CODING: Words stricken are deletions; words underlined are additions.House Bill 1319c1
Florida House of Representatives - 1997 CS/HB 1319
By the Committee on Criminal Justice Appropriations and
Representatives Villalobos, Thrasher, Crady, Horan, Bainter,
Cosgrove, Mackey, Logan, Ritter, Spratt, Betancourt,
Burroughs, Crow, Smith, Fasano, Lynn, Heyman, Meek, Maygarden,
Turnbull and Edwards
1 A bill to be entitled
2 An act relating to court funding; creating s.
3 25.402, F.S.; providing for compensation to
4 counties for certain costs through a trust fund
5 administered by the Supreme Court; requiring
6 adoption by the Supreme Court of an allocation
7 and disbursement plan; providing for
8 appointment of a committee to develop the plan;
9 providing guidelines for deposit in the trust
10 fund of moneys generated from certain civil
11 penalties; providing that the funds paid to
12 counties shall be grants-in-aid for specified
13 purposes; providing for future repeal; amending
14 s. 318.21, F.S., relating to the disposition of
15 civil penalties by county courts; providing for
16 distribution of civil penalties to the County
17 Article V Trust Fund beginning July 1, 1998;
18 providing for future repeal of specified
19 provisions; providing for future disposition of
20 the funds to the General Revenue Fund upon
21 repeal of specified provisions; providing a
22 directive to the Statutory Revision Division;
23 creating s. 939.18, F.S.; providing for an
24 additional assessment on persons pleading
25 guilty or nolo contendere to, or found guilty
26 of, a crime, to be used to provide and maintain
27 court facilities; requiring clerks of court to
28 submit specified financial reports; amending s.
29 27.34, F.S.; revising a provision relating to
30 the services and office space provided by the
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1 counties to the state attorneys; providing
2 effective dates.
3
4 Be It Enacted by the Legislature of the State of Florida:
5
6 Section 1. Section 25.402, Florida Statutes, is
7 created to read:
8 25.402 County Article V Trust Fund.--
9 (1)(a) The trust fund moneys in the County Article V
10 Trust Fund, administered by the Supreme Court, must be used to
11 compensate counties for the costs they incur under Article V
12 of the State Constitution in operating the state courts
13 system, including the costs they incur in providing and
14 maintaining court facilities.
15 (b) The Supreme Court shall adopt an allocation and
16 disbursement plan for the operation of the trust fund and the
17 expenditure of moneys deposited in the trust fund. The Supreme
18 Court shall include the plan in its legislative budget
19 request. A committee of 15 people shall develop and recommend
20 the allocation and disbursement plan to the Supreme Court. The
21 committee shall be composed of:
22 1. Six persons appointed by the Florida Association of
23 Counties, as follows:
24 a. Two persons residing in counties with populations
25 less than 75,000.
26 b. Two persons residing in counties with populations
27 greater than 74,999, but less than 700,000.
28 c. Two persons residing in counties with populations
29 greater than 699,999.
30 2. Six persons appointed by the Chief Justice of the
31 Supreme Court, as follows:
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1 a. Two persons residing in counties with populations
2 less than 75,000.
3 b. Two persons residing in counties with populations
4 greater than 74,999, but less than 700,000.
5 c. Two persons residing in counties with populations
6 greater than 699,999.
7 3. Three persons appointed by the Florida Association
8 of Court Clerks and Comptrollers, as follows:
9 a. One person residing in a county with a population
10 less than 75,000.
11 b. One person residing in a county with a population
12 greater than 74,999, but less than 700,000.
13 c. One person residing in a county with a population
14 greater than 699,999.
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16 The allocation and disbursement plan shall include provisions
17 to compensate counties with fewer than 75,000 residents for
18 court facility needs.
19 (c) Amendments to the approved operating budget for
20 expenditures from the County Article V Trust Fund must be
21 approved in accordance with the provisions of s. 216.181. The
22 total amount disbursed from the County Article V Trust Fund
23 may not exceed the amount authorized by the General
24 Appropriations Act.
25 (d) Effective July 1, 1998, moneys generated from
26 civil penalties distributed under s. 318.21(2)(h) shall be
27 deposited in the trust fund for the following purposes:
28 1. Funds paid to counties with populations less than
29 75,000 shall be grants-in-aid to be used, in priority order,
30 for: consulting or architectural studies related to the
31 improvement of courthouse facilities; improving court
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1 facilities to ensure compliance with the Americans with
2 Disabilities Act and other federal or state requirements;
3 other renovations in court facilities; improvements in court
4 security; and expert witness fees in criminal cases, court
5 reporting and transcribing costs in criminal cases, and costs
6 associated with the appointment of special public defenders.
7 2. Funds paid to counties with populations exceeding
8 74,999 shall be grants-in-aid for costs paid by the county for
9 expert witness fees in criminal cases, court reporting and
10 transcribing costs in criminal cases, and costs associated
11 with the appointment of special public defenders.
12 (2) This section is repealed June 30, 2002.
13 Section 2. (1) Effective July 1, 1998, subsection (1)
14 and paragraph (a) of subsection (2) of section 318.21, Florida
15 Statutes, 1996 Supplement, are amended, and paragraph (h) is
16 added to subsection (2) of said section, to read:
17 318.21 Disposition of civil penalties by county
18 courts.--All civil penalties received by a county court
19 pursuant to the provisions of this chapter shall be
20 distributed and paid monthly as follows:
21 (1) One dollar from every civil penalty shall be paid
22 to the Department of Children Health and Family Rehabilitative
23 Services for deposit into the Child Welfare Training Trust
24 Fund for child welfare training purposes pursuant to s. 402.40
25 s. 404.40. One dollar from every civil penalty shall be paid
26 to the Department of Juvenile Justice for deposit into the
27 Juvenile Justice Training Trust Fund for juvenile justice
28 purposes pursuant to s. 39.024.
29 (2) Of the remainder:
30 (a) Fifteen Twenty and six-tenths percent shall be
31 paid to the General Revenue Fund of the state, except that the
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1 first $300,000 shall be deposited into the Grants and
2 Donations Trust Fund in the Department of Children Health and
3 Family Rehabilitative Services for administrative costs,
4 training costs, and costs associated with the implementation
5 and maintenance of Florida foster care citizen review panels
6 as provided for in s. 39.4531.
7 (h) Five percent must be deposited into the County
8 Article V Trust Fund.
9 (2) The amendments to section 318.21, Florida
10 Statutes, 1996 Supplement, by this section shall expire on
11 June 30, 1999, and the text of section 318.21, Florida
12 Statutes, 1996 Supplement, shall revert to that in existence
13 on June 30, 1997, except that any amendments to such text
14 enacted other than by this act shall be preserved and continue
15 to operate to the extent that such amendments are not
16 dependent upon the portions of said text which expire pursuant
17 to the provisions of this subsection. The Statutory Revision
18 Division of the Joint Legislative Management Committee shall
19 include in an appropriate reviser's bill any amendments to
20 said section which are necessary to give effect to the
21 legislative intent expressed in this subsection.
22 Section 3. (1) Effective July 1, 1999, subsection (1)
23 and paragraph (a) of subsection (2) of section 318.21, Florida
24 Statutes, 1996 Supplement, are amended, and paragraph (h) is
25 added to subsection (2) of said section, to read:
26 318.21 Disposition of civil penalties by county
27 courts.--All civil penalties received by a county court
28 pursuant to the provisions of this chapter shall be
29 distributed and paid monthly as follows:
30 (1) One dollar from every civil penalty shall be paid
31 to the Department of Children Health and Family Rehabilitative
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1 Services for deposit into the Child Welfare Training Trust
2 Fund for child welfare training purposes pursuant to s. 402.40
3 s. 404.40. One dollar from every civil penalty shall be paid
4 to the Department of Juvenile Justice for deposit into the
5 Juvenile Justice Training Trust Fund for juvenile justice
6 purposes pursuant to s. 39.024.
7 (2) Of the remainder:
8 (a) Ten Twenty and six-tenths percent shall be paid to
9 the General Revenue Fund of the state, except that the first
10 $300,000 shall be deposited into the Grants and Donations
11 Trust Fund in the Department of Children Health and Family
12 Rehabilitative Services for administrative costs, training
13 costs, and costs associated with the implementation and
14 maintenance of Florida foster care citizen review panels as
15 provided for in s. 39.4531.
16 (h) Ten percent must be deposited into the County
17 Article V Trust Fund.
18 (2) The amendments to section 318.21, Florida
19 Statutes, 1996 Supplement, by this section shall expire on
20 June 30, 2000, and the text of section 318.21, Florida
21 Statutes, 1996 Supplement, shall revert to that in existence
22 on June 30, 1997, except that any amendments to such text
23 enacted other than by this act shall be preserved and continue
24 to operate to the extent that such amendments are not
25 dependent upon the portions of said text which expire pursuant
26 to the provisions of this subsection. The Statutory Revision
27 Division of the Joint Legislative Management Committee shall
28 include in an appropriate reviser's bill any amendments to
29 said section which are necessary to give effect to the
30 legislative intent expressed in this subsection.
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1 Section 4. (1) Effective July 1, 2000, subsection (1)
2 and paragraph (a) of subsection (2) of section 318.21, Florida
3 Statutes, 1996 Supplement, are amended, and paragraph (h) is
4 added to subsection (2) of said section, to read:
5 318.21 Disposition of civil penalties by county
6 courts.--All civil penalties received by a county court
7 pursuant to the provisions of this chapter shall be
8 distributed and paid monthly as follows:
9 (1) One dollar from every civil penalty shall be paid
10 to the Department of Children Health and Family Rehabilitative
11 Services for deposit into the Child Welfare Training Trust
12 Fund for child welfare training purposes pursuant to s. 402.40
13 s. 404.40. One dollar from every civil penalty shall be paid
14 to the Department of Juvenile Justice for deposit into the
15 Juvenile Justice Training Trust Fund for juvenile justice
16 purposes pursuant to s. 39.024.
17 (2) Of the remainder:
18 (a) Five Twenty and six-tenths percent shall be paid
19 to the General Revenue Fund of the state, except that the
20 first $300,000 shall be deposited into the Grants and
21 Donations Trust Fund in the Department of Children Health and
22 Family Rehabilitative Services for administrative costs,
23 training costs, and costs associated with the implementation
24 and maintenance of Florida foster care citizen review panels
25 as provided for in s. 39.4531.
26 (h) Fifteen percent must be deposited into the County
27 Article V Trust Fund.
28 (2) The amendments to section 318.21, Florida
29 Statutes, 1996 Supplement, by this section shall expire on
30 June 30, 2001, and the text of section 318.21, Florida
31 Statutes, 1996 Supplement, shall revert to that in existence
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1 on June 30, 1997, except that any amendments to such text
2 enacted other than by this act shall be preserved and continue
3 to operate to the extent that such amendments are not
4 dependent upon the portions of said text which expire pursuant
5 to the provisions of this subsection. The Statutory Revision
6 Division of the Joint Legislative Management Committee shall
7 include in an appropriate reviser's bill any amendments to
8 said section which are necessary to give effect to the
9 legislative intent expressed in this subsection.
10 Section 5. (1) Effective July 1, 2001, subsection (1)
11 and paragraph (a) of subsection (2) of section 318.21, Florida
12 Statutes, 1996 Supplement, are amended 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) Twenty and six-tenths percent shall be paid to the
27 County Article V Trust Fund General Revenue Fund of the state,
28 except that the first $300,000 shall be deposited into the
29 Grants and Donations Trust Fund in the Department of Children
30 Health and Family Rehabilitative Services for administrative
31 costs, training costs, and costs associated with the
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1 implementation and maintenance of Florida foster care citizen
2 review panels as provided for in s. 39.4531.
3 (2) The amendments to section 318.21, Florida
4 Statutes, 1996 Supplement, by this section shall expire on
5 June 30, 2002, and the text of section 318.21, Florida
6 Statutes, 1996 Supplement, shall revert to that in existence
7 on June 30, 1997, except that any amendments to such text
8 enacted other than by this act shall be preserved and continue
9 to operate to the extent that such amendments are not
10 dependent upon the portions of said text which expire pursuant
11 to the provisions of this subsection. The Statutory Revision
12 Division of the Joint Legislative Management Committee shall
13 include in an appropriate reviser's bill any amendments to
14 said section which are necessary to give effect to the
15 legislative intent expressed in this subsection.
16 Section 6. Effective July 1, 2002, subsection (1) and
17 paragraph (a) of subsection (2) of section 318.21, Florida
18 Statutes, 1996 Supplement, are amended to read:
19 318.21 Disposition of civil penalties by county
20 courts.--All civil penalties received by a county court
21 pursuant to the provisions of this chapter shall be
22 distributed and paid monthly as follows:
23 (1) One dollar from every civil penalty shall be paid
24 to the Department of Children Health and Family Rehabilitative
25 Services for deposit into the Child Welfare Training Trust
26 Fund for child welfare training purposes pursuant to s. 402.40
27 s. 404.40. One dollar from every civil penalty shall be paid
28 to the Department of Juvenile Justice for deposit into the
29 Juvenile Justice Training Trust Fund for juvenile justice
30 purposes pursuant to s. 39.024.
31 (2) Of the remainder:
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1 (a) Twenty and six-tenths percent shall be paid to the
2 General Revenue Fund of the state, except that the first
3 $300,000 shall be deposited into the Grants and Donations
4 Trust Fund in the Department of Children Health and Family
5 Rehabilitative Services for administrative costs, training
6 costs, and costs associated with the implementation and
7 maintenance of Florida foster care citizen review panels as
8 provided for in s. 39.4531.
9 Section 7. Section 939.18, Florida Statutes, is
10 created to read:
11 939.18 Assessment of additional court costs for court
12 facilities.--
13 (1)(a) When a person pleads guilty or nolo contendere
14 to, or is found guilty of, any felony, misdemeanor, or
15 criminal traffic offense under the laws of this state, the
16 court may assess an additional court cost, not to exceed $150.
17 Such additional assessment shall be accounted for separately
18 by the county in which the offense occurred, to be used for
19 providing and maintaining court facilities under rules adopted
20 by the Administration Commission. The Administration
21 Commission shall adopt rules to implement this subsection
22 which prescribe the methods of expenditure, the permissible
23 purposes of expenditure, the investment requirements, and the
24 accounting and reporting requirements to be enforced by each
25 county as to the funds collected.
26 (b) The court may order a person to pay the additional
27 court cost if it finds that the person has the ability to pay
28 the additional assessment and will not be prevented thereby
29 from making restitution or other compensation to victims which
30 is authorized by law or from paying child support.
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1 (2) The clerk of court shall annually prepare a
2 financial report detailing the amount of court costs assessed
3 and received and the expenditures and earnings from the
4 investment of such funds. This report must be submitted to the
5 board of county commissioners, the chief judge of the judicial
6 circuit in which the county is situated, and the
7 Administration Commission.
8 Section 8. Subsection (2) of section 27.34, Florida
9 Statutes, 1996 Supplement, is amended to read:
10 27.34 Salaries and other related costs of state
11 attorneys' offices; limitations.--
12 (2) The state attorneys shall be provided by the
13 counties within their judicial circuits with such office
14 space, utilities, telephone service, custodial services,
15 library services, transportation services, and communication
16 services as may be necessary for the proper and efficient
17 functioning of these offices, except as otherwise provided in
18 the General Appropriations Act. The state attorney's office
19 shall also be provided with pretrial consultation fees for
20 expert or other potential witnesses consulted before trial by
21 the state attorney; travel expenses incurred in criminal cases
22 by a state attorney in connection with out-of-jurisdiction
23 depositions; out-of-state travel expenses incurred by
24 assistant state attorneys or by investigators of state
25 attorneys while attempting to locate and interrogate witnesses
26 for the state attorney in the prosecution of a criminal case;
27 court reporter costs incurred by the state attorney during the
28 course of an investigation and criminal prosecution which
29 costs are certified by the state attorney as being useful and
30 necessary in the prosecution, provided that nothing herein
31 shall be construed to prohibit the county from contesting the
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1 reasonableness of the expenditure in the court wherein the
2 criminal case is brought; postindictment and postinformation
3 deposition costs incurred by the state attorney during the
4 course of a criminal prosecution of an insolvent defendant
5 when such costs are certified by the state attorney as being
6 useful and necessary in the prosecution, provided that nothing
7 herein shall be construed to prohibit the county from
8 contesting the reasonableness of the expenditure in the court
9 wherein the criminal case is brought; and the cost of copying
10 depositions of state witnesses taken by the public defender,
11 court-appointed counsel, or private retained counsel, when
12 such costs are certified by the state attorney as being useful
13 and necessary in the prosecution, provided that nothing herein
14 shall be construed to prohibit the county from contesting the
15 reasonableness of the expenditure in the court wherein the
16 criminal case is brought. The office space to be provided by
17 the counties shall not be less than the standards for space
18 allotment adopted by the Department of Management Services,
19 nor shall these services and office space be less than were
20 provided in the prior fiscal year 1984-1985.
21 Section 9. Except as otherwise provided herein, this
22 act shall take effect July 1, 1997.
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