Senate Bill sb1030c1

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2007                           CS for SB 1030

    By the Committee on Criminal Justice; and Senators Argenziano
    and Bennett




    591-2131-07

  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 s. 938.30, F.S.;

20         requiring defendants to pay all outstanding

21         criminal costs and fines prior to the court

22         entering an order to seal or expunge criminal

23         history records; amending ss. 318.18 and

24         327.73, F.S., relating to civil penalties for

25         noncriminal traffic and boating infractions;

26         conforming provisions to changes made by the

27         act; providing an effective date.

28  

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

30  

31  

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    Florida Senate - 2007                           CS for SB 1030
    591-2131-07




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

 2  Statutes, is amended to read:

 3         938.01  Additional Court Cost Clearing Trust Fund.--

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

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

 6  require every person convicted for violation of a state penal

 7  or criminal statute or convicted for violation of a municipal

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

 9  whose adjudication is withheld pursuant to the provisions of

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

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

12  forfeited bail bond related to such penal statutes or penal

13  ordinances shall be remitted to the Department of Revenue as

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

15  be made against any person convicted for violation of any

16  state statute, municipal ordinance, or county ordinance

17  relating to the parking of vehicles.

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

19  subsection shall be remitted to the Department of Revenue in

20  accordance with administrative rules adopted by the executive

21  director of the Department of Revenue for deposit in the

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

23  funds deposited in the Additional Court Cost Clearing Trust

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

25  follows:

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

27  the Department of Law Enforcement Criminal Justice Standards

28  and Training Trust Fund.

29         2.  Three and seventy-eight one-hundredths Six and

30  three-tenths percent to the Department of Law Enforcement

31  Operating Trust Fund for the Criminal Justice Grant Program.

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    Florida Senate - 2007                           CS for SB 1030
    591-2131-07




 1         3.  One and two one-hundredths and seven-tenths percent

 2  to the Department of Children and Family Services Domestic

 3  Violence Trust Fund for the domestic violence program pursuant

 4  to s. 39.903(3).

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

 6  Criminal Justice Standards and Training Trust Fund shall be

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

 8         Section 2.  Present subsection (12) of section 938.30,

 9  Florida Statutes, is redesignated as subsection (13), and a

10  new subsection (12) is added to that section, to read:

11         938.30  Financial obligations in criminal cases;

12  supplementary proceedings.--

13         (12)  The court shall not enter an order sealing or

14  expunging criminal history records under Rule 3.692, Florida

15  Rules of Criminal Procedure, and ss. 943.0585 and 943.059,

16  until the person has paid all outstanding criminal costs and

17  fines assessed against the moving party, unless the court

18  makes written findings about the appropriateness of sealing or

19  expunging despite the outstanding costs and fines.

20         Section 3.  Paragraph (d) of subsection (11) of section

21  318.18, Florida Statutes, is amended to read:

22         318.18  Amount of civil penalties.--The penalties

23  required for a noncriminal disposition pursuant to s. 318.14

24  are as follows:

25         (11)

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

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

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

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

30  municipality or county.

31  

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    Florida Senate - 2007                           CS for SB 1030
    591-2131-07




 1         Section 4.  Subsection (11) of section 327.73, Florida

 2  Statutes, is amended to read:

 3         327.73  Noncriminal infractions.--

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

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

 6  amount not less than the following:

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

 8         2.  For nonmoving boating infractions, $6.

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

10  $10.

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

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

13  each noncriminal infraction, to be distributed as provided in

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

15  assessed by a municipality or county.

16  

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

18  A criminal justice selection center or both local criminal

19  justice access and assessment centers may be funded from these

20  court costs.

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

22  

23          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
24                         Senate Bill 1030

25                                 

26  -    The Committee Substitute amends s. 938.30, F.S., to
         require defendants to pay outstanding court costs and
27       fines before his or her criminal history can be sealed or
         expunged, unless the Court makes a finding to the
28       contrary.

29  -    It also amends the allocations in the original bill
         decreasing the amount allocated to the FDLE Operating
30       Trust Fund by .02 percent and increasing the amount, by
         .02 percent, to the DCF Domestic Violence Trust Fund.
31       This should off-set a DCF-projected annual shortfall of
         $5,906.08.
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