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A bill to be entitled

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An act relating to community service for infractions of

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noncriminal traffic offenses; amending s. 318.18, F.S.;

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requiring a court to allow a person to satisfy a civil

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penalty for an infraction of a noncriminal traffic offense

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by participating in community service if the person is

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unable to pay the civil penalty due to a demonstrable

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financial hardship; authorizing a court to allow a person

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to participate in community service even if the person

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does not demonstrate financial hardship; requiring that a

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person participating in community service receive credit

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for the civil penalty at the specified hourly credit rate

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per hour of community service performed or at the

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prevailing wage rate for a trade or profession; defining

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the term "specified hourly credit rate"; providing

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responsibilities for community service agencies; defining

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the terms "community service" and "community service

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agency"; providing an effective date.

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

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     Section 1.  Paragraph (b) of subsection (8) of section

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318.18, Florida Statutes, is amended to read:

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     318.18  Amount of penalties.--The penalties required for a

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noncriminal disposition pursuant to s. 318.14 or a criminal

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offense listed in s. 318.17 are as follows:

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     (8)

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     (b)1.a. If a person has been ordered to pay a civil penalty

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for a noncriminal traffic infraction and the person is unable to

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comply with the court's order due to demonstrable financial

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hardship, the court shall allow the person to satisfy the civil

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penalty by participating in community service until the civil

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penalty is paid.

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     b. If a person has been ordered to pay a civil penalty for

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a noncriminal traffic infraction but cannot demonstrate financial

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hardship, a person may also, at the discretion of the court, be

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authorized to satisfy the civil penalty by participating in

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community service until the civil penalty is paid.

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     c. If a court orders a person to perform community service,

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the person shall receive credit for the civil penalty at the

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specified hourly credit rate per hour of community service

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performed, and each hour of community service performed shall

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reduce the civil penalty by that amount.

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     2.a. As used in this paragraph, the term "specified hourly

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credit rate" means the wage rate that is specified in 29 U.S.C.

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s. 206(a)(1) under the federal Fair Labor Standards Act of 1938,

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that is then in effect, and that an employer subject to such

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provision must pay per hour to each employee subject to such

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provision.

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     b. However, if a person ordered to perform community

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service has a trade or profession for which there is a community

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service need, the specified hourly credit rate for each hour of

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community service performed by that person shall be the average

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prevailing wage rate for the trade or profession that the

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community service agency needs.

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     3.a. The community service agency supervising the person

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shall record the number of hours of community service completed

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and the date the community service hours were completed. The

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community service agency shall submit the data to the clerk of

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court on the letterhead of the community service agency, which

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must also bear the signature of the person designated to

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represent the community service agency.

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     b. When the number of community service hours completed by

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the person equals the amount of the civil penalty, the clerk of

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court shall certify this fact to the court. Thereafter, the clerk

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of court shall record in the case file that the civil penalty has

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been paid in full.

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     4. Notwithstanding any other law, a person's driver's

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license may not be suspended for failing to pay the civil penalty

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without a finding that the person has the ability to pay the

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civil penalty.

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     5. As used in this paragraph, the term:

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     a. "Community service" means uncompensated labor for a

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community service agency.

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     b. "Community service agency" means a not-for-profit

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corporation, community organization, charitable organization,

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public officer, the state or any political subdivision of the

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state, or any other body the purpose of which is to improve the

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quality of life or social welfare of the community and which

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agrees to accept community service from persons unable to pay

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civil penalties for noncriminal traffic infractions.

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     (b) Any person who fails to comply with the court's

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requirements as to civil penalties specified in this section due

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to demonstrable financial hardship shall be authorized to satisfy

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such civil penalties by public works or community service. Each

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hour of such service shall be applied, at the rate of the minimum

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wage, toward payment of the person's civil penalties; provided,

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however, that if the person has a trade or profession for which

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there is a community service need and application, the rate for

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each hour of such service shall be the average standard wage for

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such trade or profession. Any person who fails to comply with the

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court's requirements as to such civil penalties who does not

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demonstrate financial hardship may also, at the discretion of the

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court, be authorized to satisfy such civil penalties by public

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works or community service in the same manner.

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     Section 2.  This act shall take effect July 1, 2008.