HB 1137 2003
1	A bill to be entitled
2	An act relating to court costs; creating s. 938.20, F.S.;
3	providing funding for drug court programs through the
4	assessment of an additional mandatory court cost;
5	providing for the assessment to be imposed by ordinance
6	against persons convicted of a criminal violation, a
7	violation of a municipal or county ordinance, or a traffic
8	violation resulting in payment of a fine or penalty;
9	providing an effective date.
10
11	Be It Enacted by the Legislature of the State of Florida:
12
13	Section 1. Section 938.20, Florida Statutes, is created to
14	read:
15	938.20 Court costs for drug court programs.--
16	(1) Notwithstanding s. 318.121, in each county in which a
17	drug court program has been established under s. 397.334, a
18	county may require by ordinance the assessment of a mandatory
19	cost in the sum of $6 which shall be assessed as a court cost by
20	both the circuit court and the county court in the county
21	against every person who pleads guilty or nolo contendere to, or
22	is convicted of, regardless of adjudication, a violation of a
23	state criminal statute, a municipal ordinance, a county
24	ordinance, or any violation of chapter 316 which results in a
25	payment of a fine or civil penalty. Any person whose
26	adjudication is withheld pursuant to s. 318.14(9) or (10) must
27	be assessed such cost. The $6 assessment for court costs shall
28	be assessed in addition to any fine, civil penalty, or other
29	court cost and may not be deducted from the proceeds of that
30	portion of any fine or civil penalty which is received by a
31	municipality in the county or by the county in accordance with
32	ss. 316.660 and 318.21. The $6 assessment shall specifically be
33	added to any civil penalty paid for a violation of chapter 316,
34	whether such penalty is paid by mail, paid in person without
35	request for a hearing, or paid after a hearing and determination
36	by the court. However, the $6 assessment must not be made
37	against a person for a violation of any state statute, county
38	ordinance, or municipal ordinance relating to the parking of
39	vehicles, with the exception of a violation of the handicapped
40	parking laws. The clerk of the circuit court shall collect the
41	respective $6 assessment for court costs established in this
42	subsection and shall remit the assessment to the drug court
43	monthly, less 8 percent which is to be retained as fee income
44	for the office of the clerk of the circuit court.
45	(2) Assessments collected by the clerk of the circuit
46	court pursuant to this section shall be deposited into an
47	account specifically for the operation and administration of the
48	drug court programs within such county, together with other
49	moneys as become available for establishing, operating, and
50	administering drug court programs under state law.
51	Section 2. This act shall take effect upon becoming a law.