Thirteenth Judicial Court Circuit Judge Emily Peacock has ruled in favor of Pasco County in a lawsuit filed by Pasco County Clerk & Comptroller Nikki Alvarez-Sowles over a budget dispute.
The clerk filed the lawsuit in the Sixth Judicial Circuit Court but it was assigned to the Thirteenth Judicial Circuit by Florida Supreme Court Administrative Order.
According to the judge’s ruling, the clerk “asserts that the funding for the multiagency criminal justice information system (CJIS) is a mandatory expenditure of the county and that the county has no discretion in its decision to fund the system nor may it phase the funding in over a period of time.”
The judge noted that “the county argues that the requirement of the funding for the multiagency CJIS system is limited to the existing system that was in place at the time that constitutional amendment and statutory amendment were adopted.”
The judge added that the county argues it has budgetary authority to phase the funding for such expenditures over time.
The judge also noted that the clerk asked for declaration that the county is obligated to fund judicial operations of the clerk’s office at the courthouse annex.
The clerk also asked for supplemental relief, dependent on the court’s determination on the preceding counts, according to the judge’s ruling.
The judge ruled in favor of the county’s assertion that the mandatory obligation to fund the CJIS system applied only to the system that was operating at the time of the adoption of the various provisions.
The judge also found “the county has the authority to review, analyze and make modifications to the budget submissions of the various constitutional offices, including the clerk.”
Because of the first two findings, the judge did not grant any supplemental relief, according to her 13-page ruling issued on Feb. 9.
After the ruling was issued, Alvarez-Sowles shared the ruling, through a media release and also issued this statement: “While we are disappointed by the Court’s ruling, we appreciate its professionalism. Filing a lawsuit against Pasco County was never our first choice. This case involves complex legislative history and significant funding issues affecting Clerks of Court, their criminal justice partner agencies, and citizens statewide. We are confident in our interpretation of the applicable law. Therefore, we will seek appellate review.
“Although we are going to appeal, we remain optimistic and committed to transparent and collaborative dialogue to arrive at the best outcome for our respective offices and the citizens of Pasco County.”
February 15, 2023
