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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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increasing the amount deducted from every bond estreature

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or forfeited bail bond related to such penal statutes

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which is remitted to the Department of Revenue; revising

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the allocation of funds received from the court costs and

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distributed to the Department of Law Enforcement Criminal

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Justice Standards and Training Trust Fund, the Department

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of Law Enforcement Operating Trust Fund for the Criminal

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Justice Grant Program, and the Department of Children and

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Family Services Domestic Violence Trust Fund for the

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domestic violence program; amending s. 938.30, F.S.;

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requiring defendants to pay all outstanding criminal costs

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and fines prior to the court entering an order to seal or

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expunge criminal history records; amending ss. 318.18 and

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327.73, F.S., relating to civil penalties for noncriminal

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traffic and boating infractions; conforming provisions to

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changes made by the act; 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 $4 $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, $4 $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-four Ninety-two percent to the Department of

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Law Enforcement Criminal Justice Standards and Training Trust

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Fund.

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     b.2. Four and seven-tenths Six and three-tenths percent to

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the Department of Law Enforcement Operating Trust Fund for the

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Criminal Justice Grant Program.

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     c.3. One and three-tenths and seven-tenths percent to the

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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. The funds deposited in the Additional Court Cost

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

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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.  Present subsection (12) of section 938.30,

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Florida Statutes, is redesignated as subsection (13), and a  new

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subsection (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 Rule 3.692, Florida Rules of

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Criminal Procedure, and ss. 943.0585 and 943.059 until the person

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has paid all outstanding criminal costs and fines assessed

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against the moving party, unless the court makes written findings

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about the appropriateness of sealing or expunging despite the

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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 $4 $3 court cost must be paid for each infraction to be

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distributed as provided in s. 938.01 and a $2 court cost as

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provided in s. 938.15 when assessed by a municipality or county.

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     Section 4.  Subsection (11) of section 327.73, Florida

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Statutes, is amended to read:

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     327.73  Noncriminal infractions.--

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     (11)(a)  Court costs that are to be in addition to the

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stated civil penalty shall be imposed by the court in an amount

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not less than the following:

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     1.  For swimming or diving infractions, $3.

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     2.  For nonmoving boating infractions, $6.

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     3.  For boating infractions listed in s. 327.731(1), $10.

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     (b)  In addition to the court cost assessed under paragraph

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(a), the court shall impose a $4 $3 court cost for each

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noncriminal infraction, to be distributed as provided in s.

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938.01, and a $2 court cost as provided in s. 938.15 when

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assessed by a municipality or county.

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Court costs imposed under this subsection may not exceed $30.  A

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criminal justice selection center or both local criminal justice

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access and assessment centers may be funded from these court

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costs.

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     Section 5.  This act shall take effect July 1, 2008.