rate Distributions

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Agenda Item II.E.

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III. FY 2019-20 Legislative Updates

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III.E. Reimbursement for Judges Residing More than 50 Miles from Headquarters

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District Courts of Appeal – Travel Reimbursements for District Court Judges

Residing More than 50 Miles from District Court Headquarters

The FY 2018-19 budget included three provisions recognizing and accommodating

the workplace and financial needs of Florida Supreme Court Justices residing more

than 50 miles away from the Supreme Court.

First, those Justices may have a District Court of Appeal Courthouse or a County

Courthouse in his or her judicial district of residence designated as his or her official

headquarters under s. 112.061, Florida Statutes, to serve as the Justice’s chambers.

Second, those Justices may be paid subsistence at a rate, to be established by the

Chief Justice, for each day or partial day that he or she is at the Supreme Court to

conduct court business.

Third, those Justices may be reimbursed for transportation expenses, as provided in

s. 112.061(7), Florida Statutes, for travel between the Justice’s official headquarters

and the Supreme Court to conduct court business.

The workplace and financial needs of District Court of Appeal Judges residing

more than 50 miles away from their District Court mirror those of Supreme

Court Justices residing more than 50 miles away from the Supreme Court.

A survey of the five District Courts reveals that 11 of the state’s 64 District Court

Judges reside more than 50 miles away from their District Court’s headquarters.

Attachment 1 shows the annual non-reimbursed travel-related costs for each of

these 11 District Court Judges.

As Attachment 1 shows, eight of these 11 District Court Judges drive approximately

104 days per year to and from their District Court, but do not stay overnight. Their

combined annual non-reimbursed mileage costs are $47,668.40. The other three

of these 11 District Court Judges live at such great distance from their District Court

that they maintain a second residence near their District Court’s headquarters. For

108 days per year, their combined non-reimbursed mileage costs are $15,475.32,

and their combined non-reimbursed per diem costs are $25,920.00.

Based on the foregoing, the District Courts of Appeal respectfully request that

the FY 2019-20 budget contain language, as shown in Attachment 2, mirroring

the FY 2018-19 budget language provided for Supreme Court Justices.

Total cost for current qualifying DCA judges $89,063.72 (recurring)

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ATTACHMENT 1 – Breakdown of DCA Judges Non-Reimbursed Travel Costs

Judges Who Drive But Do Not Stay Overnight (Judges 1 thru 7 are 5th DCA; Judge 8 is 4th DCA)

County

Residence

One way

mileage

Roundtrip

mileage

Cost per trip

(.445 cents

per mile)

Roundtrips

per year

Annual

Non-

Reimbursed

Mileage Cost

Judge 1 Brevard 87 174 $77.43 104 $8,052.72

Judge 2 Marion 80 160 $71.20 104 $5,090.80

Judge 3 St. Johns 62 124 $55.18 104 $5,738.72

Judge 4 Orange 55 110 $48.95 104 $7,404.80

Judge 5 Orange 55 110 $48.95 104 $5,090.80

Judge 6 Orange 55 110 $48.95 104 $5,090.80

Judge 7 Orange 55 110 $48.95 104 $5,090.80

Judge 8 St. Lucie 66 132 $58.74 104 $6,108.96

TOTAL $47,668.40

Judges Who Drive and Stay Overnight (Judges 1 and 2 are 1st DCA; Judge 3 is 3rd DCA)

County

Residence

One

way

mileage

Roundtrip

mileage

Cost per trip

(.445 cents

per mile)

Roundtrips

per year

Annual

Non-

Reimbursed

Mileage Cost

Days

Per

Year

Annual

Non-Reimbursed

Per Diem

($80 per day)

Judge 1 Duval 165 330 $146.85 36 $5,286.60 108 $8,640.00

Judge 2 Duval 165 330 $146.85 36 $5,286.60 108 $8,640.00

Judge 3 Monroe 153 306 $136.17 36 $4,902.12 108 $8,640.00

TOTAL $15,475.32 $25,920.00

$47,668.40 + $15,475.32 + $25,920.00 = $89,063.72

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ATTACHMENT 2 – Proposed FY 2019-20 Budget Language

Notwithstanding s. 112.061(4), Florida Statutes (addressing per diem and travel

expenses of public officers, employees, and authorized persons):

(1)(a) A District Court judge who permanently resides outside of the home county

for their assigned District Court and more than 50 miles away from said court may,

if he or she so requests, have a county courthouse in his or her district of residence

designated as his or her official headquarters for purposes of s. 112.061, Florida

Statutes. This official headquarters may serve only as the judge’s private chambers.

(b) A judge for whom an official headquarters is designated in his or her district

of residence under this subsection is eligible for subsistence at a rate to be established

by the Chief Justice of the Florida Supreme Court for each day or partial day that the

judge is at the headquarters of the assigned District Court to conduct court business.

In addition to the subsistence allowance, a judge is eligible for reimbursement for

transportation expenses as provided in s. 112.061(7), Florida Statutes, for travel

between the judge’s official headquarters and the headquarters of the assigned

District Court to conduct court business.

(c) Payment of subsistence and reimbursement for transportation expenses

relating to travel between an eligible judge’s official headquarters and the

headquarters of the assigned District Court shall be made to the extent appropriated

funds are available, as determined by the Chief Justice.

(2) The Chief Judge of each District Court shall coordinate with that District

Court’s eligible judge(s) and other state and local officials as necessary to implement

paragraph (1)(a).

(3)(a) This section does not require a county to provide space in a county courthouse

for an eligible judge. A county may enter into an agreement with an eligible judge’s

District Court governing the use of space in a county courthouse.

(b) An eligible judge’s District Court may not use state funds to lease space in a

county courthouse to allow an eligible judge to establish an official headquarters

pursuant to subsection (1).

(4) This section expires July 1, 2020.

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IV. FY 2018-19 Budget Status

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District Court of Appeal Budget CommissionFebruary 25, 2019

Video Conference Call

Agenda Item IV.A.: Salary Budget

1 44,550,168

2 71,174

3 8,593

4 7,221

5 2,091

6 Total Projected Payroll Liability through June 30, 2019 44,639,247

7 (44,299,089)

8 Projected Liability OVER/(UNDER) Salary Appropriation @ Full Employment 340,158

9 Actual Payroll Adjustments through July 31, 2018 (665,101)

10 (324,943)

11 41,734

12 (283,209)

FY 2018-19 District Courts of Appeal Salary Budget

Projected Law Clerk Below Minimum Pay Plan Liability through June 30, 2019

Projected Overtime Liability through June 30, 2019 (Based on two year average)

Estimated Salary Appropriation

Projected Full Employment Payroll Liability through June 30, 2019

Projected DROP Liability through June 30, 2019

FINAL - Adjusted Liability OVER/(UNDER) Salary Appropriation @ Full Employment

Estimated Remaining Leave Payouts (Based on three year average)

Adjusted Liability OVER/(UNDER) Salary Appropriation @ Full Employment

January 2019

Projected Law Clerk Incentives Pay Plan Liability through June 30, 2019

Prepared by the OSCA Office of Budget ServicesPage 24 of 31

Agenda Item IV.B. Positions Vacant Over 180 Days

DISTRICT COURT

COST CENTER

Cost Center NamePosition Number

Class Title FTE# of Days

Vacant

Date Position Vacant

Base Rate

1 111 Judicial Administration 003956 Judicial Assistant 1.00 216 07/18/18 35,868.36



3 112 Law Clerks 000085 Senior Law Clerk 1.00 199 08/04/18 53,585.76

* 000 Reserve 000079 Custodial Worker 0.50 0 00/00/00 10,841.04

* 000 Reserve 004395 Administrative Secretary I 1.00 0 00/00/00 27,819.84

* 000 Reserve 011924 Deputy Marshal-District Court 1.00 0 00/00/00 35,903.36










* Note: There is no funding associated with these positions.

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Agenda Item IV.C.: Operating Budgets

General Revenue Fund

Category District AppropriationExpended /

EncumberedRemaining

Balance% Expended

1st 24,809 0 24,809 0.00%

2nd 14,560 0 14,560 0.00%

3rd 7,560 3,188 4,372 42.17%

4th 25,639 22,158 3,481 86.42%

5th 72,439 33,765 38,674 46.61%

TOTAL 145,007 59,111 85,896 40.76%

1st 1,425,124 1,053,041 372,083 73.89%

2nd 1,152,841 959,216 193,625 83.20%

3rd 223,593 99,817 123,776 44.64%

4th 282,842 154,380 128,462 54.58%

5th 261,886 134,234 127,652 51.26%

TOTAL 3,346,286 2,400,688 945,598 71.74%

1st 4,642 1,625 3,017 35.01%

2nd 47,372 28,656 18,716 60.49%

3rd 13,901 12,098 1,803 87.03%

4th 26,199 23,571 2,628 89.97%

5th 21,250 3,474 17,776 16.35%

TOTAL 113,364 69,424 43,940 61.24%

1st 7,700 0 7,700 0.00%

2nd 8,261 3,044 5,217 36.85%

3rd 0 0 0 0.00%

4th 0 0 0 0.00%

5th 9,011 6,087 2,924 67.55%

TOTAL 24,972 9,131 15,841 36.56%

The data below represents the status of the FY 2018-19 operating budget as of January 31, 2019.



Expenses

Operating Capital Outlay

Senior Judge Days

Other Personal Services

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Agenda Item IV.C.: Operating Budgets

General Revenue Fund

Category District AppropriationExpended /

EncumberedRemaining

Balance% Expended

The data below represents the status of the FY 2018-19 operating budget as of January 31, 2019.

1st 83,594 12,854 70,740 15.38%

2nd 274,512 136,457 138,055 49.71%

3rd 178,268 115,060 63,208 64.54%

4th 155,247 136,945 18,302 88.21%

5th 55,771 47,873 7,898 85.84%

TOTAL 747,392 449,189 298,203 60.10%

1st 86,641 32,404 54,237 37.40%

2nd 34,977 8,073 26,904 23.08%

3rd 9,600 4,250 5,350 44.27%

4th 15,874 0 15,874 0.00%

5th 15,705 15,003 702 95.53%

TOTAL 162,797 59,730 103,067 36.69%

1st 16,895 6,626 10,269 39.22%

2nd 14,853 14,804 49 99.67%

3rd 6,316 3,630 2,686 57.47%

4th 12,176 4,586 7,590 37.66%

5th 12,446 8,838 3,608 71.01%

TOTAL 62,686 38,484 24,202 61.39%

Administrative Trust Fund

AppropriationExpended /

EncumberedRemaining

Balance% Expended

94,669 22,054 72,615 23.30%

27,000 1,955 25,045 7.24%

121,669 24,009 97,660 19.73%TOTAL

DCA Law Library

Category

Expenses

Operating Capital Outlay

Lease/Lease Purchase

Contracted Services

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1 Beginning Balance July 1, 2018 5,835

2 Revenues Received 1,428,158

3 Expenditures (1,054,774)

4 Cash Balance as of January 31, 2019 379,220

FY 2018-19

FY 2018-19 Cash StatementAs of January 31, 2019



ADMINISTRATIVE TRUST FUND

Agenda Item IV.D. Trust Fund Cash Statement Overview

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V. Next Meeting – Monday, May 13, 2019

There are no meeting materials for this agenda item.

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VI. Future Meeting – Tuesday, September 3, 2019

There are no meeting materials for this agenda item.

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VII. Adjournment

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Documents

Monday, February 25, 2019 - Florida Courts...Monday, February 25, 2019 . 3:00 p.m. – 4:30 p.m. Video Conference Meeting . AGENDA . I. Welcome and Opening Remarks A. Roll Call B