CS/HB 1353

1	A bill to be entitled
2	An act relating to local government finances; amending s.
3	218.21, F.S.; revising the definition of the term
4	"guaranteed entitlement" to delete a time limitation on
5	certain increases to guaranteed entitlement to certain
6	state revenue sharing for certain municipalities; amending
7	s. 318.18, F.S.; saving from repeal a local government
8	surcharge on penalties for noncriminal dispositions;
9	amending s. 938.19, F.S.; applying a teen court cost
10	charge for adjudications of delinquency or delinquent
11	acts; amending s. 939.185, F.S.; applying a court cost and
12	a surcharge for adjudications of delinquency or delinquent
13	acts; saving from repeal a local government assessment of
14	additional courts costs and surcharges; repealing s. 95,
15	ch. 2003-402, Laws of Florida, relating to the removal of
16	certain increases to guaranteed entitlement; providing an
17	effective date.
18
19	Be It Enacted by the Legislature of the State of Florida:
20
21	Section 1.  Subsection (6) of section 218.21, Florida
22	Statutes, is amended to read:
23	218.21  Definitions.--As used in this part, the following
24	words and terms shall have the meanings ascribed them in this
25	section, except where the context clearly indicates a different
26	meaning:
27	(6)  "Guaranteed entitlement" means the amount of revenue
28	which must be shared with an eligible unit of local government
29	so that:
30	(a)  No eligible county shall receive less funds from the
31	Revenue Sharing Trust Fund for Counties in any fiscal year than
32	the amount received in the aggregate from the state in fiscal
33	year 1971-1972 under the provisions of the then-existing s.
34	210.20(2)(c), tax on cigarettes; the then-existing s. 323.16(4),
35	road tax; and the then-existing s. 199.292(4), tax on intangible
36	personal property.
37	(b)  No eligible municipality shall receive less funds from
38	the Revenue Sharing Trust Fund for Municipalities in any fiscal
39	year than the aggregate amount it received from the state in
40	fiscal year 1971-1972 under the provisions of the then-existing
41	s. 210.20(2)(a), tax on cigarettes; the then-existing s.
42	323.16(3), road tax; and s. 206.605, tax on motor fuel. Any
43	government exercising municipal powers under s. 6(f), Art. VIII
44	of the State Constitution may not receive less than the
45	aggregate amount it received from the Revenue Sharing Trust Fund
46	for Municipalities in the preceding fiscal year, plus, through
47	fiscal year 2008-2009, a percentage increase in such amount
48	equal to the percentage increase of the Revenue Sharing Trust
49	Fund for Municipalities for the preceding fiscal year.
50	Section 2.  Subsection (14) of section 318.18, Florida
51	Statutes, is amended to read:
52	318.18  Amount of civil penalties.--The penalties required
53	for a noncriminal disposition pursuant to s. 318.14 are as
54	follows:
55	(14)  In addition to any penalties imposed for noncriminal
56	traffic infractions under this chapter or imposed for criminal
57	violations listed in s. 318.17, any unit of local government
58	that is consolidated as provided by s. 9, Art. VIII of the State
59	Constitution of 1885, as preserved by s. 6(e), Art. VIII of the
60	State Constitution of 1968, and that is granted the authority in
61	the State Constitution to exercise all the powers of a municipal
62	corporation, and any unit of local government operating under a
63	home rule charter adopted pursuant to ss. 10, 11, and 24, Art.
64	VIII of the State Constitution of 1885, as preserved by s. 6(e),
65	Art. VIII of the State Constitution of 1968, that is granted the
66	authority in the State Constitution to exercise all the powers
67	conferred now or hereafter by general law upon municipalities,
68	may impose by ordinance a surcharge of up to $15 for any
69	infraction or violation. Revenue from the surcharge shall be
70	transferred to such unit of local government for the purpose of
71	replacing fine revenue deposited into the clerk's fine and
72	forfeiture fund under s. 142.01. The court may not waive this
73	surcharge. Proceeds from the imposition of the surcharge
74	authorized in this subsection shall not be used for the purpose
75	of securing payment of the principal and interest on bonds. This
76	subsection, and any surcharge imposed pursuant to this
77	subsection, shall stand repealed September 30, 2007.
78	Section 3.  Subsection (2) of section 938.19, Florida
79	Statutes, is amended to read:
80	938.19  Teen courts.--
81	(2)  A sum of up to $3 shall be assessed as a court cost in
82	the circuit and county court in the county against each person
83	who pleads guilty or nolo contendere to, or is convicted of,
84	regardless of adjudication, or adjudicated delinquent for, a
85	violation of a criminal law, a delinquent act, or a municipal or
86	county ordinance, or who pays a fine or civil penalty for any
87	violation of chapter 316. Any person whose adjudication is
88	withheld under s. 318.14(9) or (10) shall also be assessed the
89	cost.
90	Section 4.  Paragraphs (a) and (b) of subsection (1) of
91	section 939.185, Florida Statutes, are amended to read:
92	939.185  Assessment of additional court costs and
93	surcharges.--
94	(1)(a)  The board of county commissioners may adopt by
95	ordinance an additional court cost, not to exceed $65, to be
96	imposed by the court when a person pleads guilty or nolo
97	contendere to, or is found guilty of, or adjudicated delinquent
98	for, any felony, misdemeanor, delinquent act, or criminal
99	traffic offense under the laws of this state. Such additional
100	assessment shall be accounted for separately by the county in
101	which the offense occurred and be used only in the county
102	imposing this cost, to be allocated as follows:
103	1.  Twenty-five percent of the amount collected shall be
104	allocated to fund innovations to supplement state funding for
105	the elements of the state courts system identified in s. 29.004
106	and county funding for local requirements under s.
107	29.008(2)(a)2.
108	2.  Twenty-five percent of the amount collected shall be
109	allocated to assist counties in providing legal aid programs
110	required under s. 29.008(3)(a).
111	3.  Twenty-five percent of the amount collected shall be
112	allocated to fund personnel and legal materials for the public
113	as part of a law library.
114	4.  Twenty-five percent of the amount collected shall be
115	used as determined by the board of county commissioners to
116	support teen court programs, except as provided in s. 938.19(7),
117	juvenile assessment centers, and other juvenile alternative
118	programs.
119
120	Each county receiving funds under this section shall report the
121	amount of funds collected pursuant to this section and an
122	itemized list of expenditures for all authorized programs and
123	activities. The report shall be submitted in a format developed
124	by the Supreme Court to the Governor, the Chief Financial
125	Officer, the President of the Senate, and the Speaker of the
126	House of Representatives on a quarterly basis beginning with the
127	quarter ending September 30, 2004. Quarterly reports shall be
128	submitted no later than 30 days after the end of the quarter.
129	Any unspent funds at the close of the county fiscal year
130	allocated under subparagraphs 2., 3., and 4., shall be
131	transferred for use pursuant to subparagraph 1.
132	(b)  In addition to the court costs imposed under paragraph
133	(a) and any other cost, fine, or penalty imposed by law, any
134	unit of local government which is consolidated as provided by s.
135	9, Art. VIII of the State Constitution of 1885, as preserved by
136	s. 6(e), Art. VIII of the State Constitution of 1968, and which
137	is granted the authority in the State Constitution to exercise
138	all the powers of a municipal corporation, and any unit of local
139	government operating under a home rule charter adopted pursuant
140	to ss. 10, 11, and 24, Art. VIII of the State Constitution of
141	1885, as preserved by s. 6(e), Art. VIII of the State
142	Constitution of 1968, which is granted the authority in the
143	State Constitution to exercise all the powers conferred now or
144	hereafter by general law upon municipalities, may impose by
145	ordinance a surcharge in the amount of $85 to be imposed by the
146	court when a person pleads guilty or nolo contendere to, or is
147	found guilty of, or adjudicated delinquent for, any felony,
148	misdemeanor, delinquent act, or criminal traffic offense under
149	the laws of this state. Revenue from the surcharge shall be
150	transferred to such unit of local government for the purpose of
151	replacing fine revenue deposited into the clerk's fine and
152	forfeiture fund under s. 142.01. Proceeds from the imposition of
153	the surcharge authorized in this paragraph shall not be used for
154	the purpose of securing payment of the principal and interest on
155	bonds. This paragraph, and any surcharge imposed pursuant to
156	this paragraph, shall stand repealed on September 30, 2007.
157	Section 5.  Section 95 of chapter 2003-402, Laws of
158	Florida, is repealed.
159	Section 6.  This act shall take effect July 1, 2007.

CODING: Words stricken are deletions; words underlined are additions.