Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. CS for SB 2162
Barcode 794700
CHAMBER ACTION
Senate House
.
.
1 Comm: RCS .
04/10/2007 01:58 PM .
2 .
.
3 .
.
4 ______________________________________________________________
5
6
7
8
9
10 ______________________________________________________________
11 The Committee on Judiciary (Villalobos) recommended the
12 following amendment:
13
14 Senate Amendment (with title amendment)
15 On page 1, lines 17 through 21, delete those lines
16
17 and insert: Section 1. Subsections (13) and (14) of section
18 318.18, Florida Statutes, are amended to read:
19 318.18 Amount of civil penalties.--The penalties
20 required for a noncriminal disposition pursuant to s. 318.14
21 are as follows:
22 (13) In addition to any penalties imposed for
23 noncriminal traffic infractions pursuant to this chapter or
24 imposed for criminal violations listed in s. 318.17, a board
25 of county commissioners or any unit of local government which
26 is consolidated as provided by s. 9, Art. VIII of the State
27 Constitution of 1885, as preserved by s. 6(e), Art. VIII of
28 the Constitution of 1968:
29 (a) May impose by ordinance a surcharge of up to $15
30 for any infraction or violation to fund state court
31 facilities. The court shall not waive this surcharge. Up to 25
1
4:29 PM 04/09/07 s2162.ju38.01a
Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. CS for SB 2162
Barcode 794700
1 percent of the revenue from such surcharge may be used to
2 support local law libraries provided that the county or unit
3 of local government provides a level of service equal to that
4 provided prior to July 1, 2004, which shall include the
5 continuation of library facilities located in or near the
6 county courthouse or annexes.
7 (b) That imposed increased fees or service charges by
8 ordinance under s. 28.2401, s. 28.241, or s. 34.041 for the
9 purpose of securing payment of the principal and interest on
10 bonds issued by the county before July 1, 2003, to finance
11 state court facilities, may impose by ordinance a surcharge
12 for any infraction or violation for the exclusive purpose of
13 securing payment of the principal and interest on bonds issued
14 by the county before July 1, 2003, to fund state court
15 facilities until the date of stated maturity. The court shall
16 not waive this surcharge. Such surcharge may not exceed an
17 amount per violation calculated as the quotient of the maximum
18 annual payment of the principal and interest on the bonds as
19 of July 1, 2003, divided by the number of traffic citations
20 for county fiscal year 2002-2003 certified as paid by the
21 clerk of the court of the county. Such quotient shall be
22 rounded up to the next highest dollar amount. The bonds may be
23 refunded only if savings will be realized on payments of debt
24 service and the refunding bonds are scheduled to mature on the
25 same date or before the bonds being refunded. Notwithstanding
26 any of the foregoing provisions of this paragraph that limit
27 the use of surcharge revenues, if the revenues generated as a
28 result of the adoption of this ordinance exceed the debt
29 service on the bonds, the surplus revenues may be used to pay
30 down the debt service on the bonds; fund other
31 state-court-facility construction projects as may be certified
2
4:29 PM 04/09/07 s2162.ju38.01a
Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. CS for SB 2162
Barcode 794700
1 by the chief judge as necessary to address unexpected growth
2 in caseloads, emergency requirements to accommodate public
3 access, threats to the safety of the public, judges, staff,
4 and litigants, or other exigent circumstances; or support
5 local law libraries in or near the county courthouse or
6 annexes.
7
8 A county may not impose both of the surcharges authorized
9 under paragraphs (a) and (b) concurrently, unless the chief
10 judge certifies the need for additional state court facilities
11 due to unexpected growth in caseloads; emergency requirements
12 to accommodate public access; threats to the safety of the
13 public, judges, staff, and litigants; the need to support
14 local law libraries in or near the county courthouse or
15 annexes; or other exigent circumstances. The clerk of court
16 shall report, no later than 30 days after the end of the
17 quarter, the amount of funds collected under this subsection
18 during each quarter of the fiscal year. The clerk shall submit
19 the report, in a format developed by the Office of State
20 Courts Administrator, to the chief judge of the circuit, the
21 Governor, the President of the Senate, and the Speaker of the
22 House of Representatives.
23
24
25 ================ T I T L E A M E N D M E N T ===============
26 And the title is amended as follows:
27 On page 1, line 3, after the semicolon,
28
29 insert:
30 prescribing authorized uses of surplus funds
31 generated from a bond-debt-service surcharge;
3
4:29 PM 04/09/07 s2162.ju38.01a
Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. CS for SB 2162
Barcode 794700
1 providing exception requirements for a county
2 to impose both of the surcharges under s.
3 318.18(13)(a) and (b);
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
4
4:29 PM 04/09/07 s2162.ju38.01a