Assessments and Collections Reporting (Annual A & C Report) Status Update

1. Assessments and Collections Reporting (Annual A & C Report)Status Update 2013 New Clerk Academy Key West, Florida May 16, 2013

2. Rationale for New Report • Legislative scrutiny of 2011 report uncovered data quality issues and inconsistent reporting of data • Judges reviewed 2011 report and called individual Clerks with questions • The Back Story – Where is the $80 Million? • Opportunities and Risks – Clerks’ new report will demonstrate to the Legislature our data: • Integrity • Consistency • Quality

3. Key Impacts of SB 1964 • New report will require changes in local Case Maintenance Systems and use of new Matrix, Report Form and Guidelines • Challenge to Clerks, Judiciary, State Attorney and other stakeholders to understand Clerks required to collect and report required data – we are in the middle! • May 2012 the Hon. Karen E. Rushing (Sarasota), Chair of the FCCC Legislative Committee, established a work group to address statutory changes • Report Project Website – Part B: 2013 Report • Contains all project documentation and forms needed for the 2013 Report

4. Background & Earlier Reports • Earlier reports were on “auto pilot” • In 2012 FCCC started a stronger Quality Assurance Review process • Trend Analysis Reports • 11 Clerks resubmitted report • FCCC Report email contact list – over 100 Clerk staff receiving project updates • Legislature considers the new report important and represents Clerks’ credibility

5. New Data to be Reported • MOST CONTROVERSIAL: Amount Under Assessed • Difference between what was actually assessed and what is mandated by statute (in accord with general counsel legal opinion) • Circuit Criminal Statistics • Number of drug trafficking case convictions (No.) • Total assessed drug trafficking case amounts ($) • Collection Rate • Collection Rate % = Total Collections/Total Collectible Amount

6. Clerks’ Report Readiness • February 2013 Clerks asked to complete A & C Report Readiness Survey to determine new report issues • Results indicated Clerks record and report data differently because of local: • Court actions • Administrative Orders • SAs decisions • Need for clarifications to address survey results and questions

7. May 6, 2013 FCCC Advisory • Letter from FCCC President Norris • General Counsel legal opinion clarifying key issues • Clerk leadership has asked Clerks to provide an Interim Report to FCCC for review by May 24th • Interim Report review to determine outstanding issues and prepare for next steps

8. General Counsel Legal Opinion • Legal opinion clarified Clerks’ ministerial role: • “ … in the case where the Court fails to impose (silent) any fine it is proper for the Clerk to include in the judgment the statutory minimum assessment as required by s. 28.2457(1)(b).” • When the Court announces an assessment that is less than the monetary statutory assessment the Clerk should record the announced assessment on the judgment and all records. • However, the Clerk should report any difference between the announce amount and the statutory minimum amount as an “under assessment” in the Clerk’s report

9. Next Steps • Appoint staff to take responsibility for the report, review Project Web Site and current documentation • Prepare an Interim Report using the best available data • FCCC will review Interim Reports in preparation for leadership discussion at Summer Conference • FCCC exploring opportunities to help Clerks improve the Assessments and Collections Report Process: • Future Regional Workshops • Develop a Best Practice • Create an automated reporting process

10. Contact Information • Questions or issues please contact: Alex Nicholas, anicholas@flclerks.com Randy Long, rlong@flclerks.com Main office: 850-921-0808