HB 0961 2003
   
1 A bill to be entitled
2          An act relating to juvenile drug courts; amending s.
3    938.19, F.S.; providing for the creation of county
4    juvenile drug courts; providing for assessments for court
5    costs by circuit and county courts to be used for the
6    operation, administration, and programming of teen and
7    juvenile drug courts and providing for distribution of
8    such assessments; providing an effective date.
9         
10          Be It Enacted by the Legislature of the State of Florida:
11         
12          Section 1. Section 938.19, Florida Statutes, is amended
13    to read:
14          938.19 Teen courts; juvenile drug courts; operation,and
15    administration, and programming.--A teen court or a juvenile
16    drug court, or both, may be created at the discretion of the
17    county. Teen courts and juvenile drug courts created pursuant
18    to this section are court diversion programs for the purpose of
19    ss. 943.0582 and 985.21.Notwithstanding s. 318.121, in each
20    county in which a teen court or a juvenile drug courthas been
21    created, a county may adopt a mandatory cost to be assessed in
22    specific cases as provided for in subsection(1) by
23    incorporating by reference the provisions of this section in a
24    county ordinance. Assessments collected by the clerk of the
25    circuit court pursuant to this section shall be deposited into
26    an account specifically for the operation,and administration,
27    and programming of the teen court or juvenile drug court:
28          (1) A sum of $3, which shall be assessed as a court cost
29    by both the circuit court and the county court in the county
30    against every person who pleads guilty or nolo contendere to,
31    or is convicted of, regardless of adjudication, a violation of
32    a state criminal statute or a municipal ordinance or county
33    ordinance or who pays a fine or civil penalty for any violation
34    of chapter 316. Any person whose adjudication is withheld
35    pursuant to the provisions of s. 318.14(9) or (10) shall also
36    be assessed such cost. The $3 assessment for court costs shall
37    be assessed in addition to any fine, civil penalty, or other
38    court cost and shall not be deducted from the proceeds of that
39    portion of any fine or civil penalty which is received by a
40    municipality in the county or by the county in accordance with
41    ss. 316.660 and 318.21. The $3 assessment shall specifically be
42    added to any civil penalty paid for a violation of chapter 316,
43    whether such penalty is paid by mail, paid in person without
44    request for a hearing, or paid after hearing and determination
45    by the court. However, the $3 assessment shall not be made
46    against a person for a violation of any state statutes, county
47    ordinance, or municipal ordinance relating to the parking of
48    vehicles, with the exception of a violation of the handicapped
49    parking laws. The clerk of the circuit court shall collect the
50    respective $3 assessments for court costs established in this
51    subsection and shall remit the same to the teen court or
52    juvenile drug courtmonthly, less 5 percent, which is to be
53    retained as fee income of the office of the clerk of the
54    circuit court. If the county operates both a teen court and a
55    juvenile drug court, the chief judge of the circuit shall
56    specify to the clerk of the circuit court the amount to be
57    remitted to each program.
58          (2) Such other moneys as become available for
59    establishing and operating teen courts or juvenile drug courts
60    under the provisions of Florida law.
61          Section 2. This act shall take effect October 1, 2003.