Senate Bill sb0140

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    Florida Senate - 2004                                   SB 140

    By Senator Lynn





    7-65-04

  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, or a county ordinance, or any violation of chapter

29  316 which results in a payment of a fine or civil penalty.

30  Any person whose adjudication is withheld pursuant to s.

31  318.14(9) or (10) must be assessed such cost.  The $6

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    Florida Senate - 2004                                   SB 140
    7-65-04




 1  assessment for court costs shall be assessed in addition to

 2  any fine, civil penalty, or other court costs and may not be

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

 4  civil penalty which is received by a municipality in the

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

 6  318.21.  The $6 assessment shall be added to any civil penalty

 7  paid for a violation of chapter 316, whether such penalty is

 8  paid by mail, paid in person without request for a hearing, or

 9  paid after a hearing and determination by the court.  However,

10  the $6 assessment may 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.

14         (2)  Assessments collected by the clerk of the court

15  pursuant to this section, less 8 percent, which shall be

16  retained as fee income for the office of the clerk of the

17  circuit court, shall be deposited into an account specifically

18  designated for the operation and administration of the drug

19  court programs within such county, together with other moneys

20  that become available for establishing, operating, and

21  administering drug court programs under state law.

22         (3)  Assessments deposited into an account specifically

23  designated for the operation and administration of the drug

24  court programs within such county shall be administered by the

25  trial court administrator for the respective circuit under the

26  direction of the advisory committee appointed by the chief

27  judge in each circuit pursuant to ss. 948.08(7) and

28  985.306(2).

29         Section 2.  This act shall take effect July 1, 2004.

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    Florida Senate - 2004                                   SB 140
    7-65-04




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 2                          SENATE SUMMARY

 3    Provides funding for drug court programs through the
      assessment of an additional mandatory court cost of $6
 4    which is imposed by ordinance.  Provides for the
      collection and deposit of the assessment.  Provides for
 5    use of the assessment in administering the drug court
      programs.
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