CS/HB 1509

1
A bill to be entitled
2An act relating to community service for infractions of
3noncriminal traffic offenses; amending s. 318.18, F.S.;
4requiring a court to allow a person to satisfy a civil
5penalty for an infraction of a noncriminal traffic offense
6by participating in community service if the person is
7unable to pay the civil penalty due to a demonstrable
8financial hardship; requiring that a person participating
9in community service receive credit for the civil penalty
10at the specified hourly credit rate per hour of community
11service performed or at the prevailing wage rate for a
12trade or profession; defining the term "specified hourly
13credit rate"; providing responsibilities for community
14service agencies; defining the terms "community service"
15and "community service agency"; providing an effective
16date.
17
18Be It Enacted by the Legislature of the State of Florida:
19
20     Section 1.  Paragraph (b) of subsection (8) of section
21318.18, Florida Statutes, is amended to read:
22     318.18  Amount of penalties.--The penalties required for a
23noncriminal disposition pursuant to s. 318.14 or a criminal
24offense listed in s. 318.17 are as follows:
25     (8)
26     (b)1.a.  If a person has been ordered to pay a civil
27penalty for a noncriminal traffic infraction and the person is
28unable to comply with the court's order due to demonstrable
29financial hardship, the court shall allow the person to satisfy
30the civil penalty by participating in community service until
31the civil penalty is paid.
32     b.  If a court orders a person to perform community
33service, the person shall receive credit for the civil penalty
34at the specified hourly credit rate per hour of community
35service performed, and each hour of community service performed
36shall reduce the civil penalty by that amount.
37     2.a.  As used in this paragraph, the term "specified hourly
38credit rate" means the wage rate that is specified in 29 U.S.C.
39s. 206(a)(1) under the federal Fair Labor Standards Act of 1938,
40that is then in effect, and that an employer subject to such
41provision must pay per hour to each employee subject to such
42provision.
43     b.  However, if a person ordered to perform community
44service has a trade or profession for which there is a community
45service need, the specified hourly credit rate for each hour of
46community service performed by that person shall be the average
47prevailing wage rate for the trade or profession that the
48community service agency needs.
49     3.a.  The community service agency supervising the person
50shall record the number of hours of community service completed
51and the date the community service hours were completed. The
52community service agency shall submit the data to the clerk of
53court on the letterhead of the community service agency, which
54must also bear the signature of the person designated to
55represent the community service agency.
56     b.  When the number of community service hours completed by
57the person equals the amount of the civil penalty, the clerk of
58court shall certify this fact to the court. Thereafter, the
59clerk of court shall record in the case file that the civil
60penalty has been paid in full.
61     4.  Notwithstanding any other law, a person's driver's
62license may not be suspended for failing to pay the civil
63penalty without a finding that the person has the ability to pay
64the civil penalty.
65     5.  As used in this paragraph, the term:
66     a.  "Community service" means uncompensated labor for a
67community service agency.
68     b.  "Community service agency" means a not-for-profit
69corporation, community organization, charitable organization,
70public officer, the state or any political subdivision of the
71state, or any other body the purpose of which is to improve the
72quality of life or social welfare of the community and which
73agrees to accept community service from persons unable to pay
74civil penalties for noncriminal traffic infractions.
75     (b)  Any person who fails to comply with the court's
76requirements as to civil penalties specified in this section due
77to demonstrable financial hardship shall be authorized to
78satisfy such civil penalties by public works or community
79service. Each hour of such service shall be applied, at the rate
80of the minimum wage, toward payment of the person's civil
81penalties; provided, however, that if the person has a trade or
82profession for which there is a community service need and
83application, the rate for each hour of such service shall be the
84average standard wage for such trade or profession. Any person
85who fails to comply with the court's requirements as to such
86civil penalties who does not demonstrate financial hardship may
87also, at the discretion of the court, be authorized to satisfy
88such civil penalties by public works or community service in the
89same manner.
90     Section 2.  This act shall take effect July 1, 2008.


CODING: Words stricken are deletions; words underlined are additions.