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; requiring that a person participating |
9 | in community service receive credit for the civil penalty |
10 | at the specified hourly credit rate per hour of community |
11 | service performed or at the prevailing wage rate for a |
12 | trade or profession; defining the term "specified hourly |
13 | credit rate"; providing responsibilities for community |
14 | service agencies; defining the terms "community service" |
15 | and "community service agency"; providing an effective |
16 | date. |
17 |
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18 | Be It Enacted by the Legislature of the State of Florida: |
19 |
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20 | Section 1. Paragraph (b) of subsection (8) of section |
21 | 318.18, Florida Statutes, is amended to read: |
22 | 318.18 Amount of penalties.--The penalties required for a |
23 | noncriminal disposition pursuant to s. 318.14 or a criminal |
24 | offense listed in s. 318.17 are as follows: |
25 | (8) |
26 | (b)1.a. If a person has been ordered to pay a civil |
27 | penalty for a noncriminal traffic infraction and the person is |
28 | unable to comply with the court's order due to demonstrable |
29 | financial hardship, the court shall allow the person to satisfy |
30 | the civil penalty by participating in community service until |
31 | the civil penalty is paid. |
32 | b. If a court orders a person to perform community |
33 | service, the person shall receive credit for the civil penalty |
34 | at the specified hourly credit rate per hour of community |
35 | service performed, and each hour of community service performed |
36 | shall reduce the civil penalty by that amount. |
37 | 2.a. As used in this paragraph, the term "specified hourly |
38 | credit rate" means the wage rate that is specified in 29 U.S.C. |
39 | s. 206(a)(1) under the federal Fair Labor Standards Act of 1938, |
40 | that is then in effect, and that an employer subject to such |
41 | provision must pay per hour to each employee subject to such |
42 | provision. |
43 | b. However, if a person ordered to perform community |
44 | service has a trade or profession for which there is a community |
45 | service need, the specified hourly credit rate for each hour of |
46 | community service performed by that person shall be the average |
47 | prevailing wage rate for the trade or profession that the |
48 | community service agency needs. |
49 | 3.a. The community service agency supervising the person |
50 | shall record the number of hours of community service completed |
51 | and the date the community service hours were completed. The |
52 | community service agency shall submit the data to the clerk of |
53 | court on the letterhead of the community service agency, which |
54 | must also bear the signature of the person designated to |
55 | represent the community service agency. |
56 | b. When the number of community service hours completed by |
57 | the person equals the amount of the civil penalty, the clerk of |
58 | court shall certify this fact to the court. Thereafter, the |
59 | clerk of court shall record in the case file that the civil |
60 | penalty has been paid in full. |
61 | 4. As used in this paragraph, the term: |
62 | a. "Community service" means uncompensated labor for a |
63 | community service agency. |
64 | b. "Community service agency" means a not-for-profit |
65 | corporation, community organization, charitable organization, |
66 | public officer, the state or any political subdivision of the |
67 | state, or any other body the purpose of which is to improve the |
68 | quality of life or social welfare of the community and which |
69 | agrees to accept community service from persons unable to pay |
70 | civil penalties for noncriminal traffic infractions. |
71 | (b) Any person who fails to comply with the court's |
72 | requirements as to civil penalties specified in this section due |
73 | to demonstrable financial hardship shall be authorized to |
74 | satisfy such civil penalties by public works or community |
75 | service. Each hour of such service shall be applied, at the rate |
76 | of the minimum wage, toward payment of the person's civil |
77 | penalties; provided, however, that if the person has a trade or |
78 | profession for which there is a community service need and |
79 | application, the rate for each hour of such service shall be the |
80 | average standard wage for such trade or profession. Any person |
81 | who fails to comply with the court's requirements as to such |
82 | civil penalties who does not demonstrate financial hardship may |
83 | also, at the discretion of the court, be authorized to satisfy |
84 | such civil penalties by public works or community service in the |
85 | same manner. |
86 | Section 2. This act shall take effect July 1, 2008. |