1 | The Finance & Tax Committee recommends the following: |
2 |
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3 | Council/Committee Substitute |
4 | Remove the entire bill and insert: |
5 | A bill to be entitled |
6 | An act relating to court costs for drug court programs; |
7 | creating s. 938.20, F.S.; authorizing counties to provide |
8 | by ordinance for funding of drug court programs through |
9 | the assessment of an additional mandatory court cost; |
10 | providing for the assessment to be imposed against persons |
11 | who plead guilty or no contest to or are convicted of |
12 | certain violations of drug abuse prevention and control |
13 | provisions or violations of certain municipal or county |
14 | ordinances or pay a fine or civil penalty for traffic |
15 | violations involving alcohol or other substance use or |
16 | abuse; providing for collection and deposit of the |
17 | assessment; providing for administration of the funds; |
18 | providing an effective date. |
19 |
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20 | Be It Enacted by the Legislature of the State of Florida: |
21 |
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22 | Section 1. Section 938.20, Florida Statutes, is created to |
23 | read: |
24 | 938.20 Court costs for drug court programs.-- |
25 | (1) Each county in which a drug court program has been |
26 | established under s. 397.334 may require by ordinance the |
27 | assessment of a mandatory cost in the sum of $6 which shall be |
28 | assessed by both the circuit court and the county court in the |
29 | county against every person who: |
30 | (a) Pleads guilty or nolo contendere to, or is convicted |
31 | of, regardless of adjudication, a violation of chapter 893 or a |
32 | violation of a municipal or county ordinance involving the use |
33 | of alcohol or other substance use or abuse; or |
34 | (b) Pays a fine or civil penalty for any violation of |
35 | chapter 316 involving the use of alcohol or other substance use |
36 | or abuse. |
37 |
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38 | The $6 assessment shall be in addition to any fine, civil |
39 | penalty, or other court cost and may not be deducted from the |
40 | proceeds of that portion of any fine or civil penalty which is |
41 | received by a municipality in the county or by the county in |
42 | accordance with ss. 316.660 and 318.21. The $6 assessment shall |
43 | specifically be added to any civil penalty paid for a violation |
44 | of chapter 316, whether such penalty is paid by mail, paid in |
45 | person without request for a hearing, or paid after a hearing |
46 | and determination by the court. |
47 | (2) The clerk of the circuit court shall collect the $6 |
48 | assessment established pursuant to subsection (1) and shall |
49 | deposit the assessment monthly into an account specifically |
50 | designated for the operation and administration of the drug |
51 | court program within the county and which is under the authority |
52 | of the trial court administrator for the respective circuit, |
53 | less 8 percent, which shall be retained as fee income for the |
54 | office of the clerk of the circuit court, together with other |
55 | moneys that become available for establishing, operating, and |
56 | administering drug court programs under state law. |
57 | (3) Assessments deposited into an account specifically |
58 | designated for the operation and administration of the drug |
59 | court programs within such county shall be administered by the |
60 | trial court administrator for the respective circuit under the |
61 | direction of the advisory committee appointed by the chief judge |
62 | in each circuit pursuant to ss. 948.08(7) and 985.306(2). |
63 | Section 2. This act shall take effect upon becoming a law. |