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.
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Florida House of Representatives - 1997 HB 1319
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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9 (2) This section is repealed July 1, 2001.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
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Florida House of Representatives - 1997 HB 1319
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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
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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
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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.
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Florida House of Representatives - 1997 HB 1319
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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.
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Florida House of Representatives - 1997 HB 1319
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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.
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