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.

19  

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

21  

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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    Florida Senate - 2007                    CS for CS for SB 2162
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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.

11  

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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    Florida Senate - 2007                    CS for CS for SB 2162
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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.

30  

31  

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    Florida Senate - 2007                    CS for CS for SB 2162
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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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    Florida Senate - 2007                    CS for CS for SB 2162
    590-2361-07




 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.

15  

16          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
17                          CS for SB 2162

18                                 

19  Authorizes alternative uses under certain conditions for
    surplus traffic-infraction-surcharge revenue.
20  
    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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