CS/HB 741

1
A bill to be entitled
2An act relating to court costs; amending s. 938.01, F.S.;
3increasing the court cost assessed against any person
4convicted of violating a state penal or criminal statute
5or convicted of violating a municipal or county ordinance;
6increasing the amount deducted from every bond estreature
7or forfeited bail bond related to such penal statutes or
8ordinances that is remitted to the Department of Revenue;
9revising the allocation of funds received from the court
10costs and distributed to the Department of Law Enforcement
11Criminal Justice Standards and Training Trust Fund, the
12Department of Law Enforcement Operating Trust Fund for the
13Criminal Justice Grant Program, and the Department of
14Children and Family Services Domestic Violence Trust Fund
15for the domestic violence program; amending s. 938.30,
16F.S.; requiring defendants to pay all outstanding criminal
17costs and fines prior to the court entering an order to
18seal or expunge criminal history records unless the court
19makes specified written findings; amending ss. 318.18 and
20327.73, F.S., relating to civil penalties for noncriminal
21traffic and boating infractions; conforming provisions to
22changes made by the act; providing an effective date.
23
24Be It Enacted by the Legislature of the State of Florida:
25
26     Section 1.  Subsection (1) of section 938.01, Florida
27Statutes, 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
30shall, in addition to any fine or other penalty, require every
31person convicted for violation of a state penal or criminal
32statute or convicted for violation of a municipal or county
33ordinance to pay $5 $3 as a court cost. Any person whose
34adjudication is withheld pursuant to the provisions of s.
35318.14(9) or (10) shall also be liable for payment of such cost.
36In addition, $5 $3 from every bond estreature or forfeited bail
37bond related to such penal statutes or penal ordinances shall be
38remitted to the Department of Revenue as described in this
39subsection. However, no such assessment may be made against any
40person convicted for violation of any state statute, municipal
41ordinance, or county ordinance relating to the parking of
42vehicles.
43     (a)  All costs collected by the courts pursuant to this
44subsection shall be remitted to the Department of Revenue in
45accordance with administrative rules adopted by the executive
46director of the Department of Revenue for deposit in the
47Additional Court Cost Clearing Trust Fund.
48     1.  These funds and the funds deposited in the Additional
49Court Cost Clearing Trust Fund pursuant to s. 318.21(2)(c) shall
50be distributed as follows:
51     a.1.  Ninety-five and two-tenths Ninety-two percent to the
52Department of Law Enforcement Criminal Justice Standards and
53Training Trust Fund.
54     b.2.  Three and seventy-eight one-hundredths Six and three-
55tenths percent to the Department of Law Enforcement Operating
56Trust Fund for the Criminal Justice Grant Program.
57     c.3.  One and two one-hundredths and seven-tenths percent
58to the Department of Children and Family Services Domestic
59Violence Trust Fund for the domestic violence program pursuant
60to s. 39.903(3).
61     2.  Notwithstanding subparagraph 1., the funds deposited in
62the Additional Court Cost Clearing Trust Fund pursuant to s.
63318.21(2)(c) shall be distributed as follows:
64     a.  Ninety-two percent to the Department of Law Enforcement
65Criminal Justice Standards and Training Trust Fund.
66     b.  Six and three-tenths percent to the Department of Law
67Enforcement Operating Trust Fund for the Criminal Justice Grant
68Program.
69     c.  One and seven-tenths percent to the Department of
70Children and Family Services Domestic Violence Trust Fund for
71the domestic violence program pursuant to s. 39.903(3).
72     (b)  All funds in the Department of Law Enforcement
73Criminal Justice Standards and Training Trust Fund shall be
74disbursed only in compliance with s. 943.25(9).
75     Section 2.  Present subsection (12) of section 938.30,
76Florida Statutes, is renumbered as subsection (13), and a new
77subsection (12) is added to that section to read:
78     938.30  Financial obligations in criminal cases;
79supplementary proceedings.--
80     (12)  The court shall not enter an order sealing or
81expunging criminal history records under Rule 3.692, Florida
82Rules of Criminal Procedure, and ss. 943.0585 and 943.059 until
83the person has paid all outstanding criminal costs and fines
84assessed against the moving party unless the court makes written
85findings about the appropriateness of sealing or expunging the
86records despite the outstanding costs and fines.
87     Section 3.  Paragraph (d) of subsection (11) of section
88318.18, Florida Statutes, is amended to read:
89     318.18  Amount of civil penalties.--The penalties required
90for a noncriminal disposition pursuant to s. 318.14 are as
91follows:
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
95distributed as provided in s. 938.01 and a $2 court cost as
96provided in s. 938.15 when assessed by a municipality or county.
97     Section 4.  Subsection (11) of section 327.73, Florida
98Statutes, is amended to read:
99     327.73  Noncriminal infractions.--
100     (11)(a)  Court costs that are to be in addition to the
101stated civil penalty shall be imposed by the court in an amount
102not 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
108noncriminal infraction, to be distributed as provided in s.
109938.01, and a $2 court cost as provided in s. 938.15 when
110assessed by a municipality or county.
111
112Court costs imposed under this subsection may not exceed $30. A
113criminal justice selection center or both local criminal justice
114access and assessment centers may be funded from these court
115costs.
116     Section 5.  This act shall take effect July 1, 2007.


CODING: Words stricken are deletions; words underlined are additions.