Senate Bill sb1816

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    Florida Senate - 2004                                  SB 1816

    By Senator Campbell





    32-882-04

  1                      A bill to be entitled

  2         An act relating to civil penalties; amending s.

  3         318.18, F.S.; imposing additional court costs

  4         for certain infractions; providing a

  5         limitation; providing for the use of proceeds

  6         from such court costs; amending s. 318.21,

  7         F.S.; requiring the clerk of the court to

  8         collect and distribute such additional court

  9         costs; authorizing funding for certain civil

10         traffic infraction hearing officer programs;

11         providing an effective date.

12  

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

14  

15         Section 1.  Subsection (11) of section 318.18, Florida

16  Statutes, as amended by section 99 of chapter 2003-402, Laws

17  of Florida, is amended to read:

18         318.18  Amount of civil penalties.--The penalties

19  required for a noncriminal disposition pursuant to s. 318.14

20  are as follows:

21         (11)(a)  Court costs that are to be in addition to the

22  stated fine must be paid in an amount not less than the

23  following and shall be deposited by the clerk into the fine

24  and forfeiture fund established pursuant to s. 142.01:

25  

26  For pedestrian infractions................................$ 3.

27  For nonmoving traffic infractions........................$ 16.

28  For moving traffic infractions...........................$ 30.

29  

30         (b)  In addition to the court cost required under

31  paragraph (a), the following court costs must be paid:

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    Florida Senate - 2004                                  SB 1816
    32-882-04




 1         1.  A $3 court cost must be paid for each infraction to

 2  be distributed as provided in s. 938.01; and

 3         2.  A $3 court cost to fund the county traffic court

 4  program which shall be used exclusively to operate the traffic

 5  court program;

 6         3.  A $2 court cost as provided in s. 938.15 when

 7  assessed by a municipality or county.

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 9  Court costs imposed under this subsection may not exceed $35

10  per infraction. A criminal justice selection center or other

11  local criminal justice access and assessment centers may be

12  funded from nondesignated court costs collected pursuant to

13  this section.

14         Section 2.  Subsection (13) is added to section 318.21,

15  Florida Statutes, to read:

16         318.21  Disposition of civil penalties by county

17  courts.--All civil penalties received by a county court

18  pursuant to the provisions of this chapter shall be

19  distributed and paid monthly as follows:

20         (13)  The clerk of the court shall collect and

21  distribute additional court costs for traffic and pedestrian

22  infractions as provided in s. 318.18(11)(b).

23         Section 3.  (1)  Counties that participate in civil

24  traffic infraction hearing officer programs approved by the

25  Supreme Court shall receive funding for such programs pursuant

26  to section 318.18(11)(b), Florida Statutes.

27         (2)  Traffic hearing officers shall be referred to as

28  traffic magistrates.

29         Section 4.  This act shall take effect July 1, 2004.

30  

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    Florida Senate - 2004                                  SB 1816
    32-882-04




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 2                          SENATE SUMMARY

 3    Imposes additional court costs for certain infractions
      and specifies the uses of the proceeds. Requires the
 4    clerk of the court to collect such costs. Authorizes the
      use of specific court costs to fund civil traffic
 5    infraction hearing officer programs.

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