HB 0709CS

CHAMBER ACTION




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


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