Senate Bill sb1030

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    Florida Senate - 2007                                  SB 1030

    By Senator Argenziano





    3-1110-07

  1                      A bill to be entitled

  2         An act relating to court costs; amending s.

  3         938.01, F.S.; increasing the court cost

  4         assessed against any person convicted of

  5         violating a state penal or criminal statute or

  6         convicted of violating a municipal or county

  7         ordinance; increasing the amount deducted from

  8         every bond estreature or forfeited bail bond

  9         related to such penal statutes which is

10         remitted to the Department of Revenue; revising

11         the allocation of funds received from the court

12         costs and distributed to the Department of Law

13         Enforcement Criminal Justice Standards and

14         Training Trust Fund, the Department of Law

15         Enforcement Operating Trust Fund for the

16         Criminal Justice Grant Program, and the

17         Department of Children and Family Services

18         Domestic Violence Trust Fund for the domestic

19         violence program; amending ss. 318.18 and

20         327.73, F.S., relating to civil penalties for

21         noncriminal traffic and boating infractions;

22         conforming provisions to changes made by the

23         act; providing an effective date.

24  

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

26  

27         Section 1.  Subsection (1) of section 938.01, Florida

28  Statutes, is amended to read:

29         938.01  Additional Court Cost Clearing Trust Fund.--

30         (1)  All courts created by Art. V of the State

31  Constitution shall, in addition to any fine or other penalty,

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    Florida Senate - 2007                                  SB 1030
    3-1110-07




 1  require every person convicted for violation of a state penal

 2  or criminal statute or convicted for violation of a municipal

 3  or county ordinance to pay $5 $3 as a court cost. Any person

 4  whose adjudication is withheld pursuant to the provisions of

 5  s. 318.14(9) or (10) shall also be liable for payment of such

 6  cost. In addition, $5 $3 from every bond estreature or

 7  forfeited bail bond related to such penal statutes or penal

 8  ordinances shall be remitted to the Department of Revenue as

 9  described in this subsection. However, no such assessment may

10  be made against any person convicted for violation of any

11  state statute, municipal ordinance, or county ordinance

12  relating to the parking of vehicles.

13         (a)  All costs collected by the courts pursuant to this

14  subsection shall be remitted to the Department of Revenue in

15  accordance with administrative rules adopted by the executive

16  director of the Department of Revenue for deposit in the

17  Additional Court Cost Clearing Trust Fund. These funds and the

18  funds deposited in the Additional Court Cost Clearing Trust

19  Fund pursuant to s. 318.21(2)(c) shall be distributed as

20  follows:

21         1.  Ninety-five and two-tenths Ninety-two percent to

22  the Department of Law Enforcement Criminal Justice Standards

23  and Training Trust Fund.

24         2.  Three and eight-tenths Six and three-tenths percent

25  to the Department of Law Enforcement Operating Trust Fund for

26  the Criminal Justice Grant Program.

27         3.  One and seven-tenths percent to the Department of

28  Children and Family Services Domestic Violence Trust Fund for

29  the domestic violence program pursuant to s. 39.903(3).

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31  

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    Florida Senate - 2007                                  SB 1030
    3-1110-07




 1         (b)  All funds in the Department of Law Enforcement

 2  Criminal Justice Standards and Training Trust Fund shall be

 3  disbursed only in compliance with s. 943.25(9).

 4         Section 2.  Paragraph (d) of subsection (11) of section

 5  318.18, Florida Statutes, is amended to read:

 6         318.18  Amount of civil penalties.--The penalties

 7  required for a noncriminal disposition pursuant to s. 318.14

 8  are as follows:

 9         (11)

10         (d)  In addition to the court cost required under

11  paragraph (a), a $5 $3 court cost must be paid for each

12  infraction to be distributed as provided in s. 938.01 and a $2

13  court cost as provided in s. 938.15 when assessed by a

14  municipality or county.

15         Section 3.  Subsection (11) of section 327.73, Florida

16  Statutes, is amended to read:

17         327.73  Noncriminal infractions.--

18         (11)(a)  Court costs that are to be in addition to the

19  stated civil penalty shall be imposed by the court in an

20  amount not less than the following:

21         1.  For swimming or diving infractions, $3.

22         2.  For nonmoving boating infractions, $6.

23         3.  For boating infractions listed in s. 327.731(1),

24  $10.

25         (b)  In addition to the court cost assessed under

26  paragraph (a), the court shall impose a $5 $3 court cost for

27  each noncriminal infraction, to be distributed as provided in

28  s. 938.01, and a $2 court cost as provided in s. 938.15 when

29  assessed by a municipality or county.

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    Florida Senate - 2007                                  SB 1030
    3-1110-07




 1  Court costs imposed under this subsection may not exceed $30.

 2  A criminal justice selection center or both local criminal

 3  justice access and assessment centers may be funded from these

 4  court costs.

 5         Section 4.  This act shall take effect July 1, 2007.

 6  

 7            *****************************************

 8                          SENATE SUMMARY

 9    Increases the court costs assessed against any person
      convicted of a violation of a state penal or criminal
10    statute or convicted of a violation of a municipal or
      county ordinance from $3 to $5. Increases the amount
11    assessed every bond estreature or forfeited bail bond
      related to such penal statutes from $3 to $5. Requires
12    that the funds be remitted to the Department of Revenue.
      Revises the percentage of funds allocated to the
13    Department of Law Enforcement Criminal Justice Standards
      and Training Trust Fund, the Department of Law
14    Enforcement Operating Trust Fund for the Criminal Justice
      Grant Program, and the Department of Children and Family
15    Services Domestic Violence Trust Fund for the domestic
      violence program.
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