SENATE AMENDMENT
    Bill No. SB 1980
    Amendment No. ___   Barcode 850310
                            CHAMBER ACTION
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11  Senator Burt moved the following amendment:
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13         Senate Amendment (with title amendment) 
14         Delete everything after the enacting clause
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16  and insert:  
17         Section 1.  Subsection (1) of section 938.01, Florida
18  Statutes, as amended by chapter 2000-171, Laws of Florida, is
19  amended to read:
20         938.01  Additional Court Cost Clearing Trust Fund.--
21         (1)  All courts created by Art. V of the State
22  Constitution shall, in addition to any fine or other penalty,
23  assess $3 as a court cost against every person convicted for
24  violation of a state penal or criminal statute or convicted
25  for violation of a municipal or county ordinance. Any person
26  whose adjudication is withheld pursuant to the provisions of
27  s. 318.14(9) or (10) shall also be assessed such cost. In
28  addition, $3 from every bond estreature or forfeited bail bond
29  related to such penal statutes or penal ordinances shall be
30  forwarded to the Treasurer as described in this subsection.
31  However, no such assessment may be made against any person
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    10:35 AM   05/03/01                               s1980c-16j01

SENATE AMENDMENT Bill No. SB 1980 Amendment No. ___ Barcode 850310 1 convicted for violation of any state statute, municipal 2 ordinance, or county ordinance relating to the parking of 3 vehicles. 4 (a) All such costs collected by the courts shall be 5 remitted to the Department of Revenue, in accordance with 6 administrative rules adopted by the executive director of the 7 Department of Revenue, for deposit in the Additional Court 8 Cost Clearing Trust Fund and shall be earmarked to the 9 Department of Law Enforcement and the Department of Community 10 Affairs for distribution as follows: 11 1. Two dollars and seventy-five cents of each $3 12 assessment shall be deposited in the Criminal Justice 13 Standards and Training Trust Fund, and the remaining 25 cents 14 of each such assessment shall be deposited into the Department 15 of Law Enforcement Operating Trust Fund and shall be disbursed 16 to the Bureau of Public Safety Management of the Department of 17 Law Enforcement Community Affairs. 18 2. Ninety-two percent of the money distributed to the 19 Additional Court Cost Clearing Trust Fund pursuant to s. 20 318.21 shall be earmarked to the Department of Law Enforcement 21 for deposit in the Criminal Justice Standards and Training 22 Trust Fund, and 8 percent of such money shall be deposited 23 into the Department of Law Enforcement Operating Trust Fund 24 and shall be disbursed to the Bureau of Public Safety 25 Management of the Department of Law Enforcement Community 26 Affairs. 27 (b) The funds deposited in the Criminal Justice 28 Standards and Training Trust Fund and the Department of Law 29 Enforcement Operating Trust Fund may be invested. Any interest 30 earned from investing such funds and any unencumbered funds 31 remaining at the end of the budget cycle shall remain in the 2 10:35 AM 05/03/01 s1980c-16j01
SENATE AMENDMENT Bill No. SB 1980 Amendment No. ___ Barcode 850310 1 respective trust fund until the following year. 2 (c) All funds in the Criminal Justice Standards and 3 Training Trust Fund earmarked to the Department of Law 4 Enforcement shall be disbursed only in compliance with s. 5 943.25(9). 6 Section 2. Subsection (1) of section 943.25, Florida 7 Statutes, as amended by chapter 2000-171, Laws of Florida, is 8 amended to read: 9 943.25 Criminal justice trust funds; source of funds; 10 use of funds.-- 11 (1) The Department of Law Enforcement Community 12 Affairs may approve, for disbursement from the Department of 13 Law Enforcement its Operating Trust Fund, those appropriated 14 sums necessary and required by the state for grant matching, 15 implementing, administering, evaluating, and qualifying for 16 such federal funds. Disbursements from the trust fund for the 17 purpose of supplanting state general revenue funds may not be 18 made without specific legislative appropriation. 19 Section 3. The Criminal Justice Program shall be 20 transferred from the Department of Community Affairs to the 21 Department of Law Enforcement by a type two transfer, pursuant 22 to s. 20.06(2), Florida Statutes. The Criminal Justice Program 23 so transferred is comprised of the Byrne State and Local Law 24 Enforcement Assistance Program, Local Law Enforcement Block 25 Grants, Drug-Free Communities Program, Residential Substance 26 Abuse Treatment of State Prisoners, the Bulletproof Vest 27 Program, the Guantanamo Bay Refugee and Entrant Assistance 28 Program, the National Criminal History Improvement Program, 29 and the Violent Offender Incarceration and Truth-in-Sentencing 30 Program. 31 Section 4. (1) The Prevention of Domestic and Sexual 3 10:35 AM 05/03/01 s1980c-16j01
SENATE AMENDMENT Bill No. SB 1980 Amendment No. ___ Barcode 850310 1 Violence Program is transferred from the Department of 2 Community Affairs to the Department of Children and Family 3 Services by a type two transfer, pursuant to s. 20.06(2), 4 Florida Statutes. The Prevention of Domestic and Sexual 5 Violence Program so transferred is comprised of the Governor's 6 Task Force on Domestic and Sexual Violence and the Violence 7 Against Women Program. 8 (2) From the funds deposited into the Department of 9 Law Enforcement Operating Trust Fund pursuant to s. 10 938.01(1)(a)1. and 2., Florida Statutes, the Department of Law 11 Enforcement shall transfer funds to the Department of Children 12 and Family Services to be used as matching funds for the 13 administration of the Prevention of Domestic and Sexual 14 Violence Program transferred from the Department of Community 15 Affairs. The amount of the transfer for fiscal year 2001-2002 16 shall be determined by the Governor's Office of Planning and 17 Budgeting, in consultation with the Department of Community 18 Affairs, the Department of Law Enforcement, and the Department 19 of Children and Family Services, and shall be based on the 20 historic use of these funds and current needs of the 21 Prevention of Domestic and Sexual Violence Program. In 22 subsequent years, the transfer of funds shall be based on the 23 amount appropriated in the General Appropriations Act. 24 Section 5. This act shall take effect upon becoming a 25 law. 26 27 28 ================ T I T L E A M E N D M E N T =============== 29 And the title is amended as follows: 30 Delete everything before the enacting clause 31 4 10:35 AM 05/03/01 s1980c-16j01
SENATE AMENDMENT Bill No. SB 1980 Amendment No. ___ Barcode 850310 1 and insert: 2 A bill to be entitled 3 An act relating to the transfer of criminal 4 justice programs; amending ss. 938.01 and 5 943.25, F.S., relating to the Court Cost 6 Clearing Trust Fund and criminal justice trust 7 funds; preserving certain funding functions 8 scheduled for repeal on July 1, 2001, relating 9 to deposit of certain funds for use by the 10 Department of Law Enforcement rather than the 11 Department of Community Affairs; transferring 12 the Criminal Justice Program from the 13 Department of Community Affairs to the 14 Department of Law Enforcement; transferring the 15 Prevention of Domestic and Sexual Violence 16 Program from the Department of Community 17 Affairs to the Department of Children and 18 Family Services and providing matching funds 19 for the administration of such program; 20 providing for transfer of funds; providing an 21 effective date. 22 23 24 25 26 27 28 29 30 31 5 10:35 AM 05/03/01 s1980c-16j01