Florida Senate - 2005                        SENATOR AMENDMENT
    Bill No. CS for CS for SB 2542
                        Barcode 772220
                            CHAMBER ACTION
              Senate                               House
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       04/29/2005 02:05 PM         .                    
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11  Senator Smith moved the following amendment:
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13         Senate Amendment (with title amendment) 
14         On page 39, line 20, through page 40, line 9, delete
15  those lines
16  
17  and insert:  
18         Section 7.  Paragraph (a) of subsection (1) and
19  subsection (2) of section 28.2402, Florida Statutes, are
20  amended to read:
21         28.2402  Cost recovery; use of the circuit court for
22  ordinance or special law violations.--
23         (1)(a)  In lieu of payment of a filing fee under s.
24  28.241, a filing fee of $10 shall be paid by a county or
25  municipality when filing a county or municipal ordinance
26  violation or violation of a special law in circuit court. This
27  fee shall be paid to the clerk of the court for performing
28  court-related functions. A county or municipality is not
29  required to pay more than one filing fee for a single filing
30  against a single defendant which contains multiple alleged
31  violations. A filing fee, other than that imposed under this
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    11:07 PM   04/28/05                             s2542.14ju.p11

Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for SB 2542 Barcode 772220 1 section, may not be assessed for initiating an enforcement 2 proceeding in circuit court for a violation of a county or 3 municipal code or ordinance or a violation of a special law. 4 The filing fee does not apply to instances in which a county 5 or a municipality has contracted with the state, or has been 6 delegated by the state, responsibility for enforcing state 7 operations, policies, or requirements under s. 125.69, s. 8 166.0415, or chapter 162. 9 (2) To offset costs incurred by the clerks of the 10 court in performing court-related functions associated with 11 the processing of violations of special laws and municipal 12 ordinances, 10 percent of the total amount of fines paid to 13 each municipality for special law or ordinance violations 14 filed in circuit court shall be retained by the clerk of the 15 court for deposit into the clerk's fine and forfeiture fund 16 established pursuant to s. 142.01, except for fines a portion 17 of which the clerk of the court retains pursuant to any other 18 provision of state law. A municipality does not include the 19 unincorporated areas, if any, of a government created pursuant 20 to s. 6(e), Art. VIII of the State Constitution. 21 22 23 ================ T I T L E A M E N D M E N T =============== 24 And the title is amended as follows: 25 On page 4, line 1, after the first semicolon, 26 27 and insert: excluding unincorporated areas of certain 28 consolidated governments from the term "municipality" for 29 purposes of sharing with the clerk certain fines from local 30 ordinance violations; 31 2 11:07 PM 04/28/05 s2542.14ju.p11