| 1 | A bill to be entitled |
| 2 | An act relating to court costs; amending s. 938.01, F.S.; |
| 3 | increasing the court cost assessed against any person |
| 4 | convicted of violating a state penal or criminal statute |
| 5 | or convicted of violating a municipal or county ordinance; |
| 6 | increasing the amount deducted from every bond estreature |
| 7 | or forfeited bail bond related to such penal statutes or |
| 8 | ordinances that is remitted to the Department of Revenue; |
| 9 | revising the allocation of funds received from the court |
| 10 | costs and distributed to the Department of Law Enforcement |
| 11 | Criminal Justice Standards and Training Trust Fund, the |
| 12 | Department of Law Enforcement Operating Trust Fund for the |
| 13 | Criminal Justice Grant Program, and the Department of |
| 14 | Children and Family Services Domestic Violence Trust Fund |
| 15 | for the domestic violence program; amending s. 938.30, |
| 16 | F.S.; requiring defendants to pay all outstanding criminal |
| 17 | costs and fines prior to the court entering an order to |
| 18 | seal or expunge criminal history records unless the court |
| 19 | makes specified written findings; amending ss. 318.18 and |
| 20 | 327.73, F.S., relating to civil penalties for noncriminal |
| 21 | traffic and boating infractions; conforming provisions to |
| 22 | changes made by the act; providing an effective date. |
| 23 |
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| 24 | Be It Enacted by the Legislature of the State of Florida: |
| 25 |
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| 26 | Section 1. Subsection (1) of section 938.01, Florida |
| 27 | Statutes, is amended to read: |
| 28 | 938.01 Additional Court Cost Clearing Trust Fund.-- |
| 29 | (1) All courts created by Art. V of the State Constitution |
| 30 | shall, in addition to any fine or other penalty, require every |
| 31 | person convicted for violation of a state penal or criminal |
| 32 | statute or convicted for violation of a municipal or county |
| 33 | ordinance to pay $5 $3 as a court cost. Any person whose |
| 34 | adjudication is withheld pursuant to the provisions of s. |
| 35 | 318.14(9) or (10) shall also be liable for payment of such cost. |
| 36 | In addition, $5 $3 from every bond estreature or forfeited bail |
| 37 | bond related to such penal statutes or penal ordinances shall be |
| 38 | remitted to the Department of Revenue as described in this |
| 39 | subsection. However, no such assessment may be made against any |
| 40 | person convicted for violation of any state statute, municipal |
| 41 | ordinance, or county ordinance relating to the parking of |
| 42 | vehicles. |
| 43 | (a) All costs collected by the courts pursuant to this |
| 44 | subsection shall be remitted to the Department of Revenue in |
| 45 | accordance with administrative rules adopted by the executive |
| 46 | director of the Department of Revenue for deposit in the |
| 47 | Additional Court Cost Clearing Trust Fund. |
| 48 | 1. These funds and the funds deposited in the Additional |
| 49 | Court Cost Clearing Trust Fund pursuant to s. 318.21(2)(c) shall |
| 50 | be distributed as follows: |
| 51 | a.1. Ninety-five and two-tenths Ninety-two percent to the |
| 52 | Department of Law Enforcement Criminal Justice Standards and |
| 53 | Training Trust Fund. |
| 54 | b.2. Three and seventy-eight one-hundredths Six and three- |
| 55 | tenths percent to the Department of Law Enforcement Operating |
| 56 | Trust Fund for the Criminal Justice Grant Program. |
| 57 | c.3. One and two one-hundredths and seven-tenths percent |
| 58 | to the Department of Children and Family Services Domestic |
| 59 | Violence Trust Fund for the domestic violence program pursuant |
| 60 | to s. 39.903(3). |
| 61 | 2. Notwithstanding subparagraph 1., the funds deposited in |
| 62 | the Additional Court Cost Clearing Trust Fund pursuant to s. |
| 63 | 318.21(2)(c) shall be distributed as follows: |
| 64 | a. Ninety-two percent to the Department of Law Enforcement |
| 65 | Criminal Justice Standards and Training Trust Fund. |
| 66 | b. Six and three-tenths percent to the Department of Law |
| 67 | Enforcement Operating Trust Fund for the Criminal Justice Grant |
| 68 | Program. |
| 69 | c. One and seven-tenths percent to the Department of |
| 70 | Children and Family Services Domestic Violence Trust Fund for |
| 71 | the domestic violence program pursuant to s. 39.903(3). |
| 72 | (b) All funds in the Department of Law Enforcement |
| 73 | Criminal Justice Standards and Training Trust Fund shall be |
| 74 | disbursed only in compliance with s. 943.25(9). |
| 75 | Section 2. Present subsection (12) of section 938.30, |
| 76 | Florida Statutes, is renumbered as subsection (13), and a new |
| 77 | subsection (12) is added to that section to read: |
| 78 | 938.30 Financial obligations in criminal cases; |
| 79 | supplementary proceedings.-- |
| 80 | (12) The court shall not enter an order sealing or |
| 81 | expunging criminal history records under Rule 3.692, Florida |
| 82 | Rules of Criminal Procedure, and ss. 943.0585 and 943.059 until |
| 83 | the person has paid all outstanding criminal costs and fines |
| 84 | assessed against the moving party unless the court makes written |
| 85 | findings about the appropriateness of sealing or expunging the |
| 86 | records despite the outstanding costs and fines. |
| 87 | Section 3. Paragraph (d) of subsection (11) of section |
| 88 | 318.18, Florida Statutes, is amended to read: |
| 89 | 318.18 Amount of civil penalties.--The penalties required |
| 90 | for a noncriminal disposition pursuant to s. 318.14 are as |
| 91 | follows: |
| 92 | (11) |
| 93 | (d) In addition to the court cost required under paragraph |
| 94 | (a), a $5 $3 court cost must be paid for each infraction to be |
| 95 | distributed as provided in s. 938.01 and a $2 court cost as |
| 96 | provided in s. 938.15 when assessed by a municipality or county. |
| 97 | Section 4. Subsection (11) of section 327.73, Florida |
| 98 | Statutes, is amended to read: |
| 99 | 327.73 Noncriminal infractions.-- |
| 100 | (11)(a) Court costs that are to be in addition to the |
| 101 | stated civil penalty shall be imposed by the court in an amount |
| 102 | not less than the following: |
| 103 | 1. For swimming or diving infractions, $3. |
| 104 | 2. For nonmoving boating infractions, $6. |
| 105 | 3. For boating infractions listed in s. 327.731(1), $10. |
| 106 | (b) In addition to the court cost assessed under paragraph |
| 107 | (a), the court shall impose a $5 $3 court cost for each |
| 108 | noncriminal infraction, to be distributed as provided in s. |
| 109 | 938.01, and a $2 court cost as provided in s. 938.15 when |
| 110 | assessed by a municipality or county. |
| 111 |
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| 112 | Court costs imposed under this subsection may not exceed $30. A |
| 113 | criminal justice selection center or both local criminal justice |
| 114 | access and assessment centers may be funded from these court |
| 115 | costs. |
| 116 | Section 5. This act shall take effect July 1, 2007. |