Senate Bill sb0940

    Florida Senate - 2006                                   SB 940

    By Senator Posey





    24-496-06

  1                      A bill to be entitled

  2         An act relating to court costs for drug court

  3         programs; creating s. 938.20, F.S.; authorizing

  4         counties to provide by ordinance for funding of

  5         drug court programs through the assessment of

  6         an additional mandatory court cost; providing

  7         for the assessment to be imposed against

  8         persons convicted of certain violations of

  9         drug-abuse prevention and control provisions,

10         violations of a municipal or county ordinance,

11         or traffic violations involving alcohol or

12         other substance use or abuse and resulting in

13         payment of a fine or penalty; providing an

14         exception; providing for collection and deposit

15         of the assessment; providing for administration

16         of the funds; providing an effective date.

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18  Be It Enacted by the Legislature of the State of Florida:

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20         Section 1.  Section 938.20, Florida Statutes, is

21  created to read:

22         938.20  Court costs for drug court programs.--

23         (1)  Notwithstanding s. 318.121, each county in which a

24  drug court program has been established under s. 397.334 may

25  require by ordinance the assessment of a mandatory cost in the

26  sum of $6 which shall be assessed by both the circuit court

27  and the county court in the county against every person who

28  pleads guilty or nolo contendere to, or is convicted of,

29  regardless of adjudication, a violation of chapter 893, a

30  municipal ordinance, a county ordinance, or any provision of

31  chapter 316 involving the use of alcohol or other substance

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    Florida Senate - 2006                                   SB 940
    24-496-06




 1  use or abuse which results in payment of a fine or civil

 2  penalty. Any person whose adjudication is withheld pursuant to

 3  s. 318.14(9) or (10) must be assessed such cost. The $6

 4  assessment shall be in addition to any fine, civil penalty, or

 5  other court cost and may not be deducted from the proceeds of

 6  that portion of any fine or civil penalty which is received by

 7  a municipality in the county or by the county in accordance

 8  with ss. 316.660 and 318.21. The $6 assessment shall

 9  specifically be added to any civil penalty paid for a

10  violation of chapter 316, whether such penalty is paid by

11  mail, paid in person without request for a hearing, or paid

12  after a hearing and determination by the court. However, the

13  $6 assessment may not be made against a person for a violation

14  of any state statute, county ordinance, or municipal ordinance

15  relating to the parking of vehicles, with the exception of a

16  violation of the handicapped parking laws.

17         (2)  The clerk of the circuit court shall collect the

18  $6 assessment established pursuant to subsection (1) and shall

19  deposit the assessment monthly into an account specifically

20  designated for the operation and administration of the drug

21  court program within the county and which is under the

22  authority of the trial court administrator for the respective

23  circuit, less 8 percent, which shall be retained as fee income

24  for the office of the clerk of the circuit court, together

25  with other moneys that become available for establishing,

26  operating, and administering drug court programs under state

27  law.

28         (3)  Assessments deposited into an account specifically

29  designated for the operation and administration of the drug

30  court programs within such county shall be administered by the

31  trial court administrator for the respective circuit under the

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    Florida Senate - 2006                                   SB 940
    24-496-06




 1  direction of the advisory committee appointed by the chief

 2  judge in each circuit pursuant to ss. 948.08 and 985.306.

 3         Section 2.  This act shall take effect upon becoming a

 4  law.

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 6            *****************************************

 7                          SENATE SUMMARY

 8    Authorizes counties to impose by ordinance a mandatory
      court fee of $6 against any person convicted in the
 9    county or circuit courts of certain violations involving
      alcohol or controlled substance use or abuse. Requires
10    that the assessment be used to fund the drug court
      program within the county.
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