HB 1511

1
A bill to be entitled
2An act relating to teen courts; amending s. 938.17, F.S.;
3authorizing a board of county commissioners to adopt an
4ordinance that incorporates the provisions of the act;
5providing funding for a teen court through the assessment
6of an additional court cost against each person who pleads
7guilty or nolo contendere to, or is convicted of, a
8violation of a criminal law, an ordinance, or a traffic
9offense in the county; providing exceptions; providing for
10administration by the clerk of the circuit court;
11authorizing the clerk of the circuit court to retain a
12specified percentage of the assessments collected;
13requiring the teen court to account for all funds
14deposited into the teen court account; requiring a report
15to the board of county commissioners by a specified date;
16providing for administration of a teen court; providing an
17effective date.
18
19Be It Enacted by the Legislature of the State of Florida:
20
21     Section 1.  Section 938.17, Florida Statutes, is amended to
22read:
23     938.17  County delinquency prevention; juvenile assessment
24centers and school board suspension programs; teen courts.--
25     (1)(a)  Prior to the use of costs received pursuant to s.
26939.185, the sheriff's office of the county must be a partner in
27a written agreement with the Department of Juvenile Justice to
28participate in a juvenile assessment center or with the district
29school board to participate in a suspension program.
30     (b)(2)  Assessments collected by clerks of the circuit
31courts comprised of more than one county shall remit the funds
32collected pursuant to s. 939.185 to the county in which the
33offense at issue was committed for deposit and disbursement.
34     (c)(3)  Any other funds the sheriff's office obtains for
35the implementation or operation of an assessment center or
36suspension program may be deposited into the designated account
37for disbursement to the sheriff as needed.
38     (d)(4)  A sheriff's office that receives proceeds pursuant
39to s. 939.185 shall account for all funds annually by August 1
40in a written report to the juvenile justice county council if
41funds are used for assessment centers, and to the district
42school board if funds are used for suspension programs.
43     (2)(a)  Notwithstanding s. 318.121, in each county in which
44a teen court has been created, the board of county commissioners
45may adopt a mandatory cost to be assessed in specific cases by
46incorporating by reference the provisions of this subsection in
47a county ordinance. Assessments collected by the clerk of the
48circuit court under this subsection shall be deposited into an
49account specifically for the operation and administration of the
50teen court.
51     (b)  A sum of $3 shall be assessed as a court cost in the
52circuit and county court in the county against each person who
53pleads guilty or nolo contendere to, or is convicted of,
54regardless of adjudication, a violation of a criminal law or a
55municipal ordinance or a county ordinance or who pays a fine or
56civil penalty for any violation of chapter 316. Any person whose
57adjudication is withheld under s. 318.14(9) or (10) shall also
58be assessed the cost.
59     (c)  The $3 assessment shall be assessed in addition to any
60fine, civil penalty, or other court cost and may not be deducted
61from the proceeds of that portion of any fine or civil penalty
62that is received by a municipality in the county or by the
63county in accordance with ss. 316.660 and 318.21. The $3
64assessment shall be specifically added to any civil penalty paid
65for a violation of chapter 316, regardless of whether the
66penalty is paid by mail, paid in person without request for a
67hearing, or paid after hearing and determination by the court.
68However, the $3 assessment may not be made against a person for
69a violation of any state law, county ordinance, or municipal
70ordinance relating to the parking of vehicles, with the
71exception of a violation of the handicapped parking laws.
72     (d)1.  The clerk of the circuit court shall collect the $3
73assessments for court costs established in this subsection and
74shall remit the assessments to the teen court monthly.
75     2.  The clerk of the circuit court shall withhold 5 percent
76of the assessments collected, which shall be retained as fee
77income of the office of the clerk of the circuit court.
78     (e)  A teen court that receives the cost assessments
79established by the adopted county ordinance must account for all
80funds that have been deposited into the designated account in a
81written report to the board of county commissioners. The report
82must be given to the commissioners by August 1 of each year or
83by a date required by the commissioners.
84     (f)  A teen court may be administered by a nonprofit
85organization, a law enforcement agency, the court administrator,
86the clerk of the court, or another similar agency by agreement
87with the board of county commissioners.
88     Section 2.  This act shall take effect July 1, 2005.


CODING: Words stricken are deletions; words underlined are additions.