Senate Bill sb1186c1
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Florida Senate - 2003 CS for SB 1186
By the Committee on Judiciary; and Senators Lynn and Fasano
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1 A bill to be entitled
2 An act relating to court costs; creating s.
3 938.20, F.S.; providing funding for drug court
4 programs through the assessment of an
5 additional mandatory court cost; providing for
6 the assessment to be imposed by ordinance
7 against persons convicted of a criminal
8 violation, a violation of a municipal or county
9 ordinance, or traffic violation resulting in
10 payment of a fine or penalty; providing for the
11 collection and deposit of the assessment;
12 providing for administration of the funds;
13 providing an effective date.
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15 Be It Enacted by the Legislature of the State of Florida:
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17 Section 1. Section 938.20, Florida Statutes, is
18 created to read:
19 938.20 Court costs for drug court programs.--
20 (1) Notwithstanding s. 318.121, in each county in
21 which a drug court program has been established under s.
22 397.334, a county may require by ordinance the assessment of a
23 mandatory cost in the sum of $6 which shall be assessed as a
24 court cost by both the circuit court and the county court in
25 the county against every person who pleads guilty or nolo
26 contendere to, or is convicted of, regardless of adjudication,
27 a violation of a state criminal statute, a municipal
28 ordinance, county ordinance, or any violation of chapter 316
29 which results in a payment of a fine or civil penalty. Any
30 person whose adjudication is withheld pursuant to s. 318.14(9)
31 or (10) must be assessed such cost. The $6 assessment for
1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for SB 1186
308-2469-03
1 court costs shall be assessed in addition to any fine, civil
2 penalty, or other court costs and may not be deducted from the
3 proceeds of that portion of any fine or civil penalty which is
4 received by a municipality in the county or by the county in
5 accordance with ss. 316.660 and 318.21. The $6 assessment
6 shall specifically be added to any civil penalty paid for a
7 violation of chapter 316, whether such penalty is paid by
8 mail, paid in person without request for a hearing, or paid
9 after a hearing and determination by the court. However, the
10 $6 assessment must not be made against a person for a
11 violation of any state statute, county ordinance, or municipal
12 ordinance relating to the parking of vehicles, with the
13 exception of a violation of the handicapped parking laws. The
14 clerk of the circuit court shall collect the respective $6
15 assessment for court costs established in this subsection and
16 shall monthly remit the same to an account specifically
17 designated for the operation and administration of the drug
18 court and which is under the authority of the trail court
19 administrator for the respective circuit, less 8 percent,
20 which is to be retained as fee income for the office of the
21 clerk of the circuit court.
22 (2) Assessments collected by the clerk of the court
23 pursuant to this section shall be deposited into an account
24 specifically designated for the operation and administration
25 of the drug court programs within such county, together with
26 other moneys as become available for establishing, operating,
27 and administering drug court programs under state law.
28 (3) Assessments deposited into an account specifically
29 designated for the operation and administration of the drug
30 court programs within such county shall be administered by the
31 trial court administrator for the respective circuit under the
2
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Florida Senate - 2003 CS for SB 1186
308-2469-03
1 direction of the advisory committee appointed by the chief
2 judge in each circuit pursuant to ss. 948.08(7) and
3 985.306(2).
4 Section 2. This act shall take effect upon becoming a
5 law.
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7 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
8 Senate Bill 1186
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10 Specifies who operates, administers and dispenses the $6
assessments deposited into the specifically designated account
11 for drug court programs.
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