Senate Bill sb2162c2
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Florida Senate - 2007 CS for CS for SB 2162
By the Committees on Judiciary; Community Affairs; and Senator
Villalobos
590-2361-07
1 A bill to be entitled
2 An act relating to local government funding;
3 amending s. 318.18, F.S.; prescribing
4 authorized uses of surplus funds generated from
5 a bond debt-service surcharge; providing
6 exception requirements for a county to impose
7 both of the surcharges under s. 318.18(13)(a)
8 and (b); deleting a specific ending date for a
9 surcharge imposed by certain local governments
10 on penalties for noncriminal infractions;
11 amending s. 938.19, F.S.; providing that a
12 court cost applies to juvenile delinquency
13 proceedings; amending s. 939.185, F.S.;
14 deleting a specific ending date for a surcharge
15 imposed by certain local governments on
16 penalties for noncriminal violations and
17 applying such surcharges to delinquency
18 proceedings; providing an effective date.
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20 Be It Enacted by the Legislature of the State of Florida:
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22 Section 1. Subsections (13) and (14) of section
23 318.18, Florida Statutes, are amended to read:
24 318.18 Amount of civil penalties.--The penalties
25 required for a noncriminal disposition pursuant to s. 318.14
26 are as follows:
27 (13) In addition to any penalties imposed for
28 noncriminal traffic infractions pursuant to this chapter or
29 imposed for criminal violations listed in s. 318.17, a board
30 of county commissioners or any unit of local government which
31 is consolidated as provided by s. 9, Art. VIII of the State
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Florida Senate - 2007 CS for CS for SB 2162
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1 Constitution of 1885, as preserved by s. 6(e), Art. VIII of
2 the Constitution of 1968:
3 (a) May impose by ordinance a surcharge of up to $15
4 for any infraction or violation to fund state court
5 facilities. The court shall not waive this surcharge. Up to 25
6 percent of the revenue from such surcharge may be used to
7 support local law libraries provided that the county or unit
8 of local government provides a level of service equal to that
9 provided prior to July 1, 2004, which shall include the
10 continuation of library facilities located in or near the
11 county courthouse or annexes.
12 (b) That imposed increased fees or service charges by
13 ordinance under s. 28.2401, s. 28.241, or s. 34.041 for the
14 purpose of securing payment of the principal and interest on
15 bonds issued by the county before July 1, 2003, to finance
16 state court facilities, may impose by ordinance a surcharge
17 for any infraction or violation for the exclusive purpose of
18 securing payment of the principal and interest on bonds issued
19 by the county before July 1, 2003, to fund state court
20 facilities until the date of stated maturity. The court shall
21 not waive this surcharge. Such surcharge may not exceed an
22 amount per violation calculated as the quotient of the maximum
23 annual payment of the principal and interest on the bonds as
24 of July 1, 2003, divided by the number of traffic citations
25 for county fiscal year 2002-2003 certified as paid by the
26 clerk of the court of the county. Such quotient shall be
27 rounded up to the next highest dollar amount. The bonds may be
28 refunded only if savings will be realized on payments of debt
29 service and the refunding bonds are scheduled to mature on the
30 same date or before the bonds being refunded. Notwithstanding
31 any other provision of this paragraph which limits the use of
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1 surcharge revenues, if the revenues generated as a result of
2 the adoption of this ordinance exceed the debt service on the
3 bonds, the surplus revenues may be used to pay down the debt
4 service on the bonds; fund other state-court-facility
5 construction projects as may be certified by the chief judge
6 as necessary to address unexpected growth in caseloads,
7 emergency requirements to accommodate public access, threats
8 to the safety of the public, judges, staff, and litigants, or
9 other exigent circumstances; or support local law libraries in
10 or near the county courthouse or annexes.
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12 A county may not impose both of the surcharges authorized
13 under paragraphs (a) and (b) concurrently unless the chief
14 judge certifies the need for additional state court facilities
15 due to unexpected growth in caseloads; emergency requirements
16 to accommodate public access; threats to the safety of the
17 public, judges, staff, and litigants; the need to support
18 local law libraries in or near the county courthouse or
19 annexes; or other exigent circumstances. The clerk of court
20 shall report, no later than 30 days after the end of the
21 quarter, the amount of funds collected under this subsection
22 during each quarter of the fiscal year. The clerk shall submit
23 the report, in a format developed by the Office of State
24 Courts Administrator, to the chief judge of the circuit, the
25 Governor, the President of the Senate, and the Speaker of the
26 House of Representatives.
27 (14) In addition to any penalties imposed for
28 noncriminal traffic infractions under this chapter or imposed
29 for criminal violations listed in s. 318.17, any unit of local
30 government that is consolidated as provided by s. 9, Art. VIII
31 of the State Constitution of 1885, as preserved by s. 6(e),
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Florida Senate - 2007 CS for CS for SB 2162
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1 Art. VIII of the State Constitution of 1968, and that is
2 granted the authority in the State Constitution to exercise
3 all the powers of a municipal corporation, and any unit of
4 local government operating under a home rule charter adopted
5 pursuant to ss. 10, 11, and 24, Art. VIII of the State
6 Constitution of 1885, as preserved by s. 6(e), Art. VIII of
7 the State Constitution of 1968, that is granted the authority
8 in the State Constitution to exercise all the powers conferred
9 now or hereafter by general law upon municipalities, may
10 impose by ordinance a surcharge of up to $15 for any
11 infraction or violation. Revenue from the surcharge shall be
12 transferred to such unit of local government for the purpose
13 of replacing fine revenue deposited into the clerk's fine and
14 forfeiture fund under s. 142.01. The court may not waive this
15 surcharge. Proceeds from the imposition of the surcharge
16 authorized in this subsection shall not be used for the
17 purpose of securing payment of the principal and interest on
18 bonds. This subsection, and any surcharge imposed pursuant to
19 this subsection, shall stand repealed September 30, 2007.
20 Section 2. Subsection (2) of section 938.19, Florida
21 Statutes, is amended to read:
22 938.19 Teen courts.--
23 (2) A sum of up to $3 shall be assessed as a court
24 cost in the circuit and county court in the county against
25 each person who pleads guilty or nolo contendere to, or is
26 convicted of, regardless of adjudication, or adjudicated
27 delinquent for a violation of a criminal law, a delinquent
28 act, or a municipal or county ordinance, or who pays a fine or
29 civil penalty for any violation of chapter 316. Any person
30 whose adjudication is withheld under s. 318.14(9) or (10)
31 shall also be assessed the cost.
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1 Section 3. Subsection (1) of section 939.185, Florida
2 Statutes, is amended to read:
3 939.185 Assessment of additional court costs and
4 surcharges.--
5 (1)(a) The board of county commissioners may adopt by
6 ordinance an additional court cost, not to exceed $65, to be
7 imposed by the court when a person pleads guilty or nolo
8 contendere to, or is found guilty of, or adjudicated
9 delinquent for, any felony, misdemeanor, delinquent act, or
10 criminal traffic offense under the laws of this state. Such
11 additional assessment shall be accounted for separately by the
12 county in which the offense occurred and be used only in the
13 county imposing this cost, to be allocated as follows:
14 1. Twenty-five percent of the amount collected shall
15 be allocated to fund innovations to supplement state funding
16 for the elements of the state courts system identified in s.
17 29.004 and county funding for local requirements under s.
18 29.008(2)(a)2.
19 2. Twenty-five percent of the amount collected shall
20 be allocated to assist counties in providing legal aid
21 programs required under s. 29.008(3)(a).
22 3. Twenty-five percent of the amount collected shall
23 be allocated to fund personnel and legal materials for the
24 public as part of a law library.
25 4. Twenty-five percent of the amount collected shall
26 be used as determined by the board of county commissioners to
27 support teen court programs, except as provided in s.
28 938.19(7), juvenile assessment centers, and other juvenile
29 alternative programs.
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1 Each county receiving funds under this section shall report
2 the amount of funds collected pursuant to this section and an
3 itemized list of expenditures for all authorized programs and
4 activities. The report shall be submitted in a format
5 developed by the Supreme Court to the Governor, the Chief
6 Financial Officer, the President of the Senate, and the
7 Speaker of the House of Representatives on a quarterly basis
8 beginning with the quarter ending September 30, 2004.
9 Quarterly reports shall be submitted no later than 30 days
10 after the end of the quarter. Any unspent funds at the close
11 of the county fiscal year allocated under subparagraphs 2.,
12 3., and 4., shall be transferred for use pursuant to
13 subparagraph 1.
14 (b) In addition to the court costs imposed under
15 paragraph (a) and any other cost, fine, or penalty imposed by
16 law, any unit of local government which is consolidated as
17 provided by s. 9, Art. VIII of the State Constitution of 1885,
18 as preserved by s. 6(e), Art. VIII of the State Constitution
19 of 1968, and which is granted the authority in the State
20 Constitution to exercise all the powers of a municipal
21 corporation, and any unit of local government operating under
22 a home rule charter adopted pursuant to ss. 10, 11, and 24,
23 Art. VIII of the State Constitution of 1885, as preserved by
24 s. 6(e), Art. VIII of the State Constitution of 1968, which is
25 granted the authority in the State Constitution to exercise
26 all the powers conferred now or hereafter by general law upon
27 municipalities, may impose by ordinance a surcharge in the
28 amount of $85 to be imposed by the court when a person pleads
29 guilty or nolo contendere to, or is found guilty of, or
30 adjudicated delinquent for, any felony, misdemeanor,
31 delinquent act, or criminal traffic offense under the laws of
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1 this state. Revenue from the surcharge shall be transferred to
2 such unit of local government for the purpose of replacing
3 fine revenue deposited into the clerk's fine and forfeiture
4 fund under s. 142.01. Proceeds from the imposition of the
5 surcharge authorized in this paragraph shall not be used for
6 the purpose of securing payment of the principal and interest
7 on bonds. This paragraph, and any surcharge imposed pursuant
8 to this paragraph, shall stand repealed on September 30, 2007.
9 (c) The disbursement of costs collected under this
10 section shall be subordinate in priority order of disbursement
11 to all other state-imposed costs authorized in this chapter,
12 restitution or other compensation to victims, and child
13 support payments.
14 Section 4. This act shall take effect July 1, 2007.
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16 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
17 CS for SB 2162
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19 Authorizes alternative uses under certain conditions for
surplus traffic-infraction-surcharge revenue.
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Authorizes certain counties that are currently authorized to
21 levy a surcharge for the service of bonds issued prior to 2003
for the funding of state-court facilities to concurrently
22 impose another traffic-infraction surcharge that other
counties may levy to fund state-court facilities.
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