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A bill to be entitled

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An act relating to court costs for drug court programs;

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creating s. 938.20, F.S.; authorizing counties to provide

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by ordinance for funding drug court programs through the

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assessment of an additional mandatory court cost;

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providing for the assessment to be imposed against persons

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who plead guilty or no contest to, or who are convicted

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of, certain drug-abuse prevention and control provisions

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or certain local ordinances or uniform traffic control

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laws involving alcohol or other substance use or abuse;

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providing for collection and deposit of the assessment;

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providing for administration of the funds; providing an

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effective date.

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Be It Enacted by the Legislature of the State of Florida:

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     Section 1.  Section 938.20, Florida Statutes, is created to

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read:

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     938.20 Court costs for drug court programs.--

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     (1) Each county in which a drug court program has been

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established under s. 397.334 may require by ordinance the

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assessment of a mandatory cost in the sum of $6 which shall be

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assessed by both the circuit court and the county court in the

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county against each person who:

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     (a) Pleads guilty or nolo contendere to, or is convicted

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of, regardless of adjudication, a violation of chapter 893;

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     (b) Pleads guilty or nolo contendere to, or is convicted

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of, regardless of adjudication, a violation of a municipal

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ordinance or a county ordinance involving the use of alcohol or

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other substance use or abuse; or

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     (c) Pays a fine or civil penalty for any violation of

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chapter 316 involving the use of alcohol or other substance use

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or abuse.

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The $6 assessment shall be in addition to any fine, civil

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penalty, or other court cost and may not be deducted from the

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proceeds of that portion of any fine or civil penalty which is

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received by a municipality in the county or by the county in

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accordance with ss. 316.660 and 318.21. The $6 assessment shall

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specifically be added to any civil penalty paid for a violation

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of a provision of chapter 316 involving the use of alcohol or

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other substance use or abuse, whether such penalty is paid by

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mail, paid in person without request for a hearing, or paid after

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a hearing and determination by the court.

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     (2) The clerk of the circuit court shall collect the $6

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assessment established pursuant to subsection (1) and shall

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deposit the assessment monthly into an account specifically

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designated for operating and administering the drug court program

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within the county, less 5 percent, which shall be retained as fee

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income for the office of the clerk of the circuit court, together

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with other moneys that become available for establishing,

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operating, and administering drug court programs under state law.

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     (3) Assessments deposited into an account specifically

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designated for operating and administering the drug court

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programs within the county shall be administered by the county

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under the direction of the advisory committee appointed by the

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chief judge in each circuit pursuant to ss. 948.08 and 985.306.

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     Section 2.  This act shall take effect upon becoming a law.