Florida Senate - 2009 PROPOSED COMMITTEE SUBSTITUTE
Bill No. SB 12-A
Barcode 595084
604-00059A-09A
Proposed Committee Substitute by the Committee on Criminal and
Civil Justice Appropriations
1 A bill to be entitled
2 An act relating to the state judicial system; amending
3 s. 28.241, F.S.; requiring that a portion of filing
4 fees in civil actions be deposited for use by the
5 state courts system; amending s. 318.14, F.S.;
6 eliminating a percentage reduction in penalties for
7 noncriminal traffic infractions which is provided for
8 attending a basic driver improvement course; providing
9 for the distribution of a specified portion of penalty
10 revenues; amending s. 318.15, F.S., to conform;
11 amending s. 318.18, F.S.; increasing certain fines for
12 speeding; creating an assessment to be paid for
13 noncriminal moving and nonmoving traffic infractions;
14 amending s. 318.21, F.S.; providing for the
15 distribution of funds from certain penalties imposed
16 for traffic infractions; amending s. 775.083, F.S.;
17 providing for the distribution of certain criminal and
18 noncriminal fines; defining the terms “convicted” and
19 “conviction” for purposes of liability for payment of
20 criminal and noncriminal fines; amending s. 948.01,
21 F.S.; providing that the imposition of probation in
22 certain nonfelony cases is discretionary rather than
23 mandatory; authorizing the court to impose a fine
24 without placing a nonfelony offender on probation;
25 providing that certain revenues generated under the
26 act may not be used to establish the budgets of clerks
27 of the court; providing effective dates.
28
29 Be It Enacted by the Legislature of the State of Florida:
30
31 Section 1. Paragraph (a) of subsection (1) of section
32 28.241, Florida Statutes, is amended to read:
33 28.241 Filing fees for trial and appellate proceedings.—
34 (1)(a) The party instituting any civil action, suit, or
35 proceeding in the circuit court shall pay to the clerk of that
36 court a filing fee of up to $295 in all cases in which there are
37 not more than five defendants and an additional filing fee of up
38 to $2.50 for each defendant in excess of five. Of the first $85
39 in filing fees, the clerk shall remit $32 to the Department of
40 Revenue for deposit into the State Courts Independent Trust Fund
41 for use by the state courts system, $48 $80 must be remitted by
42 the clerk to the Department of Revenue for deposit into the
43 General Revenue Fund, and $5 must be remitted to the Department
44 of Revenue for deposit into the Department of Financial
45 Services' Administrative Trust Fund to fund the contract with
46 the Florida Clerks of Court Operations Corporation created in s.
47 28.35. The next $15 of the filing fee collected shall be
48 deposited in the state courts' Mediation and Arbitration Trust
49 Fund. One-third of any filing fees collected by the clerk of the
50 circuit court in excess of $100 shall be remitted to the
51 Department of Revenue for deposit into the Department of Revenue
52 Clerks of the Court Trust Fund. An additional filing fee of $4
53 shall be paid to the clerk. The clerk shall remit $3.50 to the
54 Department of Revenue for deposit into the Court Education Trust
55 Fund and shall remit 50 cents to the Department of Revenue for
56 deposit into the Department of Financial Services Administrative
57 Trust Fund to fund clerk education. An additional filing fee of
58 up to $18 shall be paid by the party seeking each severance that
59 is granted. The clerk may impose an additional filing fee of up
60 to $85 for all proceedings of garnishment, attachment, replevin,
61 and distress. Postal charges incurred by the clerk of the
62 circuit court in making service by certified or registered mail
63 on defendants or other parties shall be paid by the party at
64 whose instance service is made. No additional fees, charges, or
65 costs shall be added to the filing fees imposed under this
66 section, except as authorized herein or by general law.
67 Section 2. Effective July 1, 2009, paragraph (a) of
68 subsection (1) of section 28.241, Florida Statutes, as amended
69 by this act, is amended to read:
70 28.241 Filing fees for trial and appellate proceedings.—
71 (1)(a) The party instituting any civil action, suit, or
72 proceeding in the circuit court shall pay to the clerk of that
73 court a filing fee of up to $295 in all cases in which there are
74 not more than five defendants and an additional filing fee of up
75 to $2.50 for each defendant in excess of five. Of the first $85
76 in filing fees, the clerk shall remit $60 $32 to the Department
77 of Revenue for deposit into the State Courts Independent Trust
78 Fund for use by the state courts system, $20 $48 to the
79 Department of Revenue for deposit into the General Revenue Fund,
80 and $5 to the Department of Revenue for deposit into the
81 Department of Financial Services' Administrative Trust Fund to
82 fund the contract with the Florida Clerks of Court Operations
83 Corporation created in s. 28.35. The next $15 of the filing fee
84 collected shall be deposited in the state courts' Mediation and
85 Arbitration Trust Fund. One-third of any filing fees collected
86 by the clerk of the circuit court in excess of $100 shall be
87 remitted to the Department of Revenue for deposit into the
88 Department of Revenue Clerks of the Court Trust Fund. An
89 additional filing fee of $4 shall be paid to the clerk. The
90 clerk shall remit $3.50 to the Department of Revenue for deposit
91 into the Court Education Trust Fund and shall remit 50 cents to
92 the Department of Revenue for deposit into the Department of
93 Financial Services Administrative Trust Fund to fund clerk
94 education. An additional filing fee of up to $18 shall be paid
95 by the party seeking each severance that is granted. The clerk
96 may impose an additional filing fee of up to $85 for all
97 proceedings of garnishment, attachment, replevin, and distress.
98 Postal charges incurred by the clerk of the circuit court in
99 making service by certified or registered mail on defendants or
100 other parties shall be paid by the party at whose instance
101 service is made. No additional fees, charges, or costs shall be
102 added to the filing fees imposed under this section, except as
103 authorized herein or by general law.
104 Section 3. Subsection (9) of section 318.14, Florida
105 Statutes, is amended to read:
106 318.14 Noncriminal traffic infractions; exception;
107 procedures.—
108 (9) Any person who does not hold a commercial driver's
109 license and who is cited for an infraction under this section
110 other than a violation of s. 316.183(2), s. 316.187, or s.
111 316.189 when the driver exceeds the posted limit by 30 miles per
112 hour or more, s. 320.0605, s. 320.07(3)(a) or (b), s. 322.065,
113 s. 322.15(1), s. 322.61, or s. 322.62 may, in lieu of a court
114 appearance, elect to attend in the location of his or her choice
115 within this state a basic driver improvement course approved by
116 the Department of Highway Safety and Motor Vehicles. In such a
117 case, adjudication must be withheld and; points, as provided by
118 s. 322.27, may not be assessed.; and the civil penalty that is
119 imposed by s. 318.18(3) must be reduced by 18 percent; However,
120 a person may not make an election under this subsection if the
121 person has made an election under this subsection in the
122 preceding 12 months. A person may make no more than five
123 elections within 10 years under this subsection. The requirement
124 for community service under s. 318.18(8) is not waived by a plea
125 of nolo contendere or by the withholding of adjudication of
126 guilt by a court. If a person makes an election to attend a
127 basic driver improvement course under this subsection, 18
128 percent of the civil penalty imposed under s. 318.18(3) shall be
129 deposited in the General Revenue Fund; however, that portion is
130 not revenue for purposes of s. 28.36 and may not be used in
131 establishing the budget of the clerk of the court under that
132 section or s. 28.35.
133 Section 4. Subsection (1) of section 318.15, Florida
134 Statutes, is amended to read:
135 318.15 Failure to comply with civil penalty or to appear;
136 penalty.—
137 (1)(a) If a person fails to comply with the civil penalties
138 provided in s. 318.18 within the time period specified in s.
139 318.14(4), fails to attend driver improvement school, or fails
140 to appear at a scheduled hearing, the clerk of the court shall
141 notify the Division of Driver Licenses of the Department of
142 Highway Safety and Motor Vehicles of such failure within 10 days
143 after such failure. Upon receipt of such notice, the department
144 shall immediately issue an order suspending the driver's license
145 and privilege to drive of such person effective 20 days after
146 the date the order of suspension is mailed in accordance with s.
147 322.251(1), (2), and (6). Any such suspension of the driving
148 privilege which has not been reinstated, including a similar
149 suspension imposed outside Florida, shall remain on the records
150 of the department for a period of 7 years from the date imposed
151 and shall be removed from the records after the expiration of 7
152 years from the date it is imposed.
153 (b) However, a person who elects to attend driver
154 improvement school and has paid the civil penalty as provided in
155 s. 318.14(9), but who subsequently fails to attend the driver
156 improvement school within the time specified by the court shall
157 be deemed to have admitted the infraction and shall be
158 adjudicated guilty. In such case the person must pay the clerk
159 of the court the 18 percent deducted pursuant to s. 318.14(9),
160 and a processing fee of up to $18, after which no additional
161 penalties, court costs, or surcharges shall be imposed for the
162 violation. The clerk of the court shall notify the department of
163 the person's failure to attend driver improvement school and
164 points shall be assessed pursuant to s. 322.27.
165 Section 5. Subsection (3) of section 318.18, Florida
166 Statutes, is amended, and subsection (19) is added to that
167 section, to read:
168 318.18 Amount of penalties.—The penalties required for a
169 noncriminal disposition pursuant to s. 318.14 or a criminal
170 offense listed in s. 318.17 are as follows:
171 (3)(a) Except as otherwise provided in this section, $60
172 for all moving violations not requiring a mandatory appearance.
173 (b) For moving violations involving unlawful speed, the
174 fines are as follows:
175 For speed exceeding the limit by: Fine:
176 1-5 m.p.h................................................Warning
177 6-9 m.p.h....................................................$25
178 10-14 m.p.h.................................................$100
179 15-19 m.p.h............................................$150 $125
180 20-29 m.p.h............................................$175 $150
181 30 m.p.h. and above.........................................$250
182 (c) Notwithstanding paragraph (b), a person cited for
183 exceeding the speed limit by up to 5 m.p.h. in a legally posted
184 school zone will be fined $50. A person exceeding the speed
185 limit in a school zone shall pay a fine double the amount listed
186 in paragraph (b).
187 (d) A person cited for exceeding the speed limit in a
188 posted construction zone, which posting must include
189 notification of the speed limit and the doubling of fines, shall
190 pay a fine double the amount listed in paragraph (b). The fine
191 shall be doubled for construction zone violations only if
192 construction personnel are present or operating equipment on the
193 road or immediately adjacent to the road under construction.
194 (e) A person cited for exceeding the speed limit in an
195 enhanced penalty zone shall pay a fine amount of $50 plus the
196 amount listed in paragraph (b). Notwithstanding paragraph (b), a
197 person cited for exceeding the speed limit by up to 5 m.p.h. in
198 a legally posted enhanced penalty zone shall pay a fine amount
199 of $50.
200 (f) If a violation of s. 316.1301 or s. 316.1303 results in
201 an injury to the pedestrian or damage to the property of the
202 pedestrian, an additional fine of up to $250 shall be paid. This
203 amount must be distributed pursuant to s. 318.21.
204 (g) A person cited for exceeding the speed limit within a
205 zone posted for any electronic or manual toll collection
206 facility shall pay a fine double the amount listed in paragraph
207 (b). However, no person cited for exceeding the speed limit in
208 any toll collection zone shall be subject to a doubled fine
209 unless the governmental entity or authority controlling the toll
210 collection zone first installs a traffic control device
211 providing warning that speeding fines are doubled. Any such
212 traffic control device must meet the requirements of the uniform
213 system of traffic control devices.
214 (h) A person cited for a second or subsequent conviction of
215 speed exceeding the limit by 30 miles per hour and above within
216 a 12-month period shall pay a fine that is double the amount
217 listed in paragraph (b). For purposes of this paragraph, the
218 term “conviction” means a finding of guilt as a result of a jury
219 verdict, nonjury trial, or entry of a plea of guilty. Moneys
220 received from the increased fine imposed by this paragraph shall
221 be remitted to the Department of Revenue and deposited into the
222 Department of Health Administrative Trust Fund to provide
223 financial support to certified trauma centers to assure the
224 availability and accessibility of trauma services throughout the
225 state. Funds deposited into the Administrative Trust Fund under
226 this section shall be allocated as follows:
227 1. Fifty percent shall be allocated equally among all Level
228 I, Level II, and pediatric trauma centers in recognition of
229 readiness costs for maintaining trauma services.
230 2. Fifty percent shall be allocated among Level I, Level
231 II, and pediatric trauma centers based on each center's relative
232 volume of trauma cases as reported in the Department of Health
233 Trauma Registry.
234 (19) In addition to any penalties imposed, an Article V
235 assessment of $10 must be paid for all noncriminal moving and
236 nonmoving traffic violations under chapter 316. The assessment
237 is not revenue for purposes of s. 28.36 and may not be used in
238 establishing the budget of the clerk of the court under that
239 section or s. 28.35. Of the funds collected under this
240 subsection:
241 (a) The sum of $5 shall be deposited in the State Courts
242 Independent Trust Fund for use by the state courts system;
243 (b) The sum of $3.33 shall be deposited in the State
244 Attorneys Independent Trust Fund for use by the state attorneys;
245 and
246 (c) The sum of $1.67 shall be deposited in the Public
247 Defenders Trust Independent Fund for use by the public
248 defenders.
249 Section 6. Subsections (18), (19), and (20) are added to
250 section 318.21, Florida Statutes, to read:
251 318.21 Disposition of civil penalties by county courts.—All
252 civil penalties received by a county court pursuant to the
253 provisions of this chapter shall be distributed and paid monthly
254 as follows:
255 (18) Notwithstanding subsections (1) and (2), the proceeds
256 from the administrative fee imposed under s. 318.18(18) shall be
257 distributed as provided in that subsection.
258 (19) Notwithstanding subsections (1) and (2), the proceeds
259 from the Article V assessment imposed under s. 318.18(19) shall
260 be distributed as provided in that subsection.
261 (20) For fines assessed under s. 318.18(3) for unlawful
262 speed, effective for violations occurring on or after February
263 1, 2009, the following amounts shall be remitted to the
264 Department of Revenue for deposit in the General Revenue Fund;
265 however, these amounts are not revenue for purposes of s. 28.36
266 and may not be used in establishing the budget of the clerk of
267 the court under that section or s. 28.35:
268 For speed exceeding the limit by: Fine:
269 1-5 m.p.h..................................................$ .00
270 6-9 m.p.h..................................................$ .00
271 10-14 m.p.h................................................$ .00
272 15-19 m.p.h..................................................$25
273 20-29 m.p.h..................................................$25
274 30 m.p.h. and above........................................$ .00
275 The remaining amount shall be distributed pursuant to
276 subsections (1) and (2).
277 Section 7. Section 775.083, Florida Statutes, is amended to
278 read:
279 775.083 Fines.—
280 (1) A person who has been convicted of an offense other
281 than a capital felony may be sentenced to pay a fine in addition
282 to any punishment described in s. 775.082; when specifically
283 authorized by statute, he or she may be sentenced to pay a fine
284 in lieu of any punishment described in s. 775.082. A person who
285 has been convicted of a noncriminal violation may be sentenced
286 to pay a fine. Fines for designated crimes and for noncriminal
287 violations shall not exceed:
288 (a) $15,000, when the conviction is of a life felony.
289 (b) $10,000, when the conviction is of a felony of the
290 first or second degree.
291 (c) $5,000, when the conviction is of a felony of the third
292 degree.
293 (d) $1,000, when the conviction is of a misdemeanor of the
294 first degree.
295 (e) $500, when the conviction is of a misdemeanor of the
296 second degree or a noncriminal violation.
297 (f) Any higher amount equal to double the pecuniary gain
298 derived from the offense by the offender or double the pecuniary
299 loss suffered by the victim.
300 (g) Any higher amount specifically authorized by statute.
301 Fines imposed in this subsection shall be deposited by the clerk
302 of the court in the fine and forfeiture fund established
303 pursuant to s. 142.01, except that fines imposed when
304 adjudication is withheld shall be deposited in the General
305 Revenue Fund, and such fines imposed when adjudication is
306 withheld are not revenue for purposes of s. 28.36 and may not be
307 used in establishing the budget of the clerk of the court under
308 that section or s. 28.35. If a defendant is unable to pay a
309 fine, the court may defer payment of the fine to a date certain.
310 As used in this subsection, the term “convicted” or “conviction”
311 means a determination of guilt which is the result of a trial or
312 the entry of a plea of guilty or nolo contendere, regardless of
313 whether adjudication is withheld.
314 (2) In addition to the fines set forth in subsection (1),
315 court costs shall be assessed and collected in each instance a
316 defendant pleads nolo contendere to, or is convicted of, or
317 adjudicated delinquent for, a felony, a misdemeanor, or a
318 criminal traffic offense under state law, or a violation of any
319 municipal or county ordinance if the violation constitutes a
320 misdemeanor under state law. The court costs imposed by this
321 section shall be $50 for a felony and $20 for any other offense
322 and shall be deposited by the clerk of the court into an
323 appropriate county account for disbursement for the purposes
324 provided in this subsection. A county shall account for the
325 funds separately from other county funds as crime prevention
326 funds. The county, in consultation with the sheriff, must expend
327 such funds for crime prevention programs in the county,
328 including safe neighborhood programs under ss. 163.501-163.523.
329 (3) The purpose of this section is to provide uniform
330 penalty authorization for criminal offenses and, to this end, a
331 reference to this section constitutes a general reference under
332 the doctrine of incorporation by reference.
333 Section 8. Subsection (2) of section 948.01, Florida
334 Statutes, is amended to read:
335 948.01 When court may place defendant on probation or into
336 community control.—
337 (2) If it appears to the court upon a hearing of the matter
338 that the defendant is not likely again to engage in a criminal
339 course of conduct and that the ends of justice and the welfare
340 of society do not require that the defendant presently suffer
341 the penalty imposed by law, the court, in its discretion, may
342 either adjudge the defendant to be guilty or stay and withhold
343 the adjudication of guilt.; and, In either case, the court it
344 shall stay and withhold the imposition of sentence upon the such
345 defendant and shall place the defendant upon probation. If the
346 defendant is found guilty of a felony as the result of a trial
347 or entry of a plea of guilty or nolo contendere, regardless of
348 whether adjudication is withheld, the court shall place the
349 defendant on probation. If the defendant is found guilty of a
350 nonfelony offense as the result of a trial or entry of a plea of
351 guilty or nolo contendere, regardless of whether adjudication is
352 withheld, the court may place the defendant on probation. In
353 addition to court costs and fees and notwithstanding any law to
354 the contrary, the court may impose a fine authorized by law if
355 the offender is a nonfelony offender who is not placed on
356 probation. However, a no defendant who is placed on probation
357 for a misdemeanor may not be placed under the supervision of the
358 department unless the circuit court was the court of original
359 jurisdiction.
360 Section 9. Except as otherwise expressly provided in this
361 act, this act shall take effect February 1, 2009, or upon
362 becoming a law, whichever occurs later.