CODING: Words stricken are deletions; words underlined are additions.

House Bill 1319

Florida House of Representatives - 1997 HB 1319 By Representatives Thrasher, Crady, Bainter, Cosgrove, Mackey, Logan, Ritter, Spratt, Betancourt, Burroughs and Crow 1 A bill to be entitled 2 An act relating to court funding; creating s. 3 25.402, F.S.; providing compensation to 4 counties for certain costs through a trust fund 5 to be administered by the Supreme Court; 6 amending s. 318.21, F.S., 1996 Supplement, 7 relating to the disposition of civil penalties 8 by county courts; providing for distribution of 9 civil penalties to the County Article V Trust 10 Fund beginning July 1, 1998; creating s. 11 939.18, F.S.; providing for an additional 12 assessment on persons pleading guilty or nolo 13 contendere to, or found guilty of, a crime to 14 be used to provide and maintain court 15 facilities; requiring clerks of circuit court 16 to submit specified financial reports; 17 providing an effective date. 18 19 Be It Enacted by the Legislature of the State of Florida: 20 21 Section 1. Section 25.402, Florida Statutes, is 22 created to read: 23 25.402 County Article V Trust Fund.-- 24 (1)(a) The trust fund moneys in the County Article V 25 Trust Fund, administered by the Supreme Court, must be used to 26 compensate counties for the costs they incur under Article V 27 of the State Constitution in operating the state courts system 28 and in performing executive branch functions that are part of 29 the civil justice system or criminal justice system, including 30 the costs they incur in providing and maintaining court 31 facilities. 1 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1319 505-144-97 1 (b) The Supreme Court, after consultation with 2 representatives of county government, shall adopt a 3 comprehensive plan for the operation of the trust fund and the 4 expenditure of moneys deposited into the trust fund. The plan 5 should include provisions to compensate counties with fewer 6 than 75,000 residents for court facility needs. 7 (c) The trust fund shall be funded with moneys 8 generated from civil penalties assessed under s. 318.21(2)(h). 9 (2) This section is repealed July 1, 2001. 10 Section 2. Effective July 1, 1998, subsection (1) of 11 section 318.21, 1996 Supplement, paragraph (a) of subsection 12 (2) is amended, and paragraph (h) is added to that subsection 13 to read: 14 318.21 Disposition of civil penalties by county 15 courts.--All civil penalties received by a county court 16 pursuant to the provisions of this chapter shall be 17 distributed and paid monthly as follows: 18 (1) One dollar from every civil penalty shall be paid 19 to the Department of Children Health and Family Rehabilitative 20 Services for deposit into the Child Welfare Training Trust 21 Fund for child welfare training purposes pursuant to s. 402.40 22 s. 404.40. One dollar from every civil penalty shall be paid 23 to the Department of Juvenile Justice for deposit into the 24 Juvenile Justice Training Trust Fund for juvenile justice 25 purposes pursuant to s. 39.024. 26 (2) Of the remainder: 27 (a) 28 1. Fifteen Twenty and six-tenths percent shall be paid 29 to the General Revenue Fund of the state, except that the 30 first $300,000 shall be deposited into the Grants and 31 Donations Trust Fund in the Department of Children Health and 2 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1319 505-144-97 1 Family Rehabilitative Services for administrative costs, 2 training costs, and costs associated with the implementation 3 and maintenance of Florida foster care citizen review panels 4 as provided for in s. 39.4531. 5 2. Subparagraph 1. is repealed June 30, 1999. 6 (h)1. Five percent must be deposited in the County 7 Article V Trust Fund. 8 2. Subparagraph 1. is repealed June 30, 1999. 9 Section 3. Effective July 1, 1999, subsection (1) of 10 section 318.21, Florida Statutes, 1996 Supplement, is amended, 11 paragraph (a) of subsection (2) is amended, and paragraph (h) 12 is added to that subsection to read: 13 318.21 Disposition of civil penalties by county 14 courts.--All civil penalties received by a county court 15 pursuant to the provisions of this chapter shall be 16 distributed and paid monthly as follows: 17 (1) One dollar from every civil penalty shall be paid 18 to the Department of Children Health and Family Rehabilitative 19 Services for deposit into the Child Welfare Training Trust 20 Fund for child welfare training purposes pursuant to s. 402.40 21 s. 404.40. One dollar from every civil penalty shall be paid 22 to the Department of Juvenile Justice for deposit into the 23 Juvenile Justice Training Trust Fund for juvenile justice 24 purposes pursuant to s. 39.024. 25 (2) Of the remainder: 26 (a) 27 1. Ten Twenty and six-tenths percent shall be paid to 28 the General Revenue Fund of the state, except that the first 29 $300,000 shall be deposited into the Grants and Donations 30 Trust Fund in the Department of Children Health and Family 31 Rehabilitative Services for administrative costs, training 3 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1319 505-144-97 1 costs, and costs associated with the implementation and 2 maintenance of Florida foster care citizen review panels as 3 provided for in s. 39.4531. 4 2. Subparagraph 1. is repealed June 30, 2000. 5 (h)1. Ten percent must be deposited in the County 6 Article V Trust Fund. 7 2. Subparagraph 1. is repealed June 30, 2000. 8 Section 4. Effective July 1, 2000, subsection (1) of 9 section 318.21, Florida Statutes, 1996 Supplement, is amended, 10 paragraph (a) of subsection (2) is amended, and paragraph (h) 11 is added to that subsection to read: 12 318.21 Disposition of civil penalties by county 13 courts.--All civil penalties received by a county court 14 pursuant to the provisions of this chapter shall be 15 distributed and paid monthly as follows: 16 (1) One dollar from every civil penalty shall be paid 17 to the Department of Children Health and Family Rehabilitative 18 Services for deposit into the Child Welfare Training Trust 19 Fund for child welfare training purposes pursuant to s. 402.40 20 s. 404.40. One dollar from every civil penalty shall be paid 21 to the Department of Juvenile Justice for deposit into the 22 Juvenile Justice Training Trust Fund for juvenile justice 23 purposes pursuant to s. 39.024. 24 (2) Of the remainder: 25 (a) 26 1. Five Twenty and six-tenths percent shall be paid to 27 the General Revenue Fund of the state, except that the first 28 $300,000 shall be deposited into the Grants and Donations 29 Trust Fund in the Department of Children Health and Family 30 Rehabilitative Services for administrative costs, training 31 costs, and costs associated with the implementation and 4 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1319 505-144-97 1 maintenance of Florida foster care citizen review panels as 2 provided for in s. 39.4531. 3 2. Subparagraph 1. is repealed June 30, 2001. 4 (h)1. Fifteen percent must be deposited in the County 5 Article V Trust Fund. 6 2. Subparagraph 1. is repealed June 30, 2001. 7 Section 5. Effective July 1, 2001, subsection (1) and 8 paragraph (a) of subsection (2) of section 318.21, Florida 9 Statutes, 1996 Supplement, are amended to read: 10 318.21 Disposition of civil penalties by county 11 courts.--All civil penalties received by a county court 12 pursuant to the provisions of this chapter shall be 13 distributed and paid monthly as follows: 14 (1) One dollar from every civil penalty shall be paid 15 to the Department of Children Health and Family Rehabilitative 16 Services for deposit into the Child Welfare Training Trust 17 Fund for child welfare training purposes pursuant to s. 402.40 18 s. 404.40. One dollar from every civil penalty shall be paid 19 to the Department of Juvenile Justice for deposit into the 20 Juvenile Justice Training Trust Fund for juvenile justice 21 purposes pursuant to s. 39.024. 22 (2) Of the remainder: 23 (a) Twenty and six-tenths percent shall be paid to the 24 County Article V Trust Fund General Revenue Fund of the state, 25 except that the first $300,000 shall be deposited into the 26 Grants and Donations Trust Fund in the Department of Children 27 Health and Family Rehabilitative Services for administrative 28 costs, training costs, and costs associated with the 29 implementation and maintenance of Florida foster care citizen 30 review panels as provided for in s. 39.4531. 31 5 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1319 505-144-97 1 Section 6. Section 939.18, Florida Statutes, is 2 created to read: 3 939.18 Assessment of additional court costs for court 4 facilities.-- 5 (1)(a) When a person pleads guilty or nolo contendere 6 to, or is found guilty of, any felony, misdemeanor, or 7 criminal traffic offense under the laws of this state, the 8 court may assess an additional court cost, not to exceed $150. 9 Such additional assessment must be accounted for separately by 10 the county in which the offense occurred to be used for 11 providing and maintaining court facilities under rules adopted 12 by the Supreme Court which prescribe the methods of 13 expenditure, the permissible purposes of expenditure, the 14 investment requirements for the fund, and the accounting and 15 reporting requirements to be enforced by each county as to the 16 funds collected. 17 (b) The court may order a person to pay the additional 18 court cost if it finds that the person has the ability to pay 19 the additional assessment and will not be prevented thereby 20 from making restitution or other compensation to victims which 21 is authorized by law or from paying child support. 22 (2) The clerk of the circuit court shall annually 23 prepare a financial report detailing the amount of court costs 24 assessed and received, and expenditures and earnings from the 25 investment of such funds. This report must be submitted to the 26 board of county commissioners, the chief judge of the judicial 27 circuit in which the county is situated, and the Office of the 28 State Courts Administrator. 29 Section 7. This act shall take effect July 1, 1997. 30 31 6 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1319 505-144-97 1 ***************************************** 2 SENATE SUMMARY 3 Provides that funds in the County Article V Trust Fund must be used to compensate counties for the costs they 4 incur under Article V of the State Constitution in operating the state courts system and in performing 5 executive branch functions that are part of the civil justice system or criminal justice system including 6 maintenance of court facilities. Requires the Supreme Court to adopt a comprehensive plan for the operation of 7 the trust fund and expenditure of the funds. Provides that the trust fund is to be funded from civil penalties 8 assessed under s. 318.21(2)(h), Florida Statutes. Provides for future repeal of the funding for the trust 9 fund. Provides for an additional assessment not to exceed $150 on persons pleading guilty or nolo contendere to, or 10 found guilty of, a crime, which assessment is to be used to provide and maintain court facilities. Requires that 11 clerks of the circuit courts submit specified financial reports. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 7