| 1 | Representative(s) Simmons offered the following: |
| 2 |
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| 3 | Substitute Amendment for Amendment (328663) (with title |
| 4 | amendment) |
| 5 | Between line(s) 2710 and 2711, insert: |
| 6 | Section 57. Paragraph (b) of subsection (1) of section |
| 7 | 939.185, Florida Statutes, is redesignated as paragraph (c), and |
| 8 | a new paragraph (b) is added to said subsection, to read: |
| 9 | 939.185 Assessment of additional court costs and |
| 10 | surcharges.-- |
| 11 | (1) |
| 12 | (b) In addition to the court costs imposed under |
| 13 | subsection (1) and any other cost, fine, or penalty imposed by |
| 14 | law, any unit of local government which is consolidated as |
| 15 | provided by s. 9, Art. VIII of the State Constitution of 1885, |
| 16 | as preserved by s. 6(e), Art. VIII of the State Constitution of |
| 17 | 1968, and which is granted the authority in the State |
| 18 | Constitution to exercise all the powers of a municipal |
| 19 | corporation, and any unit of local government operating under a |
| 20 | home rule charter adopted pursuant to ss. 10, 11, and 24, Art. |
| 21 | VIII of the State Constitution of 1885, as preserved by s. 6(e), |
| 22 | Art. VIII of the State Constitution of 1968, which is granted |
| 23 | the authority in the State Constitution to exercise all the |
| 24 | powers conferred now or hereafter by general law upon |
| 25 | municipalities, may impose by ordinance a surcharge in the |
| 26 | amount of $85 to be imposed by the court when a person pleads |
| 27 | guilty or nolo contendere to, or is found guilty of, any felony, |
| 28 | misdemeanor, or criminal traffic offense under the laws of this |
| 29 | state. Revenue from the surcharge shall be transferred to such |
| 30 | unit of local government for the purpose of replacing fine |
| 31 | revenue deposited into the clerk's fine and forfeiture fund |
| 32 | under s. 142.01. Proceeds from the imposition of the surcharge |
| 33 | authorized in this paragraph shall not be used for the purpose |
| 34 | of securing payment of the principal and interest on bonds. This |
| 35 | paragraph, and any surcharge imposed pursuant to this paragraph, |
| 36 | shall stand repealed on September 30, 2007. |
| 37 | (c)(b) The disbursement of costs collected under this |
| 38 | section shall be subordinate in priority order of disbursement |
| 39 | to all other state-imposed costs authorized in this chapter, |
| 40 | restitution or other compensation to victims, and child support |
| 41 | payments. |
| 42 |
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| 43 | ================ T I T L E A M E N D M E N T ============= |
| 44 | Remove line(s) 286 and insert: |
| 45 | Commission of costs or fees paid; amending s. 939.185, |
| 46 | F.S.; authorizing certain local governments to impose by |
| 47 | ordinance in addition to certain court costs and other |
| 48 | costs, fines, and penalties imposed by law a surcharge to |
| 49 | be imposed by court on persons pleading guilty or nolo |
| 50 | contendere to certain criminal offenses; providing for |
| 51 | transfer of revenues from such surcharge for certain |
| 52 | purposes; providing for repeal; amending s. 985.05, |