Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 914
Barcode 384738
CHAMBER ACTION
Senate House
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11 The Committee on Judiciary (Joyner) recommended the following
12 amendment:
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14 Senate Amendment (with title amendment)
15 On page 2, between lines 7 and 8,
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17 insert:
18 Section 2. Subsection (13) of section 318.18, Florida
19 Statutes, is amended to read:
20 318.18 Amount of civil penalties.--The penalties
21 required for a noncriminal disposition pursuant to s. 318.14
22 are as follows:
23 (13) In addition to any penalties imposed for
24 noncriminal traffic infractions pursuant to this chapter or
25 imposed for criminal violations listed in s. 318.17, a board
26 of county commissioners or any unit of local government which
27 is consolidated as provided by s. 9, Art. VIII of the State
28 Constitution of 1885, as preserved by s. 6(e), Art. VIII of
29 the Constitution of 1968:
30 (a) May impose by ordinance a surcharge of up to $15
31 for any infraction or violation to fund state court
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Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 914
Barcode 384738
1 facilities. The court may shall not waive this surcharge. Up
2 to 25 percent of the revenue from such surcharge may be used
3 to support local law libraries provided that the county or
4 unit of local government provides a level of service equal to
5 that provided prior to July 1, 2004, which shall include the
6 continuation of library facilities located in or near the
7 county courthouse or annexes.
8 (b) That imposed increased fees or service charges by
9 ordinance under s. 28.2401, s. 28.241, or s. 34.041 for the
10 purpose of securing payment of the principal and interest on
11 bonds issued by the county before July 1, 2003, to finance
12 state court facilities, may impose by ordinance a surcharge
13 for any infraction or violation for the exclusive purpose of
14 securing payment of the principal and interest on bonds issued
15 by the county before July 1, 2003, to fund state court
16 facilities until the date of stated maturity. The court shall
17 not waive this surcharge. Such surcharge may not exceed an
18 amount per violation calculated as the quotient of the maximum
19 annual payment of the principal and interest on the bonds as
20 of July 1, 2003, divided by the number of traffic citations
21 for county fiscal year 2002-2003 certified as paid by the
22 clerk of the court of the county. Such quotient shall be
23 rounded up to the next highest dollar amount. The bonds may be
24 refunded only if savings will be realized on payments of debt
25 service and the refunding bonds are scheduled to mature on the
26 same date or before the bonds being refunded. If the revenues
27 generated as a result of the adoption of ordinance exceed the
28 debt service on the bonds, the surplus revenues may be used
29 to:
30 1. Pay down the debt service on the bonds;
31 2. Fund other court facility construction projects as
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Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 914
Barcode 384738
1 may be certified by the chief judge as necessary to address
2 unexpected growth in caseloads, to accommodate public access,
3 or to provide for public safety; or
4 3. Support local law libraries located in or near the
5 county courthouse or annexes.
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7 A county may not impose both of the surcharges authorized
8 under paragraphs (a) and (b) concurrently unless the chief
9 judge certifies the need for additional state court facilities
10 due to unexpected growth in caseloads, emergency requirements
11 to accommodate public access, threats to the safety of the
12 public, judges, staff, or litigants, or other exigent
13 circumstances. The clerk of court shall report, no later than
14 30 days after the end of the quarter, the amount of funds
15 collected under this subsection during each quarter of the
16 fiscal year. The clerk shall submit the report, in a format
17 developed by the Office of State Courts Administrator, to the
18 chief judge of the circuit, the Governor, the President of the
19 Senate, and the Speaker of the House of Representatives.
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21 (Redesignate subsequent sections.)
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24 ================ T I T L E A M E N D M E N T ===============
25 And the title is amended as follows:
26 On page 1, lines 2-6, delete those lines
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28 and insert:
29 An act relating to civil court fees and
30 penalties; amending s. 57.082, F.S.; providing
31 for an indigent person whose income is equal to
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12:38 PM 04/16/07 s0914c-ju18-tju
Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 914
Barcode 384738
1 or below a specified threshold to have court
2 fees waived; amending s. 318.18, F.S.;
3 providing for the use of surplus revenues
4 generated by the increased fees or service
5 charges imposed by a unit of local government;
6 providing an exception for prohibiting a county
7 from imposing certain surcharges concurrently;
8 providing an effective
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