| 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. |