Senate Judiciary takes up court funding issues.

A vital and important program, such as providing guardians' ad litem for children involved in court cases, may still not be an essential court function, a Florida Senate panel has been told.

The Senate Judiciary on January 21 discussed definitions and needs of the state trial courts as the state prepares to take over more funding of those courts by July 1, 2004, pursuant to a 1998 constitutional amendment.

Committee Chair Sen. Alex Villalobos, R-Miami, said his committee would be working with the appropriations subcommittee chaired by Sen. Rod Smith, D-Gainesville, which is overseeing the funding shift. Smith also serves on the Judiciary Committee.

"His committee is going to divide the money, and this committee is going to come up with definitions," Villalobos said. "This has never been done before, and it's very important that we are heading in the same direction.... We need to come up with definitions of what state responsibility is."

Sixth Circuit Judge Susan Schaeffer, chair of the Supreme Court's Trial Court Budget Commission, testified at the meeting, noting that groups have been working to define vital court functions.

"What we would, as that committee, do this year is specify and write in legislation what the essential elements of the court are," she said. "We would like for you to establish a process for determining a state requirement [for funding the courts] versus the local options... We're still going to have to go to the counties for much of our money."

The committee's discussions made it clear how difficult and touchy the process is likely to be.

Villalobos noted the committee will be hearing from court clerks, counties, and other interested parties who will have divergent views on what essential functions are. And how hard will determining those be? Well, consider guardians ad litem.

"What we are going to ask you to fund at the state level are those things that the courts believe are essential elements," Schaeffer said. "If it's a nonadjudicatory function, if it doesn't help move the case from beginning to conclusion, then that can be an 'integrated' function."

Several programs that would be defined as integrated, and moved out of the court system's budget in the funding transfer, she said are "delinquency diversion programs, child advocacy centers, guardians ad litem, drug treatment and testing."

Villalobos added, "We're not saying they aren't great ideas, but the question is should they be part of the courts and should the...