SENATE AMENDMENT
    Bill No. CS for CS for SB 248   Barcode 903668
    Amendment No. ___
                            CHAMBER ACTION
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11  Senator Saunders moved the following amendment:
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13         Senate Amendment (with title amendment) 
14         On page 16, between lines 2 and 3,
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16  insert:  
17         Section 8.  Subsection (1) of section 938.01, Florida
18  Statutes, as amended by section 40 of chapter 2000-171, Laws
19  of Florida, is 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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    2:00 PM   03/28/01                              s0248c2c-25b01

SENATE AMENDMENT Bill No. CS for CS for SB 248 Barcode 903668 Amendment No. ___ 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 2:00 PM 03/28/01 s0248c2c-25b01
SENATE AMENDMENT Bill No. CS for CS for SB 248 Barcode 903668 Amendment No. ___ 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 9. Subsection (1) of section 943.25, Florida 7 Statutes, as amended by section 42 of chapter 2000-171, Laws 8 of Florida, is 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 10. The Criminal Justice Program is 20 transferred from the Department of Community Affairs to the 21 Department of Law Enforcement by a type two transfer, pursuant 22 to section 20.06(2), Florida Statutes. The Criminal Justice 23 Program so transferred is comprised of the Byrne State and 24 Local Law Enforcement Assistance Program, Local Law 25 Enforcement Block Grants, the Drug-Free Communities Program, 26 Residential Substance Abuse Treatment for State Prisoners, the 27 Bulletproof Vest Program, the Guantanamo Bay Refugee and 28 Entrant Assistance Program, the National Criminal History 29 Improvement Program, and the Violent Offender Incarceration 30 and Truth-in-Sentencing Program. 31 Section 11. The Department of Law Enforcement may 3 2:00 PM 03/28/01 s0248c2c-25b01
SENATE AMENDMENT Bill No. CS for CS for SB 248 Barcode 903668 Amendment No. ___ 1 adopt rules necessary for the operation of the criminal 2 justice program. 3 Section 12. (1) The Prevention of Domestic and Sexual 4 Violence Program is transferred from the Department of 5 Community Affairs to the Department of Children and Family 6 Services by a type two transfer, pursuant to section 20.06(2), 7 Florida Statutes. The Domestic and Sexual Violence Program so 8 transferred is comprised of the Governor's Task Force on 9 Domestic and Sexual Violence and the Violence Against Women 10 Program. 11 (2) From the funds deposited into the Department of 12 Law Enforcement Operating Trust Fund pursuant to section 13 938.01(1)(a)1. and 2., Florida Statutes, the Department of Law 14 Enforcement shall transfer funds to the Department of Children 15 and Family Services to be used as matching funds for the 16 administration of the Prevention of Domestic and Sexual 17 Violence Program transferred from the Department of Community 18 Affairs. The amount of the transfer for fiscal year 2001-2002 19 shall be determined by the Governor's Office of Planning and 20 Budgeting in consultation with the Department of Community 21 Affairs, the Department of Law Enforcement, and the Department 22 of Children and Family Services and shall be based on the 23 historic use of these funds and current needs of the 24 Prevention of Domestic and Sexual Violence Program. In 25 subsequent years, the transfer of funds shall be based on the 26 amount appropriated. 27 28 (Redesignate subsequent sections.) 29 30 31 4 2:00 PM 03/28/01 s0248c2c-25b01
SENATE AMENDMENT Bill No. CS for CS for SB 248 Barcode 903668 Amendment No. ___ 1 ================ T I T L E A M E N D M E N T =============== 2 And the title is amended as follows: 3 On page 1, line 19, after the semicolon 4 5 insert: 6 amending s. 938.01, F.S.; providing for 7 distribution of court costs to the Department 8 of Law Enforcement Operating Trust Fund; 9 amending s. 943.25, F.S.; authorizing the 10 Department of Law Enforcement to disburse funds 11 from its Operating Trust Fund for certain 12 purposes; providing a transfer of the Criminal 13 Justice Program from the Department of 14 Community Affairs to the Department of Law 15 Enforcement; providing for the latter 16 department to adopt rules relating to the 17 program; providing a transfer of the Prevention 18 of Domestic and Sexual Violence Program from 19 the Department of Community Affairs to the 20 Department of Children and Family Services; 21 providing a transfer of moneys from the 22 Department of Law Enforcement Operating Trust 23 Fund to the Department of Community Affairs; 24 25 26 27 28 29 30 31 5 2:00 PM 03/28/01 s0248c2c-25b01