House Bill hb1731
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 HB 1731
By the Fiscal Responsibility Council and Representative
Johnson
1 A bill to be entitled
2 An act relating to the transfer of criminal
3 justice programs; amending ss. 938.01 and
4 943.25, F.S., relating to the Court Cost
5 Clearing Trust Fund and criminal justice trust
6 funds; preserving certain funding functions
7 scheduled for repeal on July 1, 2001, relating
8 to deposit of certain funds for use by the
9 Department of Law Enforcement rather than the
10 Department of Community Affairs; transferring
11 the Criminal Justice Program from the
12 Department of Community Affairs to the
13 Department of Law Enforcement; transferring the
14 Prevention of Domestic and Sexual Violence
15 Program from the Department of Community
16 Affairs to the Department of Children and
17 Family Services and providing matching funds
18 for the administration of such program;
19 providing for transfer of funds; providing an
20 effective date.
21
22 Be It Enacted by the Legislature of the State of Florida:
23
24 Section 1. Subsection (1) of section 938.01, Florida
25 Statutes, as amended by chapter 2000-171, Laws of Florida, is
26 amended to read:
27 938.01 Additional Court Cost Clearing Trust Fund.--
28 (1) All courts created by Art. V of the State
29 Constitution shall, in addition to any fine or other penalty,
30 assess $3 as a court cost against every person convicted for
31 violation of a state penal or criminal statute or convicted
1
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 HB 1731
187-885-01
1 for violation of a municipal or county ordinance. Any person
2 whose adjudication is withheld pursuant to the provisions of
3 s. 318.14(9) or (10) shall also be assessed such cost. In
4 addition, $3 from every bond estreature or forfeited bail bond
5 related to such penal statutes or penal ordinances shall be
6 forwarded to the Treasurer as described in this subsection.
7 However, no such assessment may be made against any person
8 convicted for violation of any state statute, municipal
9 ordinance, or county ordinance relating to the parking of
10 vehicles.
11 (a) All such costs collected by the courts shall be
12 remitted to the Department of Revenue, in accordance with
13 administrative rules adopted by the executive director of the
14 Department of Revenue, for deposit in the Additional Court
15 Cost Clearing Trust Fund and shall be earmarked to the
16 Department of Law Enforcement and the Department of Community
17 Affairs for distribution as follows:
18 1. Two dollars and seventy-five cents of each $3
19 assessment shall be deposited in the Criminal Justice
20 Standards and Training Trust Fund, and the remaining 25 cents
21 of each such assessment shall be deposited into the Department
22 of Law Enforcement Operating Trust Fund and shall be disbursed
23 to the Bureau of Public Safety Management of the Department of
24 Law Enforcement Community Affairs.
25 2. Ninety-two percent of the money distributed to the
26 Additional Court Cost Clearing Trust Fund pursuant to s.
27 318.21 shall be earmarked to the Department of Law Enforcement
28 for deposit in the Criminal Justice Standards and Training
29 Trust Fund, and 8 percent of such money shall be deposited
30 into the Department of Law Enforcement Operating Trust Fund
31 and shall be disbursed to the Bureau of Public Safety
2
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 HB 1731
187-885-01
1 Management of the Department of Law Enforcement Community
2 Affairs.
3 (b) The funds deposited in the Criminal Justice
4 Standards and Training Trust Fund and the Department of Law
5 Enforcement Operating Trust Fund may be invested. Any interest
6 earned from investing such funds and any unencumbered funds
7 remaining at the end of the budget cycle shall remain in the
8 respective trust fund until the following year.
9 (c) All funds in the Criminal Justice Standards and
10 Training Trust Fund earmarked to the Department of Law
11 Enforcement shall be disbursed only in compliance with s.
12 943.25(9).
13 Section 2. Subsection (1) of section 943.25, Florida
14 Statutes, as amended by chapter 2000-171, Laws of Florida, is
15 amended to read:
16 943.25 Criminal justice trust funds; source of funds;
17 use of funds.--
18 (1) The Department of Law Enforcement Community
19 Affairs may approve, for disbursement from the Department of
20 Law Enforcement its Operating Trust Fund, those appropriated
21 sums necessary and required by the state for grant matching,
22 implementing, administering, evaluating, and qualifying for
23 such federal funds. Disbursements from the trust fund for the
24 purpose of supplanting state general revenue funds may not be
25 made without specific legislative appropriation.
26 Section 3. The Criminal Justice Program shall be
27 transferred from the Department of Community Affairs to the
28 Department of Law Enforcement by a type two transfer, pursuant
29 to s. 20.06(2), Florida Statutes. The Criminal Justice Program
30 so transferred is comprised of the Byrne State and Local Law
31 Enforcement Assistance Program, Local Law Enforcement Block
3
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 HB 1731
187-885-01
1 Grants, Drug-Free Communities Program, Residential Substance
2 Abuse Treatment of State Prisoners, the Bulletproof Vest
3 Program, the Guantanamo Bay Refugee and Entrant Assistance
4 Program, the National Criminal History Improvement Program,
5 and the Violent Offender Incarceration and Truth-in-Sentencing
6 Program.
7 Section 4. (1) The Prevention of Domestic and Sexual
8 Violence Program is transferred from the Department of
9 Community Affairs to the Department of Children and Family
10 Services by a type two transfer, pursuant to s. 20.06(2),
11 Florida Statutes. The Prevention of Domestic and Sexual
12 Violence Program so transferred is comprised of the Governor's
13 Task Force on Domestic and Sexual Violence and the Violence
14 Against Women Program.
15 (2) From the funds deposited into the Department of
16 Law Enforcement Operating Trust Fund pursuant to s.
17 938.01(1)(a)1. and 2., Florida Statutes, the Department of Law
18 Enforcement shall transfer funds to the Department of Children
19 and Family Services to be used as matching funds for the
20 administration of the Prevention of Domestic and Sexual
21 Violence Program transferred from the Department of Community
22 Affairs. The amount of the transfer for fiscal year 2001-2002
23 shall be determined by the Governor's Office of Planning and
24 Budgeting, in consultation with the Department of Community
25 Affairs, the Department of Law Enforcement, and the Department
26 of Children and Family Services, and shall be based on the
27 historic use of these funds and current needs of the
28 Prevention of Domestic and Sexual Violence Program. In
29 subsequent years, the transfer of funds shall be based on the
30 amount appropriated in the General Appropriations Act.
31
4
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 HB 1731
187-885-01
1 Section 5. This act shall take effect upon becoming a
2 law.
3
4 *****************************************
5 HOUSE SUMMARY
6
Transfers the Criminal Justice Program and the Prevention
7 of Domestic and Sexual Violence Program from the
Department of Community Affairs to the Department of Law
8 Enforcement and the Department of Children and Family
Services, respectively. Provides for transfer of funds.
9 Preserves certain funding functions scheduled for repeal
July 1, 2001. Provides matching funds for the
10 administration of the Prevention of Domestic and Sexual
Violence Program.
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
5
CODING: Words stricken are deletions; words underlined are additions.