HB 581

1
A bill to be entitled
2An act relating to court costs for drug court programs;
3creating s. 938.20, F.S.; authorizing counties to provide
4by ordinance for funding of drug court programs through
5the assessment of an additional mandatory court cost;
6providing for the assessment to be imposed against persons
7who plead guilty or no contest to, or are convicted of,
8certain drug-abuse prevention and control provisions or
9certain local ordinances or uniform traffic control laws
10involving alcohol or other substance use or abuse;
11providing for collection and deposit of the assessment;
12providing for administration of the funds; providing an
13effective date.
14
15Be It Enacted by the Legislature of the State of Florida:
16
17     Section 1.  Section 938.20, Florida Statutes, is created to
18read:
19     938.20  Court costs for drug court programs.--
20     (1)  Each county in which a drug court program has been
21established under s. 397.334 may require by ordinance the
22assessment of a mandatory cost in the sum of $6 which shall be
23assessed by both the circuit court and the county court in the
24county against each person who:
25     (a)  Pleads guilty or nolo contendere to, or is convicted
26of, regardless of adjudication, a violation of chapter 893;
27     (b)  Pleads guilty or nolo contendere to, or is convicted
28of, regardless of adjudication, a violation of a municipal
29ordinance or a county ordinance involving the use of alcohol or
30other substance use or abuse; or
31     (c)  Pays a fine or civil penalty for any violation of
32chapter 316 involving the use of alcohol or other substance use
33or abuse.
34
35The $6 assessment shall be in addition to any fine, civil
36penalty, or other court cost and may not be deducted from the
37proceeds of that portion of any fine or civil penalty which is
38received by a municipality in the county or by the county in
39accordance with ss. 316.660 and 318.21. The $6 assessment shall
40specifically be added to any civil penalty paid for a violation
41of a provision of chapter 316 involving the use of alcohol or
42other substance use or abuse, whether such penalty is paid by
43mail, paid in person without request for a hearing, or paid
44after a hearing and determination by the court.
45     (2)  The clerk of the circuit court shall collect the $6
46assessment established pursuant to subsection (1) and shall
47deposit the assessment monthly into an account specifically
48designated for operating and administering the drug court
49program within the county, less 5 percent, which shall be
50retained as fee income for the office of the clerk of the
51circuit court, together with other moneys that become available
52for establishing, operating, and administering drug court
53programs under state law.
54     (3)  Assessments deposited into an account specifically
55designated for operating and administering the drug court
56programs within the county shall be administered by the county
57under the direction of the advisory committee appointed by the
58chief judge in each circuit pursuant to s. 397.334.
59     Section 2.  This act shall take effect upon becoming a law.


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