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A bill to be entitled |
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An act relating to juvenile drug courts; amending s. |
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938.19, F.S.; providing for the creation of county |
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juvenile drug courts; providing for assessments for court |
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costs by circuit and county courts to be used for the |
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operation, administration, and programming of teen and |
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juvenile drug courts and providing for distribution of |
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such assessments; providing an effective date. |
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Be It Enacted by the Legislature of the State of Florida: |
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Section 1. Section 938.19, Florida Statutes, is amended |
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to read: |
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938.19 Teen courts; juvenile drug courts; operation,and |
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administration, and programming.--A teen court or a juvenile |
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drug court, or both, may be created at the discretion of the |
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county. Teen courts and juvenile drug courts created pursuant |
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to this section are court diversion programs for the purpose of |
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ss. 943.0582 and 985.21.Notwithstanding s. 318.121, in each |
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county in which a teen court or a juvenile drug courthas been |
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created, a county may adopt a mandatory cost to be assessed in |
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specific cases as provided for in subsection(1) by |
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incorporating by reference the provisions of this section in a |
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county ordinance. Assessments collected by the clerk of the |
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circuit court pursuant to this section shall be deposited into |
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an account specifically for the operation,and administration, |
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and programming of the teen court or juvenile drug court: |
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(1) A sum of $3, which shall be assessed as a court cost |
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by both the circuit court and the county court in the county |
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against every person who pleads guilty or nolo contendere to, |
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or is convicted of, regardless of adjudication, a violation of |
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a state criminal statute or a municipal ordinance or county |
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ordinance or who pays a fine or civil penalty for any violation |
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of chapter 316. Any person whose adjudication is withheld |
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pursuant to the provisions of s. 318.14(9) or (10) shall also |
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be assessed such cost. The $3 assessment for court costs shall |
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be assessed in addition to any fine, civil penalty, or other |
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court cost and shall not be deducted from the proceeds of that |
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portion of any fine or civil penalty which is received by a |
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municipality in the county or by the county in accordance with |
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ss. 316.660 and 318.21. The $3 assessment shall specifically be |
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added to any civil penalty paid for a violation of chapter 316, |
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whether such penalty is paid by mail, paid in person without |
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request for a hearing, or paid after hearing and determination |
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by the court. However, the $3 assessment shall not be made |
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against a person for a violation of any state statutes, county |
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ordinance, or municipal ordinance relating to the parking of |
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vehicles, with the exception of a violation of the handicapped |
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parking laws. The clerk of the circuit court shall collect the |
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respective $3 assessments for court costs established in this |
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subsection and shall remit the same to the teen court or |
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juvenile drug courtmonthly, less 5 percent, which is to be |
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retained as fee income of the office of the clerk of the |
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circuit court. If the county operates both a teen court and a |
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juvenile drug court, the chief judge of the circuit shall |
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specify to the clerk of the circuit court the amount to be |
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remitted to each program. |
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(2) Such other moneys as become available for |
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establishing and operating teen courts or juvenile drug courts |
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under the provisions of Florida law. |
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Section 2. This act shall take effect October 1, 2003. |