CS/HB 1195

1
A bill to be entitled
2An act relating to retention of law enforcement,
3correctional, and correctional probation officers;
4amending s. 318.15, F.S.; increasing a service charge paid
5for reinstatement of a suspended driver's license and
6privilege to drive; revising provisions for distribution
7and use of funds; amending s. 318.18, F.S.; increasing a
8civil penalty for late payment of civil traffic penalties;
9revising provisions for distribution and use of funds;
10amending s. 322.21, F.S.; increasing the fees for
11reinstating a suspended or revoked driver's license;
12revising provisions for distribution and use of funds;
13amending s. 322.29, F.S.; conforming provisions to changes
14made by the act; amending s. 943.0585, F.S.; increasing
15the processing fee for a certificate of eligibility for
16expunction of criminal history records; revising
17provisions for distribution and use of funds; amending s.
18943.059, F.S.; increasing the processing fee for a
19certificate of eligibility for sealing of criminal history
20records; revising provisions for distribution and use of
21funds; amending s. 945.215, F.S.; providing for a
22surcharge on items for resale at inmate canteens and
23vending machines maintained at correctional facilities;
24providing for use of the surcharge; amending s. 943.25,
25F.S.; providing that funds from a specified trust fund may
26be used for retention of specified officers; providing an
27effective date.
28
29Be It Enacted by the Legislature of the State of Florida:
30
31     Section 1.  Subsection (2) of section 318.15, Florida
32Statutes, is amended to read:
33     318.15  Failure to comply with civil penalty or to appear;
34penalty.--
35     (2)  After suspension of the driver's license and privilege
36to drive of a person under subsection (1), the license and
37privilege may not be reinstated until the person complies with
38all obligations and penalties imposed on him or her under s.
39318.18 and presents to a driver license office a certificate of
40compliance issued by the court, together with a nonrefundable
41service charge of up to $60 $47.50 imposed under s. 322.29, or
42presents a certificate of compliance and pays the aforementioned
43service charge of up to $60 $47.50 to the clerk of the court or
44a driver licensing agent authorized in s. 322.135 clearing such
45suspension. Of the charge collected by the clerk of the court or
46driver licensing agent, $10 shall be remitted to the Department
47of Revenue to be deposited into the Highway Safety Operating
48Trust Fund and $12.50 shall be remitted to the Department of
49Revenue to be deposited into the Criminal Justice Standards and
50Training Trust Fund and used to retain law enforcement,
51correctional, and correctional probation officers, as defined in
52s. 943.10(1), (2), and (3), who are employed in sworn or
53certified public safety occupations by the state. Such person
54shall also be in compliance with requirements of chapter 322
55prior to reinstatement.
56     Section 2.  Paragraph (a) of subsection (8) of section
57318.18, Florida Statutes, is amended to read:
58     318.18  Amount of penalties.--The penalties required for a
59noncriminal disposition pursuant to s. 318.14 or a criminal
60offense listed in s. 318.17 are as follows:
61     (8)(a)  Any person who fails to comply with the court's
62requirements or who fails to pay the civil penalties specified
63in this section within the 30-day period provided for in s.
64318.14 must pay an additional civil penalty of $24 $16, $6.50 of
65which must be remitted to the Department of Revenue for deposit
66in the General Revenue Fund, and $9.50 of which must be remitted
67to the Department of Revenue for deposit in the Highway Safety
68Operating Trust Fund, and $8 of which must be remitted to the
69Department of Revenue to be deposited into the Criminal Justice
70Standards and Training Trust Fund. The portion of each
71additional fee imposed by this paragraph remitted to the
72Criminal Justice Standards and Training Trust Fund shall be used
73to retain law enforcement, correctional, and correctional
74probation officers, as defined in s. 943.10(1), (2), and (3),
75who are employed in sworn or certified public safety occupations
76by the state. Of this additional civil penalty of $16, $4 is not
77revenue for purposes of s. 28.36 and may not be used in
78establishing the budget of the clerk of the court under that
79section or s. 28.35. The department shall contract with the
80Florida Association of Court Clerks, Inc., to design, establish,
81operate, upgrade, and maintain an automated statewide Uniform
82Traffic Citation Accounting System to be operated by the clerks
83of the court which shall include, but not be limited to, the
84accounting for traffic infractions by type, a record of the
85disposition of the citations, and an accounting system for the
86fines assessed and the subsequent fine amounts paid to the
87clerks of the court. On or before December 1, 2001, the clerks
88of the court must provide the information required by this
89chapter to be transmitted to the department by electronic
90transmission pursuant to the contract.
91     Section 3.  Subsection (8) of section 322.21, Florida
92Statutes, is amended to read:
93     322.21  License fees; procedure for handling and collecting
94fees; distribution of funds.--
95     (8)  Any person who applies for reinstatement following the
96suspension or revocation of the person's driver's license shall
97pay a service fee of $45 $35 following a suspension, and $75 $60
98following a revocation, which is in addition to the fee for a
99license. Any person who applies for reinstatement of a
100commercial driver's license following the disqualification of
101the person's privilege to operate a commercial motor vehicle
102shall pay a service fee of $75 $60, which is in addition to the
103fee for a license. The department shall collect all of these
104fees at the time of reinstatement. The department shall issue
105proper receipts for such fees and shall promptly transmit all
106funds received by it as follows:
107     (a)  Of the $45 $35 fee received from a licensee for
108reinstatement following a suspension, the department shall
109deposit $15 in the General Revenue Fund, and $20 in the Highway
110Safety Operating Trust Fund, and $10 into the Criminal Justice
111Standards and Training Trust Fund.
112     (b)  Of the $75 $60 fee received from a licensee for
113reinstatement following a revocation or disqualification, the
114department shall deposit $35 in the General Revenue Fund, and
115$25 in the Highway Safety Operating Trust Fund, and $15 into the
116Criminal Justice Standards and Training Trust Fund.
117
118If the revocation or suspension of the driver's license was for
119a violation of s. 316.193, or for refusal to submit to a lawful
120breath, blood, or urine test, an additional fee of $130 $115
121must be charged. However, only one $130 $115 fee may be
122collected from one person convicted of violations arising out of
123the same incident. The department shall collect the $130 $115
124fee and deposit $115 of the fee into the Highway Safety
125Operating Trust Fund and $15 of the fee into the Criminal
126Justice Standards and Training Trust Fund at the time of
127reinstatement of the person's driver's license, but the fee may
128not be collected if the suspension or revocation is overturned.
129If the revocation or suspension of the driver's license was for
130a conviction for a violation of s. 817.234(8) or (9) or s.
131817.505, an additional fee of $180 is imposed for each offense.
132The department shall collect and deposit the additional fee into
133the Highway Safety Operating Trust Fund at the time of
134reinstatement of the person's driver's license. The portion of
135each additional fee imposed by this subsection remitted to the
136Criminal Justice Standards and Training Trust Fund shall be used
137to retain law enforcement, correctional, and correctional
138probation officers, as defined in s. 943.10(1), (2), and (3),
139who are employed in sworn or certified public safety occupations
140by the state.
141     Section 4.  Subsection (2) of section 322.29, Florida
142Statutes, is amended to read:
143     322.29  Surrender and return of license.--
144     (2)  The provisions of subsection (1) to the contrary
145notwithstanding, no examination is required for the return of a
146license suspended under s. 318.15 or s. 322.245 unless an
147examination is otherwise required by this chapter. Every person
148applying for the return of a license suspended under s. 318.15
149or s. 322.245 shall present to the department certification from
150the court that he or she has complied with all obligations and
151penalties imposed on him or her pursuant to s. 318.15 or, in the
152case of a suspension pursuant to s. 322.245, that he or she has
153complied with all directives of the court and the requirements
154of s. 322.245 and shall pay to the department a nonrefundable
155service fee of $47.50, of which $37.50 shall be deposited into
156the General Revenue Fund and $10 shall be deposited into the
157Highway Safety Operating Trust Fund. If reinstated by the clerk
158of the court or tax collector, $37.50 shall be retained and $10
159shall be remitted to the Department of Revenue for deposit into
160the Highway Safety Operating Trust Fund. However, the service
161fee is not required if the person is required to pay a $45 $35
162fee or $75 $60 fee under the provisions of s. 322.21.
163     Section 5.  Paragraph (b) of subsection (2) of section
164943.0585, Florida Statutes, is amended to read:
165     943.0585  Court-ordered expunction of criminal history
166records.--The courts of this state have jurisdiction over their
167own procedures, including the maintenance, expunction, and
168correction of judicial records containing criminal history
169information to the extent such procedures are not inconsistent
170with the conditions, responsibilities, and duties established by
171this section. Any court of competent jurisdiction may order a
172criminal justice agency to expunge the criminal history record
173of a minor or an adult who complies with the requirements of
174this section. The court shall not order a criminal justice
175agency to expunge a criminal history record until the person
176seeking to expunge a criminal history record has applied for and
177received a certificate of eligibility for expunction pursuant to
178subsection (2). A criminal history record that relates to a
179violation of s. 393.135, s. 394.4593, s. 787.025, chapter 794,
180s. 796.03, s. 800.04, s. 810.14, s. 817.034, s. 825.1025, s.
181827.071, chapter 839, s. 847.0133, s. 847.0135, s. 847.0145, s.
182893.135, s. 916.1075, a violation enumerated in s. 907.041, or
183any violation specified as a predicate offense for registration
184as a sexual predator pursuant to s. 775.21, without regard to
185whether that offense alone is sufficient to require such
186registration, or for registration as a sexual offender pursuant
187to s. 943.0435, may not be expunged, without regard to whether
188adjudication was withheld, if the defendant was found guilty of
189or pled guilty or nolo contendere to the offense, or if the
190defendant, as a minor, was found to have committed, or pled
191guilty or nolo contendere to committing, the offense as a
192delinquent act. The court may only order expunction of a
193criminal history record pertaining to one arrest or one incident
194of alleged criminal activity, except as provided in this
195section. The court may, at its sole discretion, order the
196expunction of a criminal history record pertaining to more than
197one arrest if the additional arrests directly relate to the
198original arrest. If the court intends to order the expunction of
199records pertaining to such additional arrests, such intent must
200be specified in the order. A criminal justice agency may not
201expunge any record pertaining to such additional arrests if the
202order to expunge does not articulate the intention of the court
203to expunge a record pertaining to more than one arrest. This
204section does not prevent the court from ordering the expunction
205of only a portion of a criminal history record pertaining to one
206arrest or one incident of alleged criminal activity.
207Notwithstanding any law to the contrary, a criminal justice
208agency may comply with laws, court orders, and official requests
209of other jurisdictions relating to expunction, correction, or
210confidential handling of criminal history records or information
211derived therefrom. This section does not confer any right to the
212expunction of any criminal history record, and any request for
213expunction of a criminal history record may be denied at the
214sole discretion of the court.
215     (2)  CERTIFICATE OF ELIGIBILITY FOR EXPUNCTION.--Prior to
216petitioning the court to expunge a criminal history record, a
217person seeking to expunge a criminal history record shall apply
218to the department for a certificate of eligibility for
219expunction. The department shall, by rule adopted pursuant to
220chapter 120, establish procedures pertaining to the application
221for and issuance of certificates of eligibility for expunction.
222A certificate of eligibility for expunction is valid for 12
223months after the date stamped on the certificate when issued by
224the department. After that time, the petitioner must reapply to
225the department for a new certificate of eligibility. Eligibility
226for a renewed certification of eligibility must be based on the
227status of the applicant and the law in effect at the time of the
228renewal application. The department shall issue a certificate of
229eligibility for expunction to a person who is the subject of a
230criminal history record if that person:
231     (b)  Remits a $150 $75 processing fee to the department for
232placement of $75 in the Department of Law Enforcement Operating
233Trust Fund and $75 into the Criminal Justice Standard and
234Training Trust Fund to be used to retain law enforcement,
235correctional, and correctional probation officers, as defined in
236s. 943.10(1), (2), and (3), who are employed in sworn or
237certified public safety occupations by the state, unless such
238fee is waived by the executive director.
239     Section 6.  Paragraph (b) of subsection (2) of section
240943.059, Florida Statutes, is amended to read:
241     943.059  Court-ordered sealing of criminal history
242records.--The courts of this state shall continue to have
243jurisdiction over their own procedures, including the
244maintenance, sealing, and correction of judicial records
245containing criminal history information to the extent such
246procedures are not inconsistent with the conditions,
247responsibilities, and duties established by this section. Any
248court of competent jurisdiction may order a criminal justice
249agency to seal the criminal history record of a minor or an
250adult who complies with the requirements of this section. The
251court shall not order a criminal justice agency to seal a
252criminal history record until the person seeking to seal a
253criminal history record has applied for and received a
254certificate of eligibility for sealing pursuant to subsection
255(2). A criminal history record that relates to a violation of s.
256393.135, s. 394.4593, s. 787.025, chapter 794, s. 796.03, s.
257800.04, s. 810.14, s. 817.034, s. 825.1025, s. 827.071, chapter
258839, s. 847.0133, s. 847.0135, s. 847.0145, s. 893.135, s.
259916.1075, a violation enumerated in s. 907.041, or any violation
260specified as a predicate offense for registration as a sexual
261predator pursuant to s. 775.21, without regard to whether that
262offense alone is sufficient to require such registration, or for
263registration as a sexual offender pursuant to s. 943.0435, may
264not be sealed, without regard to whether adjudication was
265withheld, if the defendant was found guilty of or pled guilty or
266nolo contendere to the offense, or if the defendant, as a minor,
267was found to have committed or pled guilty or nolo contendere to
268committing the offense as a delinquent act. The court may only
269order sealing of a criminal history record pertaining to one
270arrest or one incident of alleged criminal activity, except as
271provided in this section. The court may, at its sole discretion,
272order the sealing of a criminal history record pertaining to
273more than one arrest if the additional arrests directly relate
274to the original arrest. If the court intends to order the
275sealing of records pertaining to such additional arrests, such
276intent must be specified in the order. A criminal justice agency
277may not seal any record pertaining to such additional arrests if
278the order to seal does not articulate the intention of the court
279to seal records pertaining to more than one arrest. This section
280does not prevent the court from ordering the sealing of only a
281portion of a criminal history record pertaining to one arrest or
282one incident of alleged criminal activity. Notwithstanding any
283law to the contrary, a criminal justice agency may comply with
284laws, court orders, and official requests of other jurisdictions
285relating to sealing, correction, or confidential handling of
286criminal history records or information derived therefrom. This
287section does not confer any right to the sealing of any criminal
288history record, and any request for sealing a criminal history
289record may be denied at the sole discretion of the court.
290     (2)  CERTIFICATE OF ELIGIBILITY FOR SEALING.--Prior to
291petitioning the court to seal a criminal history record, a
292person seeking to seal a criminal history record shall apply to
293the department for a certificate of eligibility for sealing. The
294department shall, by rule adopted pursuant to chapter 120,
295establish procedures pertaining to the application for and
296issuance of certificates of eligibility for sealing. A
297certificate of eligibility for sealing is valid for 12 months
298after the date stamped on the certificate when issued by the
299department. After that time, the petitioner must reapply to the
300department for a new certificate of eligibility. Eligibility for
301a renewed certification of eligibility must be based on the
302status of the applicant and the law in effect at the time of the
303renewal application. The department shall issue a certificate of
304eligibility for sealing to a person who is the subject of a
305criminal history record provided that such person:
306     (b)  Remits a $150 $75 processing fee to the department for
307placement of $75 in the Department of Law Enforcement Operating
308Trust Fund and $75 into the Criminal Justice Standards and
309Training Trust Fund to be used to retain law enforcement,
310correctional, and correctional probation officers, as defined in
311s. 943.10(1), (2), and (3), who are employed in sworn or
312certified public safety occupations by the state, unless such
313fee is waived by the executive director.
314     Section 7.  Paragraph (e) of subsection (1) of section
315945.215, Florida Statutes, is amended to read:
316     945.215  Inmate welfare and employee benefit trust funds.--
317     (1)  INMATE PURCHASES; DEPARTMENT OF CORRECTIONS.--
318     (e)  Items for resale at inmate canteens and vending
319machines maintained at the correctional facilities shall be
320priced comparatively with like items for retail sale at fair
321market prices except for an additional 4-percent surcharge
322imposed by this paragraph to be remitted to the Criminal Justice
323Standards and Training Trust Fund. The proceeds from the
324surcharge shall be used to retain law enforcement, correctional,
325and correctional probation officers, as defined in s. 943.10(1),
326(2), and (3), who are employed in sworn or certified public
327safety occupations by the state.
328     Section 8.  Subsections (2) and (8) of section 943.25,
329Florida Statutes, are amended to read:
330     943.25  Criminal justice trust funds; source of funds; use
331of funds.--
332     (2)  There is created, within the Department of Law
333Enforcement, the Criminal Justice Standards and Training Trust
334Fund to provide for the purpose of providing for the payment of
335necessary and proper expenses incurred by the operation of the
336commission and the Criminal Justice Professionalism Program and
337providing commission-approved criminal justice advanced and
338specialized training and criminal justice training school
339enhancements, including and of establishing the provisions of s.
340943.17 and developing the specific tests provided under s.
341943.12(9), and for retention of law enforcement, correctional,
342and correctional probation officers, as defined in s. 943.10(1),
343(2), and (3), who are employed in sworn or certified public
344safety occupations by the state. The program shall administer
345the Criminal Justice Standards and Training Trust Fund and shall
346report the status of the fund at each regularly scheduled
347commission meeting.
348     (8)  All funds deposited in the Criminal Justice Standards
349and Training Trust Fund shall be made available to the
350department for implementation of training programs approved by
351the commission and the head of the department and for retention
352of law enforcement, correctional, and correctional probation
353officers, as defined in s. 943.10(1), (2), and (3), who are
354employed in sworn or certified public safety occupations by the
355state. Only funds deposited into the fund pursuant to s.
356318.15(2), s. 318.18(8)(a), s. 322.21(8), s. 943.0585(2)(b), s.
357943.059(2)(b), or s. 945.215(1)(e) may be used for retention of
358law enforcement, correctional, and correctional probation
359officers, as defined in s. 943.10(1), (2), and (3), who are
360employed in sworn or certified public safety occupations by the
361state. All funds appropriated for the purposes of retention must
362be appropriated by the Legislature in the General Appropriations
363Act.
364     Section 9.  This act shall take effect July 1, 2009.


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