Filing # 81056050 E-Filed 11/20/2018 01:06:12 PM

IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL

CIRCUIT IN AND FOR HERNANDO COUNTY,
FLORIDA
STATE OF FLORIDA

v. CASE NO: 1985-CF-499

PAUL HILDWIN,

Defendant.

____________________________/

STATE’S RESPONSE TO DEFENDANT’S MOTION TO STRIKE THE TRIAL DATE AND CONTINUE IT UNTIL A
TIME WHEN THE JUSTICE ADMINISTRATION COMMISSION (JAC) HAS FUNDING TO PAY ALL THE DUE
PROCESS PROVIDERS INCLUDING EXPERTS, INVESTIGATORS, COURT REPORTERS, AND MITIGATION
SPECIALIST

Comes now, the State of Florida, by and through the undersigned Assistant State Attorney, and
files this response to Defendant’s Motion to Strike the Trial Date and Continue It Until a Time When the
Justice Administration Commission (JAC) has Funding to Pay all Due Process Providers Including Experts,
Investigators, Court Reporters, and Mitigation Specialist.

The notice regarding this motion, filed on November 5, 2018, states in paragraph 4, “JAC is
currently taking in excess of 4 weeks to process vendor payments”. There is no indication where this
information comes from. Once properly documented invoices are submitted to JAC for review, they
must approved within 20 days of receipt, unless the invoice is disputed. Florida Statute Section
215.422(1). Approved invoices are then forwarded to the State Chief Financial Officer (CFO) for
payment, which must occur within 10 days of receipt. Florida Statute Section 215.422(2). If any
undisputed payment is made more than 40 days after receipt by JAC of the properly documented
invoice, interest must be paid to the provider. Florida Statute Section 215.422(3)

According to officials at the JAC, in the current budget year, 99.93% of the properly documented
invoices from due process providers in private court-appointed cases are reviewed and approved by JAC
and sent to the CFO within the allowed 20 days. The average time is only 11 calendar days.

Records from JAC show that projected budget deficits in at least one category of funds
administered by JAC are not an uncommon occurrence. In fact, this has occurred in each of the last nine
budget years. There are four primary ways budget deficits in any category of funds are addressed. The
first way is through a process called Budget Amendments and Transfers, authorized by Florida Statute
Sections 29.015 and 216.292(2)(a), where JAC reallocates money within its administered funds to
address shortfalls in any particular category.

The second way that can be used is through a Legislative Budget Amendment, authorized by
Florida Statute Section 216.292(4), where the Legislative Budget Commission authorizes other allocated
but unspent funds to be transferred to JAC.
 The third way for dealing with a shortfall is by having an emergency funding bill passed by the
Florida Legislature during its annual session. The 2019 session of the Florida Legislature is scheduled to
commence on March 5, 2019. This form of budget relief can be accomplished at the beginning of
session or through a process called “back of the bill” funding legislation, where the final state budget
passed by the Legislature will allocate and authorize spending funds to cover any shortfall. The 2019
session of the Legislature is currently scheduled to end on May 3, 2019.

The fourth way, which can occur concurrently with the above processes, would be to take
projected unspent allocations from other offices served by JAC and whose due process funds are
administered through JAC, such as the Offices of State Attorneys, Public Defenders, Regional Counsels,
and Capital Collateral Regional Counsels. This could occur anytime before the end of the fiscal year,
which is June 30, 2019.

Using these processes, in the last nine budget years where JAC has had a budget deficit in one or
more categories of funds, payments have seldom been delayed past the 40 days before interest accrues.

In summary, it is unlikely that any projected budget deficit will have any substantial impact on
the payment of due process providers in this case.

WHEREFORE, the State respectfully requests this Honorable Court to enter an Order DENYING
Defendant’s Motion Strike the Trial Date and Continue It Until a Time When the Justice Administration
Commission (JAC) has Funding to Pay all Due Process Providers Including Experts, Investigators, Court
Reporters, and Mitigation Specialist.

Respectfully submitted this 20th day of November, 2018

/s/ Richard Buxman

Assistant State Attorney
Florida Bar No: 0155357
550 W. Main St.
Tavares, FL 32278

CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and accurate copy of the foregoing has been furnished to Lyann
Goudie, Attorney for Defendant, Goudie & Kohn, P.A. 3004 Cypress St.; Tampa, FL 33609 Terrence
Lenamon, 245 SE 1st St, Suite 404, Miami, FL 33131, Attorneys for Defendant, by eservice, this 20th day
of November, 2018.

/s/ Richard Buxman

Richard Buxman
Assistant State Attorney
Florida Bar Number: 0155357
550 W. Main St.
Tavares, FL 32278