Proposed Committee Substitute by the Committee on Criminal Justice

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A bill to be entitled

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An act relating to court costs; amending s. 938.01, F.S.;

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increasing the court cost assessed against any person

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convicted of violating a state penal or criminal statute

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or convicted of violating a municipal or county ordinance;

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deleting requirement that a person whose adjudication is

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withheld under specified provisions is also liable for

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such costs; increasing the amount deducted from every bond

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estreature or forfeited bail bond related to such penal

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statutes or ordinances which is remitted to the Department

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of Revenue; revising the allocation of funds received from

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the court costs and distributed to the Department of Law

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Enforcement Criminal Justice Standards and Training Trust

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Fund, the Department of Law Enforcement Operating Trust

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Fund for the Criminal Justice Grant Program, and the

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Department of Children and Family Services Domestic

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Violence Trust Fund for the domestic violence program;

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amending s. 938.30, F.S.; requiring defendants to pay all

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outstanding criminal costs and fines prior to the court

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entering an order to seal or expunge criminal history

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records unless the court makes specified written findings;

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amending s. 318.18, F.S., relating to civil penalties for

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noncriminal traffic and boating infractions; conforming

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provisions to changes made by the act; providing that a

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person whose adjudication is withheld under specified

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provisions is liable for a specified court cost; providing

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an effective date.

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

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     Section 1.  Subsection (1) of section 938.01, Florida

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Statutes, is amended to read:

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     938.01  Additional Court Cost Clearing Trust Fund.--

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     (1)  All courts created by Art. V of the State Constitution

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shall, in addition to any fine or other penalty, require every

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person convicted for violation of a state penal or criminal

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statute or convicted for violation of a municipal or county

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ordinance to pay $5 $3 as a court cost. Any person whose

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adjudication is withheld pursuant to the provisions of s.

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318.14(9) or (10) shall also be liable for payment of such cost.

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In addition, $5 $3 from every bond estreature or forfeited bail

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bond related to such penal statutes or penal ordinances shall be

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remitted to the Department of Revenue as described in this

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subsection. However, no such assessment may be made against any

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person convicted for violation of any state statute, municipal

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ordinance, or county ordinance relating to the parking of

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vehicles.

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     (a)  All costs collected by the courts pursuant to this

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subsection shall be remitted to the Department of Revenue in

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accordance with administrative rules adopted by the executive

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director of the Department of Revenue for deposit in the

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Additional Court Cost Clearing Trust Fund.

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     1. These funds and the funds deposited in the Additional

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Court Cost Clearing Trust Fund pursuant to s. 318.21(2)(c) shall

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be distributed as follows:

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     a.1. Ninety-five and two-tenths Ninety-two percent to the

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Department of Law Enforcement Criminal Justice Standards and

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Training Trust Fund.

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     b.2. Three and seventy-eight one-hundredths Six and three-

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tenths percent to the Department of Law Enforcement Operating

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Trust Fund for the Criminal Justice Grant Program.

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     c.3. One and two one-hundredths and seven-tenths percent to

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the Department of Children and Family Services Domestic Violence

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Trust Fund for the domestic violence program pursuant to s.

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39.903(3).

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     2. Notwithstanding subparagraph 1., the funds deposited in

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the Additional Court Cost Clearing Trust Fund pursuant to s.

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318.21(2)(c) shall be distributed as follows:

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     a. Ninety-two percent to the Department of Law Enforcement

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Criminal Justice Standards and Training Trust Fund.

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     b. Six and three-tenths percent to the Department of Law

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Enforcement Operating Trust Fund for the Criminal Justice Grant

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Program.

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     c. One and seven-tenths percent to the Department of

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Children and Family Services Domestic Violence Trust Fund for the

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domestic violence program pursuant to s. 39.903(3).

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     (b)  All funds in the Department of Law Enforcement Criminal

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Justice Standards and Training Trust Fund shall be disbursed only

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in compliance with s. 943.25(9).

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     Section 2.  Subsection (12) of section 938.30, Florida

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Statutes, is renumbered as subsection (13), and a new subsection

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(12) is added to that section to read:

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     938.30  Financial obligations in criminal cases;

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supplementary proceedings.--

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     (12) The court may not enter an order sealing or expunging

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criminal history records under court rule, s. 943.0585, or s.

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943.059 until the person has paid all outstanding criminal costs

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and fines assessed against the moving party, unless the court

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makes written findings about the appropriateness of sealing or

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expunging despite the outstanding costs and fines.

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     Section 3.  Paragraph (d) of subsection (11) of section

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318.18, Florida Statutes, is amended to read:

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     318.18  Amount of penalties.--The penalties required for a

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noncriminal disposition pursuant to s. 318.14 or a criminal

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offense listed in s. 318.17 are as follows:

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     (11)

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     (d)  In addition to the court cost required under paragraph

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(a), a $3 court cost must be paid for each noncriminal infraction

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as provided in s. 318.14, to be distributed as provided in s.

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938.01(1)(a)2., and a $5 court cost must be paid for each

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criminal offense listed in s. 318.17 to be distributed as

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provided in s. 938.01(1)(a)1. s. 938.01 Any person whose

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adjudication is withheld pursuant to the provisions of s.

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318.14(9) or (10) shall also be liable for payment of the

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additional $3 court cost to be distributed as provided in s.

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938.01(1)(a)2. and A $2 court cost as provided in s. 938.15 must

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be paid for each infraction when assessed by a municipality or

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county.

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     Section 4.  This act shall take effect July 1, 2008.