Florida Senate - 2007                      COMMITTEE AMENDMENT
    Bill No. SB 2162
                        Barcode 795636
                            CHAMBER ACTION
              Senate                               House
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       03/29/2007 03:32 PM         .                    
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11  The Committee on Community Affairs (Villalobos) recommended
12  the following amendment:
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14         Senate Amendment (with title amendment) 
15         Delete everything after the enacting clause
16  
17  and insert:  
18         Section 1.  Subsection (14) of section 318.18, Florida
19  Statutes, is amended to read:
20         318.18  Amount of civil penalties.--The penalties
21  required for a noncriminal disposition pursuant to s. 318.14
22  are as follows:
23         (14)  In addition to any penalties imposed for
24  noncriminal traffic infractions under this chapter or imposed
25  for criminal violations listed in s. 318.17, any unit of local
26  government that is consolidated as provided by s. 9, Art. VIII
27  of the State Constitution of 1885, as preserved by s. 6(e),
28  Art. VIII of the State Constitution of 1968, and that is
29  granted the authority in the State Constitution to exercise
30  all the powers of a municipal corporation, and any unit of
31  local government operating under a home rule charter adopted
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    8:09 AM   03/28/07                             s2162d-ca38-t02

Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2162 Barcode 795636 1 pursuant to ss. 10, 11, and 24, Art. VIII of the State 2 Constitution of 1885, as preserved by s. 6(e), Art. VIII of 3 the State Constitution of 1968, that is granted the authority 4 in the State Constitution to exercise all the powers conferred 5 now or hereafter by general law upon municipalities, may 6 impose by ordinance a surcharge of up to $15 for any 7 infraction or violation. Revenue from the surcharge shall be 8 transferred to such unit of local government for the purpose 9 of replacing fine revenue deposited into the clerk's fine and 10 forfeiture fund under s. 142.01. The court may not waive this 11 surcharge. Proceeds from the imposition of the surcharge 12 authorized in this subsection shall not be used for the 13 purpose of securing payment of the principal and interest on 14 bonds. This subsection, and any surcharge imposed pursuant to 15 this subsection, shall stand repealed September 30, 2007. 16 Section 2. Subsection (2) of section 938.19, Florida 17 Statutes, is amended to read: 18 938.19 Teen courts.-- 19 (2) A sum of up to $3 shall be assessed as a court 20 cost in the circuit and county court in the county against 21 each person who pleads guilty or nolo contendere to, or is 22 convicted of, regardless of adjudication, or adjudicated 23 delinquent for a violation of a criminal law, a delinquent 24 act, or a municipal or county ordinance, or who pays a fine or 25 civil penalty for any violation of chapter 316. Any person 26 whose adjudication is withheld under s. 318.14(9) or (10) 27 shall also be assessed the cost. 28 Section 3. Subsection (1) of section 939.185, Florida 29 Statutes, is amended to read: 30 939.185 Assessment of additional court costs and 31 surcharges.-- 2 8:09 AM 03/28/07 s2162d-ca38-t02
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2162 Barcode 795636 1 (1)(a) The board of county commissioners may adopt by 2 ordinance an additional court cost, not to exceed $65, to be 3 imposed by the court when a person pleads guilty or nolo 4 contendere to, or is found guilty of, or adjudicated 5 delinquent for, any felony, misdemeanor, delinquent act, or 6 criminal traffic offense under the laws of this state. Such 7 additional assessment shall be accounted for separately by the 8 county in which the offense occurred and be used only in the 9 county imposing this cost, to be allocated as follows: 10 1. Twenty-five percent of the amount collected shall 11 be allocated to fund innovations to supplement state funding 12 for the elements of the state courts system identified in s. 13 29.004 and county funding for local requirements under s. 14 29.008(2)(a)2. 15 2. Twenty-five percent of the amount collected shall 16 be allocated to assist counties in providing legal aid 17 programs required under s. 29.008(3)(a). 18 3. Twenty-five percent of the amount collected shall 19 be allocated to fund personnel and legal materials for the 20 public as part of a law library. 21 4. Twenty-five percent of the amount collected shall 22 be used as determined by the board of county commissioners to 23 support teen court programs, except as provided in s. 24 938.19(7), juvenile assessment centers, and other juvenile 25 alternative programs. 26 27 Each county receiving funds under this section shall report 28 the amount of funds collected pursuant to this section and an 29 itemized list of expenditures for all authorized programs and 30 activities. The report shall be submitted in a format 31 developed by the Supreme Court to the Governor, the Chief 3 8:09 AM 03/28/07 s2162d-ca38-t02
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2162 Barcode 795636 1 Financial Officer, the President of the Senate, and the 2 Speaker of the House of Representatives on a quarterly basis 3 beginning with the quarter ending September 30, 2004. 4 Quarterly reports shall be submitted no later than 30 days 5 after the end of the quarter. Any unspent funds at the close 6 of the county fiscal year allocated under subparagraphs 2., 7 3., and 4., shall be transferred for use pursuant to 8 subparagraph 1. 9 (b) In addition to the court costs imposed under 10 paragraph (a) and any other cost, fine, or penalty imposed by 11 law, any unit of local government which is consolidated as 12 provided by s. 9, Art. VIII of the State Constitution of 1885, 13 as preserved by s. 6(e), Art. VIII of the State Constitution 14 of 1968, and which is granted the authority in the State 15 Constitution to exercise all the powers of a municipal 16 corporation, and any unit of local government operating under 17 a home rule charter adopted pursuant to ss. 10, 11, and 24, 18 Art. VIII of the State Constitution of 1885, as preserved by 19 s. 6(e), Art. VIII of the State Constitution of 1968, which is 20 granted the authority in the State Constitution to exercise 21 all the powers conferred now or hereafter by general law upon 22 municipalities, may impose by ordinance a surcharge in the 23 amount of $85 to be imposed by the court when a person pleads 24 guilty or nolo contendere to, or is found guilty of, or 25 adjudicated delinquent for, any felony, misdemeanor, 26 delinquent act, or criminal traffic offense under the laws of 27 this state. Revenue from the surcharge shall be transferred to 28 such unit of local government for the purpose of replacing 29 fine revenue deposited into the clerk's fine and forfeiture 30 fund under s. 142.01. Proceeds from the imposition of the 31 surcharge authorized in this paragraph shall not be used for 4 8:09 AM 03/28/07 s2162d-ca38-t02
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2162 Barcode 795636 1 the purpose of securing payment of the principal and interest 2 on bonds. This paragraph, and any surcharge imposed pursuant 3 to this paragraph, shall stand repealed on September 30, 2007. 4 (c) The disbursement of costs collected under this 5 section shall be subordinate in priority order of disbursement 6 to all other state-imposed costs authorized in this chapter, 7 restitution or other compensation to victims, and child 8 support payments. 9 Section 4. This act shall take effect July 1, 2007. 10 11 12 ================ T I T L E A M E N D M E N T =============== 13 And the title is amended as follows: 14 Delete everything before the enacting clause 15 16 and insert: 17 A bill to be entitled 18 An act relating to local government funding; 19 amending s. 318.18, F.S.; deleting a specific 20 ending date for a surcharge imposed by certain 21 local governments on penalties for noncriminal 22 infractions; amending s. 938.19, F.S.; 23 providing that a court cost applies to juvenile 24 delinquency proceedings; amending s. 939.185, 25 F.S.; deleting a specific ending date for a 26 surcharge imposed by certain local governments 27 on penalties for noncriminal violations and 28 applying such surcharges to delinquency 29 proceedings; providing an effective date. 30 31 5 8:09 AM 03/28/07 s2162d-ca38-t02