Senate Bill sb1328

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    Florida Senate - 2005                                  SB 1328

    By Senator Posey





    24-977A-05

  1                      A bill to be entitled

  2         An act relating to civil penalties; amending s.

  3         318.18, F.S.; authorizing a county to impose a

  4         surcharge on certain civil penalties to fund

  5         local participation in the public guardianship

  6         or guardian ad litem programs; prescribing

  7         prerequisites for imposing such surcharge;

  8         providing a limit on such surcharge; providing

  9         an effective date.

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

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13         Section 1.  Subsection (13) of section 318.18, Florida

14  Statutes, is amended to read:

15         318.18  Amount of civil penalties.--The penalties

16  required for a noncriminal disposition pursuant to s. 318.14

17  are as follows:

18         (13)  In addition to any penalties imposed for

19  noncriminal traffic infractions pursuant to this chapter or

20  imposed for criminal violations listed in s. 318.17, a board

21  of county commissioners or any unit of local government which

22  is consolidated as provided by s. 9, Art. VIII of the State

23  Constitution of 1885, as preserved by s. 6(e), Art. VIII of

24  the Constitution of 1968:

25         (a)1.  May impose by ordinance a surcharge of up to $15

26  for any infraction or violation to fund state court

27  facilities. The court may shall not waive this surcharge.

28         2.  May impose an additional $5 surcharge to fund the

29  county's participation in the guardian ad litem program under

30  chapter 39 or chapter 61 or the public guardianship program

31  under chapter 744, or both. Imposition of this surcharge must

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    Florida Senate - 2005                                  SB 1328
    24-977A-05




 1  be by vote of two-thirds of the board of county commissioners

 2  or pursuant to a referendum approved by the electors of the

 3  county. Before imposing the surcharge, the county commission

 4  must demonstrate that available revenue sources are

 5  insufficient to fund such participation. The court may not

 6  waive this surcharge.

 7         (b)  That imposed increased fees or service charges by

 8  ordinance under s. 28.2401, s. 28.241, or s. 34.041 for the

 9  purpose of securing payment of the principal and interest on

10  bonds issued by the county before July 1, 2003, to finance

11  state court facilities, may impose by ordinance a surcharge

12  for any infraction or violation for the exclusive purpose of

13  securing payment of the principal and interest on bonds issued

14  by the county before July 1, 2003, to fund state court

15  facilities until the date of stated maturity. The court may

16  shall not waive this surcharge. Such surcharge may not exceed

17  an amount per violation calculated as the quotient of the

18  maximum annual payment of the principal and interest on the

19  bonds as of July 1, 2003, divided by the number of traffic

20  citations for county fiscal year 2002-2003 certified as paid

21  by the clerk of the court of the county. Such quotient shall

22  be rounded up to the next highest dollar amount. The bonds may

23  be refunded only if savings will be realized on payments of

24  debt service and the refunding bonds are scheduled to mature

25  on the same date or before the bonds being refunded.

26  

27  A county may not impose both of the surcharges authorized

28  under both paragraph paragraphs (a) and paragraph (b)

29  concurrently.

30         Section 2.  This act shall take effect October 1, 2005.

31  

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    Florida Senate - 2005                                  SB 1328
    24-977A-05




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 2                          SENATE SUMMARY

 3    Authorizes a board of county commissioners to impose a $5
      surcharge on civil penalties to fund guardian ad litem
 4    and public guardianship programs when other revenue
      sources are inadequate. The imposition must be by
 5    majority vote plus one of the body or pursuant to
      referendum approval.
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