Senate Bill sb1980

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    Florida Senate - 2001                                  SB 1980

    By Senator Burt





    16-844-01

  1                      A bill to be entitled

  2         An act relating to criminal justice programs;

  3         amending ss. 938.01, 943.25, F.S.; providing

  4         for deposit of certain court-cost proceeds into

  5         the Department of Law Enforcement Operating

  6         Trust Fund; prescribing authorized uses of

  7         assets in such fund; transferring the criminal

  8         justice program of the Department of Community

  9         Affairs to the Department of Law Enforcement;

10         providing for the latter department to adopt

11         rules relating to the program; transferring the

12         Prevention of Domestic and Sexual Violence

13         Program from the Department of Community

14         Affairs to the Department of Children and

15         Family Services; providing for funding the

16         program; providing an effective date.

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18  Be It Enacted by the Legislature of the State of Florida:

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20         Section 1.  Subsection (1) of section 938.01, Florida

21  Statutes, is amended to read:

22         938.01  Additional Court Cost Clearing Trust Fund.--

23         (1)  All courts created by Art. V of the State

24  Constitution shall, in addition to any fine or other penalty,

25  assess $3 as a court cost against every person convicted for

26  violation of a state penal or criminal statute or convicted

27  for violation of a municipal or county ordinance. Any person

28  whose adjudication is withheld pursuant to the provisions of

29  s. 318.14(9) or (10) shall also be assessed such cost. In

30  addition, $3 from every bond estreature or forfeited bail bond

31  related to such penal statutes or penal ordinances shall be

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    Florida Senate - 2001                                  SB 1980
    16-844-01




  1  forwarded to the Treasurer as described in this subsection.

  2  However, no such assessment may be made against any person

  3  convicted for violation of any state statute, municipal

  4  ordinance, or county ordinance relating to the parking of

  5  vehicles.

  6         (a)  All such costs collected by the courts shall be

  7  remitted to the Department of Revenue, in accordance with

  8  administrative rules adopted by the executive director of the

  9  Department of Revenue, for deposit in the Additional Court

10  Cost Clearing Trust Fund and shall be earmarked to the

11  Department of Law Enforcement and the Department of Community

12  Affairs for distribution as follows:

13         1.  Two dollars and seventy-five cents of each $3

14  assessment shall be deposited in the Criminal Justice

15  Standards and Training Trust Fund, and the remaining 25 cents

16  of each such assessment shall be deposited into the Department

17  of Law Enforcement Operating Trust Fund and shall be disbursed

18  to the Bureau of Public Safety Management of the Department of

19  Law Enforcement Community Affairs.

20         2.  Ninety-two percent of the money distributed to the

21  Additional Court Cost Clearing Trust Fund pursuant to s.

22  318.21 shall be earmarked to the Department of Law Enforcement

23  for deposit in the Criminal Justice Standards and Training

24  Trust Fund, and 8 percent of such money shall be deposited

25  into the Department of Law Enforcement Operating Trust Fund

26  and shall be disbursed to the Bureau of Public Safety

27  Management of the Department of Law Enforcement Community

28  Affairs.

29         (b)  The funds deposited in the Criminal Justice

30  Standards and Training Trust Fund and the Department of Law

31  Enforcement Operating Trust Fund may be invested. Any interest

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    Florida Senate - 2001                                  SB 1980
    16-844-01




  1  earned from investing such funds and any unencumbered funds

  2  remaining at the end of the budget cycle shall remain in the

  3  respective trust fund until the following year.

  4         (c)  All funds in the Criminal Justice Standards and

  5  Training Trust Fund earmarked to the Department of Law

  6  Enforcement shall be disbursed only in compliance with s.

  7  943.25(9).

  8         Section 2.  Subsection (1) of section 943.25, Florida

  9  Statutes, is amended to read:

10         943.25  Criminal justice trust funds; source of funds;

11  use of funds.--

12         (1)  The Department of Law Enforcement Community

13  Affairs may approve, for disbursement from the Department of

14  Law Enforcement its Operating Trust Fund, those appropriated

15  sums necessary and required by the state for grant matching,

16  implementing, administering, evaluating, and qualifying for

17  such federal funds. Disbursements from the trust fund for the

18  purpose of supplanting state general revenue funds may not be

19  made without specific legislative appropriation.

20         Section 3.  The criminal justice program of the

21  Department of Community Affairs is transferred to the

22  Department of Law Enforcement by a type two transfer, as

23  defined in section 20.06, Florida Statutes. The criminal

24  justice program so transferred is composed of the Byrne State

25  and Local Law Enforcement Assistance Program, local law

26  enforcement block grants, the Drug-Free Communities Program,

27  residential substance-abuse treatment of state prisoners, the

28  bulletproof vest program, the Guantanamo Bay Refugee and

29  Entrant Assistance Program, the national criminal history

30  improvement program, and the Violent Offender Incarceration

31  and Truth-in-Sentencing Program.

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    Florida Senate - 2001                                  SB 1980
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  1         Section 4.  The Department of Law Enforcement may adopt

  2  rules necessary for the operation of the criminal justice

  3  program.

  4         Section 5.  (1)  The Prevention of Domestic and Sexual

  5  Violence Program is transferred from the Department of

  6  Community Affairs to the Department of Children and Family

  7  Services by a type two transfer, as defined in section 20.06,

  8  Florida Statutes. The Domestic and Sexual Violence Program so

  9  transferred is composed of the Governor's Task Force on

10  Domestic and Sexual Violence and the Violence Against Women

11  Program.

12         (2)  From the funds deposited into the Department of

13  Law Enforcement Operating Trust Fund pursuant to section

14  938.01(1)(a)1. and 2., Florida Statutes, the Department of Law

15  Enforcement shall transfer funds to the Department of Children

16  and Family Services to be used as matching funds for the

17  administration of the Prevention of Domestic and Sexual

18  Violence Program transferred from the Department of Community

19  Affairs. The amount of the transfer for fiscal year 2001-2002

20  shall be determined by the Governor's Office of Planning and

21  Budgeting in consultation with the Department of Community

22  Affairs, the Department of Law Enforcement, and the Department

23  of Children and Family Services and shall be based on the

24  historic use of these funds and current needs of the

25  Prevention of Domestic and Sexual Violence Program. In

26  subsequent years, the transfer of funds shall be based on the

27  amount appropriated.

28         Section 6.  This act shall take effect July 1, 2001.

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    Florida Senate - 2001                                  SB 1980
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  2                          SENATE SUMMARY

  3    Provides indefinite effect for certain formerly temporary
      changes in the disposition of court-cost proceeds.
  4    Proceeds will be deposited into the Department of Law
      Enforcement Operating Trust Fund in lieu of being
  5    disbursed to the Bureau of Public Safety Management of
      the Department of Community Affairs. Those moneys may be
  6    used for grant matching and other purposes relating to
      qualification for federal funds. Transfers the criminal
  7    justice program of the Department of Community Affairs to
      the Department of Law Enforcement and authorizes the
  8    latter department to adopt rules relating to the program.
      Transfers the Prevention of Domestic and Sexual Violence
  9    Program from the Department of Community Affairs to the
      Department of Children and Family Services and provides
10    for funding the program.

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