HB 0133 2004
1	A bill to be entitled
2	An act relating to court costs; creating s. 938.20, F.S.;
3	providing funding for drug court programs through the
4	assessment of an additional mandatory court cost;
5	providing for the assessment to be imposed by ordinance
6	against persons convicted of a criminal violation, a
7	violation of a municipal or county ordinance, or a traffic
8	violation resulting in payment of a fine or penalty;
9	providing for the collection and deposit of the
10	assessment; providing for administration of the funds;
11	providing an effective date.
12
13	Be It Enacted by the Legislature of the State of Florida:
14
15	Section 1. Section 938.20, Florida Statutes, is created to
16	read:
17	938.20 Court costs for drug court programs.--
18	(1) Notwithstanding s. 318.121, in each county in which a
19	drug court program has been established under s. 397.334, a
20	county may require by ordinance the assessment of a mandatory
21	cost in the sum of $6 which shall be assessed as a court cost by
22	both the circuit court and the county court in the county
23	against every person who pleads guilty or nolo contendere to, or
24	is convicted of, regardless of adjudication, a violation of a
25	state criminal statute, a municipal ordinance, or a county
26	ordinance, or any violation of chapter 316 which results in a
27	payment of a fine or civil penalty. Any person whose
28	adjudication is withheld pursuant to s. 318.14(9) or (10) must
29	be assessed such cost. The $6 assessment for court costs shall
30	be assessed in addition to any fine, civil penalty, or other
31	court costs and may not be deducted from the proceeds of that
32	portion of any fine or civil penalty which is received by a
33	municipality in the county or by the county in accordance with
34	ss. 316.660 and 318.21. The $6 assessment shall be added to any
35	civil penalty paid for a violation of chapter 316, whether such
36	penalty is paid by mail, paid in person without request for a
37	hearing, or paid after a hearing and determination by the court.
38	However, the $6 assessment may not be made against a person for
39	a violation of any state statute, county ordinance, or municipal
40	ordinance relating to the parking of vehicles, with the
41	exception of a violation of the handicapped parking laws.
42	(2) Assessments collected by the clerk of the court
43	pursuant to this section, less 8 percent, which shall be
44	retained as fee income for the office of the clerk of the
45	circuit court, shall be deposited into an account specifically
46	designated for the operation and administration of the drug
47	court programs within such county, together with other moneys
48	that become available for establishing, operating, and
49	administering drug court programs under state law.
50	(3) Assessments deposited into an account specifically
51	designated for the operation and administration of the drug
52	court programs within such county shall be administered by the
53	trial court administrator for the respective circuit under the
54	direction of the advisory committee appointed by the chief judge
55	in each circuit pursuant to ss. 948.08(7) and 985.306(2).
56	Section 2. This act shall take effect July 1, 2004.