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. |