Senate Bill sb1622

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2003                                  SB 1622

    By Senator Aronberg





    27-1334-03                                              See HB

  1                      A bill to be entitled

  2         An act relating to juvenile drug courts;

  3         amending s. 938.19, F.S.; providing for the

  4         creation of county juvenile drug courts;

  5         providing for assessments for court costs by

  6         circuit and county courts to be used for the

  7         operation, administration, and programming of

  8         teen and juvenile drug courts and providing for

  9         distribution of such assessments; providing an

10         effective date.

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

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14         Section 1.  Section 938.19, Florida Statutes, is

15  amended to read:

16         938.19  Teen courts; juvenile drug courts; operation,

17  and administration, and programming.--A teen court or a

18  juvenile drug court, or both, may be created at the discretion

19  of the county. Teen courts and juvenile drug courts created

20  pursuant to this section are court diversion programs for the

21  purpose of ss. 943.0582 and 985.21. Notwithstanding s.

22  318.121, in each county in which a teen court or a juvenile

23  drug court has been created, a county may adopt a mandatory

24  cost to be assessed in specific cases as provided for in

25  subsection(1) by incorporating by reference the provisions of

26  this section in a county ordinance. Assessments collected by

27  the clerk of the circuit court pursuant to this section shall

28  be deposited into an account specifically for the operation,

29  and administration, and programming of the teen court or

30  juvenile drug court:

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                                  SB 1622
    27-1334-03                                              See HB




  1         (1)  A sum of $3, which shall be assessed as a court

  2  cost by both the circuit court and the county court in the

  3  county against every person who pleads guilty or nolo

  4  contendere to, or is convicted of, regardless of adjudication,

  5  a violation of a state criminal statute or a municipal

  6  ordinance or county ordinance or who pays a fine or civil

  7  penalty for any violation of chapter 316. Any person whose

  8  adjudication is withheld pursuant to the provisions of s.

  9  318.14(9) or (10) shall also be assessed such cost. The $3

10  assessment for court costs shall be assessed in addition to

11  any fine, civil penalty, or other court cost and shall not be

12  deducted from the proceeds of that portion of any fine or

13  civil penalty which is received by a municipality in the

14  county or by the county in accordance with ss. 316.660 and

15  318.21. The $3 assessment shall specifically be added to any

16  civil penalty paid for a violation of chapter 316, whether

17  such penalty is paid by mail, paid in person without request

18  for a hearing, or paid after hearing and determination by the

19  court. However, the $3 assessment shall not be made against a

20  person for a violation of any state statutes, county

21  ordinance, or municipal ordinance relating to the parking of

22  vehicles, with the exception of a violation of the handicapped

23  parking laws. The clerk of the circuit court shall collect the

24  respective $3 assessments for court costs established in this

25  subsection and shall remit the same to the teen court or

26  juvenile drug court monthly, less 5 percent, which is to be

27  retained as fee income of the office of the clerk of the

28  circuit court. If the county operates both a teen court and a

29  juvenile drug court, the chief judge of the circuit shall

30  specify to the clerk of the circuit court the amount to be

31  remitted to each program.

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                                  SB 1622
    27-1334-03                                              See HB




  1         (2)  Such other moneys as become available for

  2  establishing and operating teen courts or juvenile drug courts

  3  under the provisions of Florida law.

  4         Section 2.  This act shall take effect October 1, 2003.

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CODING: Words stricken are deletions; words underlined are additions.