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