HB 1137 2003
1	CHAMBER ACTION
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6	The Committee on Judiciary recommends the following:
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8	Committee Substitute
9	Remove the entire bill and insert:
10	A bill to be entitled
11	An act relating to court costs; creating s. 938.20, F.S.;
12	providing funding for drug court programs through the
13	assessment of an additional mandatory court cost;
14	providing for the assessment to be imposed by ordinance
15	against persons convicted of a criminal violation, a
16	violation of a municipal or county ordinance, or a traffic
17	violation resulting in payment of a fine or penalty;
18	providing for administration of the funds; providing an
19	effective date.
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21	Be It Enacted by the Legislature of the State of Florida:
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23	Section 1. Section 938.20, Florida Statutes, is created to
24	read:
25	938.20 Court costs for drug court programs.--
26	(1) Notwithstanding s. 318.121, in each county in which a
27	drug court program has been established under s. 397.334, a
28	county may require by ordinance the assessment of a mandatory
29	cost in the sum of $6 which shall be assessed as a court cost by
30	both the circuit court and the county court in the county
31	against every person who pleads guilty or nolo contendere to, or
32	is convicted of, regardless of adjudication, a violation of a
33	state criminal statute, a municipal ordinance, a county
34	ordinance, or any violation of chapter 316 which results in a
35	payment of a fine or civil penalty. Any person whose
36	adjudication is withheld pursuant to s. 318.14(9) or (10) must
37	be assessed such cost. The $6 assessment for court costs shall
38	be assessed in addition to any fine, civil penalty, or other
39	court cost and may not be deducted from the proceeds of that
40	portion of any fine or civil penalty which is received by a
41	municipality in the county or by the county in accordance with
42	ss. 316.660 and 318.21. The $6 assessment shall specifically be
43	added to any civil penalty paid for a violation of chapter 316,
44	whether such penalty is paid by mail, paid in person without
45	request for a hearing, or paid after a hearing and determination
46	by the court. However, the $6 assessment must not be made
47	against a person for a violation of any state statute, county
48	ordinance, or municipal ordinance relating to the parking of
49	vehicles, with the exception of a violation of the handicapped
50	parking laws. The clerk of the circuit court shall collect the
51	respective $6 assessment for court costs established in this
52	subsection and shall monthly remit the same to an account
53	specifically designated for the operation and administration of
54	the drug court and which is under the authority of the trial
55	court administrator for the respective circuit, less 8 percent,
56	which is to be retained as fee income for the office of the
57	clerk of the circuit court.
58	(2) Assessments collected by the clerk of the court
59	pursuant to this section shall be deposited into an account
60	specifically designated for the operation and administration of
61	the drug court programs within such county, together with other
62	moneys that become available for establishing, operating, and
63	administering drug court programs under state law.
64	(3) Assessments deposited into an account specifically
65	designated for the operation and administration of the drug
66	court programs within such county shall be administered by the
67	trial court administrator for the respective circuit under the
68	direction of the advisory committee appointed by the chief judge
69	in each circuit pursuant to ss. 948.08(7) and 985.306(2).
70	Section 2. This act shall take effect upon becoming a law.