Senate Bill sb2062

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    Florida Senate - 2007                                  SB 2062

    By Senator Baker





    20-768A-07

  1                      A bill to be entitled

  2         An act relating to court costs; amending s.

  3         28.24, F.S.; requiring the clerk of court to

  4         deposit certain funds for court-related

  5         technology needs with the chief judge of the

  6         circuit; requiring the principal county in the

  7         circuit to use the funds in accordance with a

  8         strategic plan approved by the chief judge;

  9         amending s. 29.008, F.S.; requiring that

10         certain specified personnel funded by a county

11         be under the direction, control, and

12         supervision of the chief judge; requiring a

13         county to provide benefits to certain employees

14         in the same manner as benefits are provided to

15         other county employees; providing legislative

16         intent that county employees be aggregated for

17         purposes of a flexible benefits plan; amending

18         s. 29.0081, F.S.; requiring the county to

19         provide certain benefits to county-funded court

20         employees; requiring that the county be

21         considered the employer; providing that

22         county-funded court employees and other county

23         employees may be aggregated for purposes of a

24         flexible benefits plan; amending s. 318.18,

25         F.S.; directing the county commission, rather

26         than the clerk of court, to report certain

27         information to the Governor and other

28         designated officers; amending s. 775.083, F.S.;

29         removing certain provisions relating to

30         specified court costs that must be assessed if

31         a defendant pleads nolo contendere to, is

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 1         convicted of, or is adjudicated delinquent for

 2         a felony, misdemeanor, or criminal traffic

 3         offense; creating s. 938.065, F.S.; requiring

 4         that certain specified court costs be assessed

 5         when a defendant pleads nolo contendere to, is

 6         convicted of, or is adjudicated delinquent for

 7         a felony, misdemeanor, or criminal traffic

 8         offense; transferring, renumbering, and

 9         amending s. 939.185, F.S., relating to

10         authorization for a board of county

11         commissioners to adopt by ordinance additional

12         court costs; providing for the allocation of

13         the additional court costs; requiring the

14         county commission to report certain information

15         to the Governor and other designated officers

16         by a specified date and quarterly thereafter;

17         reenacting ss. 55.141(2) and 712.06(3), F.S.,

18         relating to the satisfaction of judgments and

19         decrees and the recordation of titles to real

20         estate, respectively, to incorporate the

21         amendments made to s. 28.24, F.S., in

22         references thereto; amending ss. 938.17 and

23         938.19, F.S.; conforming cross-references;

24         providing an effective date.

25  

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

27  

28         Section 1.  Paragraph (e) of subsection (12) of section

29  28.24, Florida Statutes, is amended to read:

30         28.24  Service charges by clerk of the circuit

31  court.--The clerk of the circuit court shall charge for

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 1  services rendered by the clerk's office in recording documents

 2  and instruments and in performing the duties enumerated in

 3  amounts not to exceed those specified in this section.

 4  Notwithstanding any other provision of this section, the clerk

 5  of the circuit court shall provide without charge to the state

 6  attorney, public defender, guardian ad litem, public guardian,

 7  attorney ad litem, and court-appointed counsel paid by the

 8  state, and to the authorized staff acting on behalf of each,

 9  access to and a copy of any public record, if the requesting

10  party is entitled by law to view the exempt or confidential

11  record, as maintained by and in the custody of the clerk of

12  the circuit court as provided in general law and the Florida

13  Rules of Judicial Administration. The clerk of the circuit

14  court may provide the requested public record in an electronic

15  format in lieu of a paper format when capable of being

16  accessed by the requesting entity.

17  

18                                                         Charges

19  

20         (12)  For recording, indexing, and filing any

21  instrument not more than 14 inches by 8 1/2  inches, including

22  required notice to property appraiser where applicable:

23         (e)  An additional service charge of $4 per page shall

24  be paid to the clerk of the circuit court for each instrument

25  listed in s. 28.222, except judgments received from the courts

26  and notices of lis pendens, recorded in the official records.

27  From the additional $4 service charge collected:

28         1.  If the counties maintain legal responsibility for

29  the costs of the court-related technology needs as defined in

30  s. 29.008(1)(f)2. and (h), 10 cents shall be distributed to

31  the Florida Association of Court Clerks and Comptroller, Inc.,

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 1  for the cost of development, implementation, operation, and

 2  maintenance of the clerks' Comprehensive Case Information

 3  System, in which system all clerks shall participate on or

 4  before January 1, 2006; $1.90 shall be retained by the clerk

 5  to be deposited in the Public Records Modernization Trust Fund

 6  and used exclusively for funding court-related technology

 7  needs of the clerk as defined in s. 29.008(1)(f)2. and (h);

 8  and $2 shall be distributed to the board of county

 9  commissioners to be used exclusively to fund court-related

10  technology, and court technology needs as defined in s.

11  29.008(1)(f)2. and (h) for the state trial courts, state

12  attorney, and public defender in that county. The clerk of the

13  circuit court for each county in the circuit shall deposit the

14  $2 designated for court-related and court technology needs in

15  a fund established in the principal county of the circuit as

16  designated by the chief judge of the circuit. The principal

17  county must use the funds in conformity with the judicial

18  circuit's technology strategic plan approved by the chief

19  judge of the circuit. If the counties maintain legal

20  responsibility for the costs of the court-related technology

21  needs as defined in s. 29.008(1)(f)2. and (h), notwithstanding

22  any other provision of law, the county is not required to

23  provide additional funding beyond that provided herein for the

24  court-related technology needs of the clerk as defined in s.

25  29.008(1)(f)2. and (h). All court records and official records

26  are the property of the State of Florida, including any

27  records generated as part of the Comprehensive Case

28  Information System funded pursuant to this paragraph and the

29  clerk of court is designated as the custodian of such records,

30  except in a county where the duty of maintaining official

31  records exists in a county office other than the clerk of

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 1  court or comptroller, such county office is designated the

 2  custodian of all official records, and the clerk of court is

 3  designated the custodian of all court records. The clerk of

 4  court or any entity acting on behalf of the clerk of court,

 5  including an association, shall not charge a fee to any agency

 6  as defined in s. 119.011, the Legislature, or the State Court

 7  System for copies of records generated by the Comprehensive

 8  Case Information System or held by the clerk of court or any

 9  entity acting on behalf of the clerk of court, including an

10  association.

11         2.  If the state becomes legally responsible for the

12  costs of court-related technology needs as defined in s.

13  29.008(1)(f)2. and (h), whether by operation of general law or

14  by court order, $4 shall be remitted to the Department of

15  Revenue for deposit into the General Revenue Fund.

16         Section 2.  Subsection (2) of section 29.008, Florida

17  Statutes, is amended to read:

18         29.008  County funding of court-related functions.--

19         (2)  Counties shall pay reasonable and necessary

20  salaries, benefits, costs, and expenses of the state courts

21  system, including associated staff, benefits, and expenses, to

22  meet local requirements as specified in this subsection and to

23  fulfill the requirements of subsection (1). Personnel funded

24  by a county under this section or s. 29.0081 shall be under

25  the direction, control, and supervision of the chief judge.

26  The county shall provide benefits to such employees in the

27  same manner as benefits are provided to other county

28  employees, including, but not limited to, those specified in

29  ss. 112.08(2)(a), 112.0801, 112.215, 121.021(10), 440.10, and

30  443.036(19). It is the intent of the Legislature that such

31  employees and other county employees be aggregated for

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 1  purposes of a flexible benefits plan pursuant to s. 125 of the

 2  Internal Revenue Code of 1986, as amended.

 3         (a)  Local requirements are those specialized programs,

 4  nonjudicial staff, and other expenses associated with

 5  specialized court programs, specialized prosecution needs,

 6  specialized defense needs, or resources required of a local

 7  jurisdiction as a result of special factors or circumstances.

 8  Local requirements exist:

 9         1.  When imposed pursuant to an express statutory

10  directive, based on such factors as provided in paragraph (b);

11  or

12         2.  When:

13         a.  The county has enacted an ordinance, adopted a

14  local program, or funded activities with a financial or

15  operational impact on the circuit or a county within the

16  circuit; or

17         b.  Circumstances in a given circuit or county result

18  in or necessitate implementation of specialized programs, the

19  provision of nonjudicial staff and expenses to specialized

20  court programs, special prosecution needs, specialized defense

21  needs, or the commitment of resources to the court's

22  jurisdiction.

23         (b)  Factors and circumstances resulting in the

24  establishment of a local requirement include, but are not

25  limited to:

26         1.  Geographic factors;

27         2.  Demographic factors;

28         3.  Labor market forces;

29         4.  The number and location of court facilities; or

30         5.  The volume, severity, complexity, or mix of court

31  cases.

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 1         (c)  Local requirements under subparagraph (a)2. must

 2  be determined by the following method:

 3         1.  The chief judge of the circuit, in conjunction with

 4  the state attorney and the public defender only on matters

 5  that impact their offices, shall identify all local

 6  requirements within the circuit or within each county in the

 7  circuit and shall identify the reasonable and necessary

 8  salaries, costs, and expenses to meet these local

 9  requirements.

10         2.  On or before June 1 of each year, the chief judge

11  shall submit to the board of county commissioners a tentative

12  budget request for local requirements for the ensuing fiscal

13  year. The tentative budget must certify a listing of all local

14  requirements and the reasonable and necessary salaries, costs,

15  and expenses for each local requirement. The board of county

16  commissioners may, by resolution, require the certification to

17  be submitted earlier.

18         3.  The board of county commissioners shall thereafter

19  treat the certification in accordance with the county's

20  budgetary procedures. A board of county commissioners may:

21         a.  Determine whether to provide funding, and to what

22  extent it will provide funding, for salaries, costs, and

23  expenses under this section;

24         b.  Require a county finance officer to conduct a

25  preaudit review of any county funds provided under this

26  section prior to disbursement;

27         c.  Require review or audit of funds expended under

28  this section by the appropriate county office; and

29         d.  Provide additional financial support for the courts

30  system, state attorneys, or public defenders.

31  

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 1         (d)  Counties may satisfy these requirements by

 2  entering into interlocal agreements for the collective funding

 3  of these reasonable and necessary salaries, costs, and

 4  expenses.

 5         Section 3.  Section 29.0081, Florida Statutes, is

 6  amended to read:

 7         29.0081  County funding of additional court

 8  personnel.--

 9         (1)  A county and the chief judge of a judicial circuit

10  that includes that county may enter into an agreement under

11  which the county funds personnel positions to assist in the

12  operation of the circuit.

13         (2)  The agreement shall, at a minimum, provide that:

14         (a)  Funding for the positions is provided on at least

15  a court fiscal-year basis.

16         (b)  The personnel whose employment is funded under the

17  agreement are employees of the judicial circuit and are hired,

18  supervised, managed, and fired by personnel of the judicial

19  circuit. The county shall provide benefits to such employees

20  in the same manner as benefits are provided to other county

21  employees, including, but not limited to, those specified in

22  ss. 112.08(2)(a), 112.0801, 112.215, 121.021(10), 440.10, and

23  443.036(19). It is the intent of the Legislature that such

24  employees and other county employees be aggregated for

25  purposes of a flexible benefits plan pursuant to s. 125 of the

26  Internal Revenue Code of 1986, as amended.

27         (c)  The positions terminate upon the expiration of, or

28  substantial breach of, the agreement or upon the expiration of

29  county funding for the positions.

30         (3)  Positions funded under this section shall be

31  full-time equivalent positions of the judicial circuit but do

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 1  shall not count against any formula or similar process used by

 2  the Office of the State Courts Administrator to determine

 3  personnel needs or levels of a judicial circuit.

 4         (4)  Nothing in This section does not obligate

 5  obligates the state to fund any personnel positions.

 6         Section 4.  Subsection (13) of section 318.18, Florida

 7  Statutes, is amended to read:

 8         318.18  Amount of civil penalties.--The penalties

 9  required for a noncriminal disposition pursuant to s. 318.14

10  are as follows:

11         (13)  In addition to any penalties imposed for

12  noncriminal traffic infractions under pursuant to this chapter

13  or imposed for criminal violations listed in s. 318.17, a

14  board of county commissioners or any unit of local government

15  which is consolidated as provided by s. 9, Art. VIII of the

16  State Constitution of 1885, as preserved by s. 6(e), Art. VIII

17  of the Constitution of 1968:

18         (a)  May impose by ordinance a surcharge of up to $15

19  for any infraction or violation to fund state court

20  facilities. The court may shall not waive this surcharge. Up

21  to 25 percent of the revenue from this such surcharge may be

22  used to support local law libraries if provided that the

23  county or unit of local government provides a level of service

24  equal to that provided prior to July 1, 2004, which shall

25  include the continuation of library facilities located in or

26  near the county courthouse or annexes.

27         (b)  That imposed increased fees or service charges by

28  ordinance under s. 28.2401, s. 28.241, or s. 34.041 for the

29  purpose of securing payment of the principal and interest on

30  bonds issued by the county before July 1, 2003, to finance

31  state court facilities, may impose by ordinance a surcharge

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 1  for any infraction or violation for the exclusive purpose of

 2  securing payment of the principal and interest on bonds issued

 3  by the county before July 1, 2003, to fund state court

 4  facilities until the date of stated maturity. The court may

 5  shall not waive this surcharge. The Such surcharge may not

 6  exceed an amount per violation calculated as the quotient of

 7  the maximum annual payment of the principal and interest on

 8  the bonds as of July 1, 2003, divided by the number of traffic

 9  citations for county fiscal year 2002-2003 certified as paid

10  by the clerk of the court of the county. The Such quotient

11  shall be rounded up to the next highest dollar amount. The

12  bonds may be refunded only if savings will be realized on

13  payments of debt service and the refunding bonds are scheduled

14  to mature on the same date or before the bonds being refunded.

15  

16  A county may not impose both of the surcharges authorized

17  under paragraphs (a) and (b) concurrently. The county clerk of

18  court shall report, no later than 30 days after the end of the

19  quarter, the amount of funds collected, the amount of funds

20  expended, and the uses of those funds under this subsection

21  during each quarter of the fiscal year. The county clerk shall

22  submit the report, in a format developed by the Office of

23  State Courts Administrator, to the chief judge of the circuit,

24  the Governor, the President of the Senate, and the Speaker of

25  the House of Representatives.

26         Section 5.  Subsections (2) and (3) of section 775.083,

27  Florida Statutes, are amended to read:

28         775.083  Fines.--

29         (2)  In addition to the fines set forth in subsection

30  (1), court costs shall be assessed and collected in each

31  instance a defendant pleads nolo contendere to, or is

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 1  convicted of, or adjudicated delinquent for, a felony, a

 2  misdemeanor, or a criminal traffic offense under state law, or

 3  a violation of any municipal or county ordinance if the

 4  violation constitutes a misdemeanor under state law. The court

 5  costs imposed by this section shall be $50 for a felony and

 6  $20 for any other offense and shall be deposited by the clerk

 7  of the court into an appropriate county account for

 8  disbursement for the purposes provided in this subsection. A

 9  county shall account for the funds separately from other

10  county funds as crime prevention funds. The county, in

11  consultation with the sheriff, must expend such funds for

12  crime prevention programs in the county, including safe

13  neighborhood programs under ss. 163.501-163.523.

14         (2)(3)  The purpose of this section is to provide

15  uniform penalty authorization for criminal offenses and, to

16  this end, a reference to this section constitutes a general

17  reference under the doctrine of incorporation by reference.

18         Section 6.  Section 938.065, Florida Statutes, is

19  created to read:

20         938.065  County crime prevention programs.--Court costs

21  shall be assessed and collected in each instance in which a

22  defendant pleads nolo contendere to, is convicted of, or is

23  adjudicated delinquent for a felony, a misdemeanor, or a

24  criminal traffic offense under state law, or a violation of

25  any municipal or county ordinance if the violation constitutes

26  a misdemeanor under state law. The court costs imposed by this

27  section shall be $50 for a felony and $20 for any other

28  offense and shall be deposited by the clerk of the court into

29  an appropriate county account for disbursement to programs

30  described in this section. A county shall account for the

31  funds separately from other county funds as crime prevention

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 1  funds. The county, in consultation with the sheriff, must

 2  expend the funds for crime prevention programs in the county,

 3  including safe neighborhood programs under ss.

 4  163.501-163.523.

 5         Section 7.  Section 939.185, Florida Statutes, is

 6  transferred, renumbered as section 938.195, Florida Statutes,

 7  and amended to read:

 8         938.195 939.185  Assessment of additional court costs

 9  and surcharges.--

10         (1)(a)  The board of county commissioners may adopt by

11  ordinance an additional court cost, not to exceed $65, to be

12  imposed by the court when a person pleads guilty or nolo

13  contendere to, or is found guilty of, any felony, misdemeanor,

14  or criminal traffic offense under the laws of this state. Such

15  additional assessment shall be accounted for separately by the

16  county in which the offense occurred and be used only in the

17  county imposing this cost, to be allocated as follows:

18         1.  Twenty-five percent of the amount collected shall

19  be allocated to fund innovations to supplement state funding

20  for the elements of the state courts system identified in s.

21  29.004 and county funding for local requirements under s.

22  29.008(2)(a)2.

23         2.  Twenty-five percent of the amount collected shall

24  be allocated to assist counties in providing legal aid

25  programs required under s. 29.008(3)(a).

26         3.  Twenty-five percent of the amount collected shall

27  be allocated to fund personnel and legal materials for the

28  public as part of a law library.

29         4.  Twenty-five percent of the amount collected shall

30  be used as determined by the board of county commissioners to

31  support teen court programs, except as provided in s.

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 1  938.19(7), juvenile assessment centers, and other juvenile

 2  alternative programs.

 3  

 4  Each county receiving funds under this section shall report

 5  the amount of funds collected under pursuant to this section

 6  and an itemized list of expenditures for all authorized

 7  programs and activities. The report shall be submitted in a

 8  format developed by the Supreme Court to the Governor, the

 9  Chief Financial Officer, the President of the Senate, and the

10  Speaker of the House of Representatives on a quarterly basis

11  beginning with the quarter ending September 30, 2004.

12  Quarterly reports shall be submitted no later than 30 days

13  after the end of the quarter. Any unspent funds at the close

14  of the county fiscal year allocated under subparagraphs 2.,

15  3., and 4., shall be transferred for use pursuant to

16  subparagraph 1.

17         (b)  In addition to the court costs imposed under

18  paragraph (a) and any other cost, fine, or penalty imposed by

19  law, any unit of local government which is consolidated as

20  provided by s. 9, Art. VIII of the State Constitution of 1885,

21  as preserved by s. 6(e), Art. VIII of the State Constitution

22  of 1968, and which is granted the authority in the State

23  Constitution to exercise all the powers of a municipal

24  corporation, and any unit of local government operating under

25  a home rule charter adopted pursuant to ss. 10, 11, and 24,

26  Art. VIII of the State Constitution of 1885, as preserved by

27  s. 6(e), Art. VIII of the State Constitution of 1968, which is

28  granted the authority in the State Constitution to exercise

29  all the powers conferred now or hereafter by general law upon

30  municipalities, may impose by ordinance a surcharge in the

31  amount of $85 to be imposed by the court when a person pleads

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 1  guilty or nolo contendere to, or is found guilty of, any

 2  felony, misdemeanor, or criminal traffic offense under the

 3  laws of this state. Revenue from the surcharge shall be

 4  transferred to such unit of local government for the purpose

 5  of replacing fine revenue deposited into the clerk's fine and

 6  forfeiture fund under s. 142.01. Proceeds from the imposition

 7  of the surcharge authorized in this paragraph may shall not be

 8  used for the purpose of securing payment of the principal and

 9  interest on bonds. This paragraph, and any surcharge imposed

10  under pursuant to this paragraph, shall stand repealed on

11  September 30, 2007.

12         (c)  The disbursement of costs collected under this

13  section shall be subordinate in priority order of disbursement

14  to all other state-imposed costs authorized in this chapter,

15  restitution or other compensation to victims, and child

16  support payments.

17         (2)  The court shall order a person to pay the

18  additional court cost. If the person is determined to be

19  indigent, the clerk shall defer payment of this cost.

20         Section 8.  For the purpose of incorporating the

21  amendments made by this act to section 28.24, Florida

22  Statutes, in a reference thereto, subsection (2) of section

23  55.141, Florida Statutes, is reenacted to read:

24         55.141  Satisfaction of judgments and decrees; duties

25  of clerk.--

26         (2)  Upon such payment, the clerk shall execute and

27  record in the official records a satisfaction of judgment upon

28  payment of the recording charge prescribed in s. 28.24(12).

29  Upon payment of the amount required in subsection (1) and the

30  recording charge required by this subsection and execution and

31  

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 1  recordation of the satisfaction by the clerk, any lien created

 2  by the judgment is satisfied and discharged.

 3         Section 9.  For the purpose of incorporating the

 4  amendments made by this act to section 28.24, Florida

 5  Statutes, in a reference thereto, subsection (3) of section

 6  712.06, Florida Statutes, is reenacted to read:

 7         712.06  Contents of notice; recording and indexing.--

 8         (3)  The clerk of the circuit court shall, upon such

 9  filing, mail by registered or certified mail to the purported

10  owner of said property, as stated in such notice, a copy

11  thereof and shall enter on the original, before recording the

12  same, a certificate showing such mailing. For preparing the

13  certificate, the claimant shall pay to the clerk the service

14  charge as prescribed in s. 28.24(8) and the necessary costs of

15  mailing, in addition to the recording charges as prescribed in

16  s. 28.24(12). If the notice names purported owners having more

17  than one address, the person filing the same shall furnish a

18  true copy for each of the several addresses stated, and the

19  clerk shall send one such copy to the purported owners named

20  at each respective address. Such certificate shall be

21  sufficient if the same reads substantially as follows:

22  

23         I hereby certify that I did on this ...., mail by

24  registered (or certified) mail a copy of the foregoing notice

25  to each of the following at the address stated:

26  

27  ...(Clerk of the circuit court)...

28  of .... County, Florida,

29  By ...(Deputy clerk)...

30  

31  

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 1  The clerk of the circuit court is not required to mail to the

 2  purported owner of such property any such notice that pertains

 3  solely to the preserving of any covenant or restriction or any

 4  portion of a covenant or restriction.

 5         Section 10.  Section 938.17, Florida Statutes, is

 6  amended to read:

 7         938.17  County delinquency prevention; juvenile

 8  assessment centers and school board suspension programs.--

 9         (1)  Prior to the use of costs received pursuant to s.

10  938.195 s. 939.185, the sheriff's office of the county must be

11  a partner in a written agreement with the Department of

12  Juvenile Justice to participate in a juvenile assessment

13  center or with the district school board to participate in a

14  suspension program.

15         (2)  Assessments collected by clerks of the circuit

16  courts comprised of more than one county shall remit the funds

17  collected pursuant to s. 938.195 s. 939.185 to the county in

18  which the offense at issue was committed for deposit and

19  disbursement.

20         (3)  Any other funds the sheriff's office obtains for

21  the implementation or operation of an assessment center or

22  suspension program may be deposited into the designated

23  account for disbursement to the sheriff as needed.

24         (4)  A sheriff's office that receives proceeds pursuant

25  to s. 938.195 s. 939.185 shall account for all funds annually

26  by August 1 in a written report to the juvenile justice county

27  council if funds are used for assessment centers, and to the

28  district school board if funds are used for suspension

29  programs.

30         Section 11.  Subsection (7) of section 938.19, Florida

31  Statutes, is amended to read:

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    Florida Senate - 2007                                  SB 2062
    20-768A-07




 1         938.19  Teen courts.--

 2         (7)  A teen court administered in a county that adopts

 3  an ordinance to assess court costs under this section may not

 4  receive court costs collected under s. 938.195(1)(a)4 s.

 5  939.185(1)(a)4.

 6         Section 12.  This act shall take effect July 1, 2007.

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 9                          SENATE SUMMARY

10    Requires the clerk of court to deposit certain funds for
      court-related technology needs with the chief judge of
11    the circuit. Directs the principal county in the circuit
      to use the funds in accordance with a strategic plan
12    approved by the chief judge which is designed to address
      the court-related technology needs of each county.
13    Requires that certain county-paid employees be under the
      supervision and control of the chief judge. Requires the
14    county to provide certain benefits to county-funded court
      employees. Provides that county-funded court employees
15    and other county employees may be aggregated for purposes
      of a flexible benefits plan. Requires that certain
16    specified court costs be assessed whenever a defendant
      pleads nolo contendere to, is convicted of, or is
17    adjudicated delinquent for a felony, misdemeanor, or
      criminal traffic offense. Authorizes a board of county
18    commissioners to adopt by ordinance additional court
      costs. Provides for the allocation of the additional
19    court costs. Requires the county commission to report
      certain information to the Governor and other designated
20    officers by a specified date and quarterly thereafter.

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