HB 0441

1
A bill to be entitled
2An act relating to court costs for drug court programs;
3creating s. 938.20, F.S.; authorizing counties to provide
4by ordinance for funding of drug court programs through
5the assessment of an additional mandatory court cost;
6providing for the assessment to be imposed against persons
7convicted of certain violations of drug abuse prevention
8and control provisions, violations of a municipal or
9county ordinance, or traffic violations involving alcohol
10or other substance use or abuse and resulting in payment
11of a fine or penalty; providing an exception; providing
12for collection and deposit of the assessment; providing
13for administration of the funds; providing an effective
14date.
15
16Be It Enacted by the Legislature of the State of Florida:
17
18     Section 1.  Section 938.20, Florida Statutes, is created to
19read:
20     938.20  Court costs for drug court programs.--
21     (1)  Notwithstanding s. 318.121, each county in which a
22drug court program has been established under s. 397.334 may
23require by ordinance the assessment of a mandatory cost in the
24sum of $6 which shall be assessed by both the circuit court and
25the county court in the county against every person who pleads
26guilty or nolo contendere to, or is convicted of, regardless of
27adjudication, a violation of chapter 893, a municipal ordinance,
28a county ordinance, or any provision of chapter 316 involving
29the use of alcohol or other substance use or abuse which results
30in payment of a fine or civil penalty. Any person whose
31adjudication is withheld pursuant to s. 318.14(9) or (10) must
32be assessed such cost. The $6 assessment shall be in addition to
33any fine, civil penalty, or other court cost and may not be
34deducted from the proceeds of that portion of any fine or civil
35penalty which is received by a municipality in the county or by
36the county in accordance with ss. 316.660 and 318.21. The $6
37assessment shall specifically be added to any civil penalty paid
38for a violation of chapter 316, whether such penalty is paid by
39mail, paid in person without request for a hearing, or paid
40after a hearing and determination by the court. However, the $6
41assessment may not be made against a person for a violation of
42any state statute, county ordinance, or municipal ordinance
43relating to the parking of vehicles, with the exception of a
44violation of the handicapped parking laws.
45     (2)  The clerk of the circuit court shall collect the $6
46assessment established pursuant to subsection (1) and shall
47deposit the assessment monthly into an account specifically
48designated for the operation and administration of the drug
49court program within the county and which is under the authority
50of the trial court administrator for the respective circuit,
51less 8 percent, which shall be retained as fee income for the
52office of the clerk of the circuit court, together with other
53moneys that become available for establishing, operating, and
54administering drug court programs under state law.
55     (3)  Assessments deposited into an account specifically
56designated for the operation and administration of the drug
57court programs within such county shall be administered by the
58trial court administrator for the respective circuit under the
59direction of the advisory committee appointed by the chief judge
60in each circuit pursuant to ss. 948.08(7) and 985.306(2).
61     Section 2.  This act shall take effect upon becoming a law.


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