Florida Senate - 2008 CS for SB 1110
By the Committee on Criminal Justice; and Senator Dean
591-05774-08 20081110c1
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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 a provision specifying that a person whose
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adjudication is withheld under specified provisions is
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also liable for such costs; increasing the amount deducted
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from every bond estreature or forfeited bail bond related
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to such penal statutes or ordinances which is remitted to
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the Department of Revenue; revising the allocation of
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funds received from the court costs and distributed to the
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Department of Law Enforcement Criminal Justice Standards
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and Training Trust Fund, the Department of Law Enforcement
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Operating Trust Fund for the Criminal Justice Grant
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Program, and the Department of Children and Family
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Services Domestic Violence Trust Fund for the domestic
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violence program; amending s. 938.30, F.S.; requiring
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defendants to pay all outstanding criminal costs and fines
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prior to the court entering an order to seal or expunge
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criminal history records unless the court makes specified
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written findings; amending s. 318.18, F.S., relating to
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civil penalties for noncriminal traffic and boating
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infractions; conforming provisions to changes made by the
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act; providing that a person whose adjudication is
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withheld under specified provisions is liable for a
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specified court cost; providing 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. Any person whose adjudication is
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withheld pursuant to the provisions of s. 318.14(9) or (10) shall
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also be liable for payment of the additional $3 court cost to be
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court cost as provided in s. 938.15 must be paid for each
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infraction when assessed by a municipality or county.
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Section 4. This act shall take effect July 1, 2008.
CODING: Words stricken are deletions; words underlined are additions.