Senate Bill sb1702

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2005                                  SB 1702

    By Senator Bennett





    21-1309-05

  1                      A bill to be entitled

  2         An act relating to teen courts; amending s.

  3         938.19, F.S.; authorizing a board of county

  4         commissioners to adopt an ordinance that

  5         incorporates the provisions of the act;

  6         providing funding for a teen court through the

  7         assessment of an additional court cost against

  8         each person who pleads guilty or nolo

  9         contendere to, or is convicted of, a violation

10         of a criminal law, an ordinance, or a traffic

11         offense in the county; providing for

12         administration by the clerk of the circuit

13         court; authorizing the clerk of the court to

14         retain a specified percentage of the

15         assessments collected as income to the clerk of

16         the court; requiring the teen court to account

17         for all funds deposited into the teen court

18         account; requiring an annual report to the

19         board of county commissioners by a specified

20         date; authorizing specified organizations to

21         operate and administer a teen court program;

22         providing an effective date.

23  

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

25  

26         Section 1.  Section 938.19, Florida Statutes, is

27  amended to read:

28         938.19  Teen courts.--

29         (1)  Notwithstanding s. 318.121, in each county in

30  which a teen court has been created, the board of county

31  commissioners may adopt a mandatory cost to be assessed in

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    Florida Senate - 2005                                  SB 1702
    21-1309-05




 1  specific cases by incorporating by reference the provisions of

 2  this section in a county ordinance. Assessments collected by

 3  the clerk of the circuit court under this subsection shall be

 4  deposited into an account specifically for the operation and

 5  administration of the teen court.

 6         (2)  A sum of up to $3 shall be assessed as a court

 7  cost in the circuit and county court in the county against

 8  each person who pleads guilty or nolo contendere to, or is

 9  convicted of, regardless of adjudication, a violation of a

10  criminal law or a municipal ordinance or county ordinance or

11  who pays a fine or civil penalty for any violation of chapter

12  316. Any person whose adjudication is withheld under s.

13  318.14(9) or (10) shall also be assessed the cost.

14         (3)  The assessment for court costs shall be assessed

15  in addition to any fine or civil penalty or other court cost

16  and may not be deducted from the proceeds of that portion of

17  any fine or civil penalty which is received by a municipality

18  in the county or by the county in accordance with ss. 316.660

19  and 318.21. The assessment shall be specifically added to any

20  civil penalty paid for a violation of chapter 316, regardless

21  of whether the penalty is paid by mail, paid in person without

22  request for a hearing, or paid after hearing and determination

23  by the court. However, the assessment may not be made against

24  a person for a violation of any state law, county ordinance,

25  or municipal ordinance relating to the parking of vehicles,

26  with the exception of a violation of the handicapped parking

27  laws.

28         (4)(a)  The clerk of the circuit court shall collect

29  the assessments for court costs established in this section

30  and shall remit the assessments to the teen court monthly.

31  

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    Florida Senate - 2005                                  SB 1702
    21-1309-05




 1         (b)  The clerk of the circuit court shall withhold 5

 2  percent of the assessments collected, which shall be retained

 3  as fee income of the office of the clerk of the circuit court.

 4         (5)  A teen court that receives the cost assessments

 5  established by the adopted county ordinance must account for

 6  all funds that have been deposited into the designated account

 7  in a written report to the board of county commissioners. The

 8  report must be given to the commissioners by August 1 of each

 9  year or by a date required by the commissioners.

10         (6)  A teen court may be administered by a nonprofit

11  organization, a law enforcement agency, the court

12  administrator, the clerk of the court, or another similar

13  agency authorized by the board of county commissioners.

14  Counties are hereby authorized to fund teen courts.

15         Section 2.  This act shall take effect July 1, 2005.

16  

17            *****************************************

18                          SENATE SUMMARY

19    Authorizes a board of county commissioners to adopt an
      ordinance that provides for funding a teen court through
20    the assessment of an additional court cost of up to $3
      against every person who pleads guilty or nolo contendere
21    to, or is convicted of, a violation of a criminal law, an
      ordinance, or a traffic offense in the county. Provides
22    for administering the collection of assessments by the
      clerk of the circuit court. Authorizes the clerk of the
23    court to retain a specified percentage of the assessments
      collected as income to the clerk of the court. Requires
24    the teen court to account for all funds deposited into
      the teen court account. Orders the teen court to report
25    to the county commission by a specified date. Authorizes
      certain specified organizations to operate and administer
26    a teen court program.

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