| 1 | A bill to be entitled |
| 2 | An act relating to community service for infractions of |
| 3 | noncriminal traffic offenses; amending s. 318.18, F.S.; |
| 4 | requiring a court to allow a person to satisfy a civil |
| 5 | penalty for an infraction of a noncriminal traffic offense |
| 6 | by participating in community service if the person is |
| 7 | unable to pay the civil penalty due to a demonstrable |
| 8 | financial hardship; authorizing a court to allow a person |
| 9 | to participate in community service even if the person |
| 10 | does not demonstrate financial hardship; requiring that a |
| 11 | person participating in community service receive credit |
| 12 | for the civil penalty at the specified hourly credit rate |
| 13 | per hour of community service performed or at the |
| 14 | prevailing wage rate for a trade or profession; defining |
| 15 | the term "specified hourly credit rate"; providing |
| 16 | responsibilities for community service agencies; defining |
| 17 | the terms "community service" and "community service |
| 18 | agency"; providing an effective date. |
| 19 |
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| 20 | Be It Enacted by the Legislature of the State of Florida: |
| 21 |
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| 22 | Section 1. Paragraph (b) of subsection (8) of section |
| 23 | 318.18, Florida Statutes, is amended to read: |
| 24 | 318.18 Amount of penalties.--The penalties required for a |
| 25 | noncriminal disposition pursuant to s. 318.14 or a criminal |
| 26 | offense listed in s. 318.17 are as follows: |
| 27 | (8) |
| 28 | (b)1.a. If a person has been ordered to pay a civil |
| 29 | penalty for a noncriminal traffic infraction and the person is |
| 30 | unable to comply with the court's order due to demonstrable |
| 31 | financial hardship, the court shall allow the person to satisfy |
| 32 | the civil penalty by participating in community service until |
| 33 | the civil penalty is paid. |
| 34 | b. If a person has been ordered to pay a civil penalty for |
| 35 | a noncriminal traffic infraction but cannot demonstrate |
| 36 | financial hardship, a person may also, at the discretion of the |
| 37 | court, be authorized to satisfy the civil penalty by |
| 38 | participating in community service until the civil penalty is |
| 39 | paid. |
| 40 | c. If a court orders a person to perform community |
| 41 | service, the person shall receive credit for the civil penalty |
| 42 | at the specified hourly credit rate per hour of community |
| 43 | service performed, and each hour of community service performed |
| 44 | shall reduce the civil penalty by that amount. |
| 45 | 2.a. As used in this paragraph, the term "specified hourly |
| 46 | credit rate" means the wage rate that is specified in 29 U.S.C. |
| 47 | s. 206(a)(1) under the federal Fair Labor Standards Act of 1938, |
| 48 | that is then in effect, and that an employer subject to such |
| 49 | provision must pay per hour to each employee subject to such |
| 50 | provision. |
| 51 | b. However, if a person ordered to perform community |
| 52 | service has a trade or profession for which there is a community |
| 53 | service need, the specified hourly credit rate for each hour of |
| 54 | community service performed by that person shall be the average |
| 55 | prevailing wage rate for the trade or profession that the |
| 56 | community service agency needs. |
| 57 | 3.a. The community service agency supervising the person |
| 58 | shall record the number of hours of community service completed |
| 59 | and the date the community service hours were completed. The |
| 60 | community service agency shall submit the data to the clerk of |
| 61 | court on the letterhead of the community service agency, which |
| 62 | must also bear the signature of the person designated to |
| 63 | represent the community service agency. |
| 64 | b. When the number of community service hours completed by |
| 65 | the person equals the amount of the civil penalty, the clerk of |
| 66 | court shall certify this fact to the court. Thereafter, the |
| 67 | clerk of court shall record in the case file that the civil |
| 68 | penalty has been paid in full. |
| 69 | 4. Notwithstanding any other law, a person's driver's |
| 70 | license may not be suspended for failing to pay the civil |
| 71 | penalty without a finding that the person has the ability to pay |
| 72 | the civil penalty. |
| 73 | 5. As used in this paragraph, the term: |
| 74 | a. "Community service" means uncompensated labor for a |
| 75 | community service agency. |
| 76 | b. "Community service agency" means a not-for-profit |
| 77 | corporation, community organization, charitable organization, |
| 78 | public officer, the state or any political subdivision of the |
| 79 | state, or any other body the purpose of which is to improve the |
| 80 | quality of life or social welfare of the community and which |
| 81 | agrees to accept community service from persons unable to pay |
| 82 | civil penalties for noncriminal traffic infractions. |
| 83 | (b) Any person who fails to comply with the court's |
| 84 | requirements as to civil penalties specified in this section due |
| 85 | to demonstrable financial hardship shall be authorized to |
| 86 | satisfy such civil penalties by public works or community |
| 87 | service. Each hour of such service shall be applied, at the rate |
| 88 | of the minimum wage, toward payment of the person's civil |
| 89 | penalties; provided, however, that if the person has a trade or |
| 90 | profession for which there is a community service need and |
| 91 | application, the rate for each hour of such service shall be the |
| 92 | average standard wage for such trade or profession. Any person |
| 93 | who fails to comply with the court's requirements as to such |
| 94 | civil penalties who does not demonstrate financial hardship may |
| 95 | also, at the discretion of the court, be authorized to satisfy |
| 96 | such civil penalties by public works or community service in the |
| 97 | same manner. |
| 98 | Section 2. This act shall take effect July 1, 2008. |