Senate Bill sb1030e1

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    CS for CS for SB 1030                    First Engrossed (ntc)



  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:

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    CS for CS for SB 1030                    First Engrossed (ntc)



 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 $4 $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, $4 $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.

23         1.  These funds and the funds deposited in the

24  Additional Court Cost Clearing Trust Fund pursuant to s.

25  318.21(2)(c) shall be distributed as follows:

26         a.1.  Ninety-four Ninety-two percent to the Department

27  of Law Enforcement Criminal Justice Standards and Training

28  Trust Fund.

29         b.2.  Four and seven-tenths Six and three-tenths

30  percent to the Department of Law Enforcement Operating Trust

31  Fund for the Criminal Justice Grant Program.


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    CS for CS for SB 1030                    First Engrossed (ntc)



 1         c.3.  One and three-tenths and seven-tenths percent to

 2  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         2.  The funds deposited in the Additional Court Cost

 6  Clearing Trust Fund pursuant to s. 318.21(2)(c) shall be

 7  distributed as follows:

 8         a.  Ninety-two percent to the Department of Law

 9  Enforcement Criminal Justice Standards and Training Trust

10  Fund.

11         b.  Six and three-tenths percent to the Department of

12  Law Enforcement Operating Trust Fund for the Criminal Justice

13  Grant Program.

14         c.  One and seven-tenths percent to the Department of

15  Children and Family Services Domestic Violence Trust Fund for

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

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

18  Criminal Justice Standards and Training Trust Fund shall be

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

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

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

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

23         938.30  Financial obligations in criminal cases;

24  supplementary proceedings.--

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

26  expunging criminal history records under Rule 3.692, Florida

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

28  until the person has paid all outstanding criminal costs and

29  fines assessed against the moving party, unless the court

30  makes written findings about the appropriateness of sealing or

31  expunging despite the outstanding costs and fines.


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    CS for CS for SB 1030                    First Engrossed (ntc)



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

 2  318.18, Florida Statutes, is amended to read:

 3         318.18  Amount of civil penalties.--The penalties

 4  required for a noncriminal disposition pursuant to s. 318.14

 5  are as follows:

 6         (11)

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

 8  paragraph (a), a $4 $3 court cost must be paid for each

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

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

11  municipality or county.

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

13  Statutes, is amended to read:

14         327.73  Noncriminal infractions.--

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

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

17  amount not less than the following:

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

19         2.  For nonmoving boating infractions, $6.

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

21  $10.

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

23  paragraph (a), the court shall impose a $4 $3 court cost for

24  each noncriminal infraction, to be distributed as provided in

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

26  assessed by a municipality or county.

27  

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

29  A criminal justice selection center or both local criminal

30  justice access and assessment centers may be funded from these

31  court costs.


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    CS for CS for SB 1030                    First Engrossed (ntc)



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

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