1 | A bill to be entitled |
2 | An act relating to retention of law enforcement, |
3 | correctional, and correctional probation officers; |
4 | amending s. 318.15, F.S.; increasing a service charge paid |
5 | for reinstatement of a suspended driver's license and |
6 | privilege to drive; revising provisions for distribution |
7 | and use of funds; amending s. 318.18, F.S.; increasing a |
8 | civil penalty for late payment of civil traffic penalties; |
9 | revising provisions for distribution and use of funds; |
10 | amending s. 322.21, F.S.; increasing the fees for |
11 | reinstating a suspended or revoked driver's license; |
12 | revising provisions for distribution and use of funds; |
13 | amending s. 322.29, F.S.; conforming provisions to changes |
14 | made by the act; amending s. 943.0585, F.S.; increasing |
15 | the processing fee for a certificate of eligibility for |
16 | expunction of criminal history records; revising |
17 | provisions for distribution and use of funds; amending s. |
18 | 943.059, F.S.; increasing the processing fee for a |
19 | certificate of eligibility for sealing of criminal history |
20 | records; revising provisions for distribution and use of |
21 | funds; amending s. 945.215, F.S.; providing for a |
22 | surcharge on items for resale at inmate canteens and |
23 | vending machines maintained at correctional facilities; |
24 | providing for use of the surcharge; amending s. 943.25, |
25 | F.S.; providing that funds from a specified trust fund may |
26 | be used for retention of specified officers; providing an |
27 | effective date. |
28 |
|
29 | Be It Enacted by the Legislature of the State of Florida: |
30 |
|
31 | Section 1. Subsection (2) of section 318.15, Florida |
32 | Statutes, is amended to read: |
33 | 318.15 Failure to comply with civil penalty or to appear; |
34 | penalty.-- |
35 | (2) After suspension of the driver's license and privilege |
36 | to drive of a person under subsection (1), the license and |
37 | privilege may not be reinstated until the person complies with |
38 | all obligations and penalties imposed on him or her under s. |
39 | 318.18 and presents to a driver license office a certificate of |
40 | compliance issued by the court, together with a nonrefundable |
41 | service charge of up to $60 $47.50 imposed under s. 322.29, or |
42 | presents a certificate of compliance and pays the aforementioned |
43 | service charge of up to $60 $47.50 to the clerk of the court or |
44 | a driver licensing agent authorized in s. 322.135 clearing such |
45 | suspension. Of the charge collected by the clerk of the court or |
46 | driver licensing agent, $10 shall be remitted to the Department |
47 | of Revenue to be deposited into the Highway Safety Operating |
48 | Trust Fund and $12.50 shall be remitted to the Department of |
49 | Revenue to be deposited into the Criminal Justice Standards and |
50 | Training Trust Fund and used to retain law enforcement, |
51 | correctional, and correctional probation officers, as defined in |
52 | s. 943.10(1), (2), and (3), who are employed in sworn or |
53 | certified public safety occupations by the state. Such person |
54 | shall also be in compliance with requirements of chapter 322 |
55 | prior to reinstatement. |
56 | Section 2. Paragraph (a) of subsection (8) of section |
57 | 318.18, Florida Statutes, is amended to read: |
58 | 318.18 Amount of penalties.--The penalties required for a |
59 | noncriminal disposition pursuant to s. 318.14 or a criminal |
60 | offense listed in s. 318.17 are as follows: |
61 | (8)(a) Any person who fails to comply with the court's |
62 | requirements or who fails to pay the civil penalties specified |
63 | in this section within the 30-day period provided for in s. |
64 | 318.14 must pay an additional civil penalty of $24 $16, $6.50 of |
65 | which must be remitted to the Department of Revenue for deposit |
66 | in the General Revenue Fund, and $9.50 of which must be remitted |
67 | to the Department of Revenue for deposit in the Highway Safety |
68 | Operating Trust Fund, and $8 of which must be remitted to the |
69 | Department of Revenue to be deposited into the Criminal Justice |
70 | Standards and Training Trust Fund. The portion of each |
71 | additional fee imposed by this paragraph remitted to the |
72 | Criminal Justice Standards and Training Trust Fund shall be used |
73 | to retain law enforcement, correctional, and correctional |
74 | probation officers, as defined in s. 943.10(1), (2), and (3), |
75 | who are employed in sworn or certified public safety occupations |
76 | by the state. Of this additional civil penalty of $16, $4 is not |
77 | revenue for purposes of s. 28.36 and may not be used in |
78 | establishing the budget of the clerk of the court under that |
79 | section or s. 28.35. The department shall contract with the |
80 | Florida Association of Court Clerks, Inc., to design, establish, |
81 | operate, upgrade, and maintain an automated statewide Uniform |
82 | Traffic Citation Accounting System to be operated by the clerks |
83 | of the court which shall include, but not be limited to, the |
84 | accounting for traffic infractions by type, a record of the |
85 | disposition of the citations, and an accounting system for the |
86 | fines assessed and the subsequent fine amounts paid to the |
87 | clerks of the court. On or before December 1, 2001, the clerks |
88 | of the court must provide the information required by this |
89 | chapter to be transmitted to the department by electronic |
90 | transmission pursuant to the contract. |
91 | Section 3. Subsection (8) of section 322.21, Florida |
92 | Statutes, is amended to read: |
93 | 322.21 License fees; procedure for handling and collecting |
94 | fees; distribution of funds.-- |
95 | (8) Any person who applies for reinstatement following the |
96 | suspension or revocation of the person's driver's license shall |
97 | pay a service fee of $45 $35 following a suspension, and $75 $60 |
98 | following a revocation, which is in addition to the fee for a |
99 | license. Any person who applies for reinstatement of a |
100 | commercial driver's license following the disqualification of |
101 | the person's privilege to operate a commercial motor vehicle |
102 | shall pay a service fee of $75 $60, which is in addition to the |
103 | fee for a license. The department shall collect all of these |
104 | fees at the time of reinstatement. The department shall issue |
105 | proper receipts for such fees and shall promptly transmit all |
106 | funds received by it as follows: |
107 | (a) Of the $45 $35 fee received from a licensee for |
108 | reinstatement following a suspension, the department shall |
109 | deposit $15 in the General Revenue Fund, and $20 in the Highway |
110 | Safety Operating Trust Fund, and $10 into the Criminal Justice |
111 | Standards and Training Trust Fund. |
112 | (b) Of the $75 $60 fee received from a licensee for |
113 | reinstatement following a revocation or disqualification, the |
114 | department shall deposit $35 in the General Revenue Fund, and |
115 | $25 in the Highway Safety Operating Trust Fund, and $15 into the |
116 | Criminal Justice Standards and Training Trust Fund. |
117 |
|
118 | If the revocation or suspension of the driver's license was for |
119 | a violation of s. 316.193, or for refusal to submit to a lawful |
120 | breath, blood, or urine test, an additional fee of $130 $115 |
121 | must be charged. However, only one $130 $115 fee may be |
122 | collected from one person convicted of violations arising out of |
123 | the same incident. The department shall collect the $130 $115 |
124 | fee and deposit $115 of the fee into the Highway Safety |
125 | Operating Trust Fund and $15 of the fee into the Criminal |
126 | Justice Standards and Training Trust Fund at the time of |
127 | reinstatement of the person's driver's license, but the fee may |
128 | not be collected if the suspension or revocation is overturned. |
129 | If the revocation or suspension of the driver's license was for |
130 | a conviction for a violation of s. 817.234(8) or (9) or s. |
131 | 817.505, an additional fee of $180 is imposed for each offense. |
132 | The department shall collect and deposit the additional fee into |
133 | the Highway Safety Operating Trust Fund at the time of |
134 | reinstatement of the person's driver's license. The portion of |
135 | each additional fee imposed by this subsection remitted to the |
136 | Criminal Justice Standards and Training Trust Fund shall be used |
137 | to retain law enforcement, correctional, and correctional |
138 | probation officers, as defined in s. 943.10(1), (2), and (3), |
139 | who are employed in sworn or certified public safety occupations |
140 | by the state. |
141 | Section 4. Subsection (2) of section 322.29, Florida |
142 | Statutes, is amended to read: |
143 | 322.29 Surrender and return of license.-- |
144 | (2) The provisions of subsection (1) to the contrary |
145 | notwithstanding, no examination is required for the return of a |
146 | license suspended under s. 318.15 or s. 322.245 unless an |
147 | examination is otherwise required by this chapter. Every person |
148 | applying for the return of a license suspended under s. 318.15 |
149 | or s. 322.245 shall present to the department certification from |
150 | the court that he or she has complied with all obligations and |
151 | penalties imposed on him or her pursuant to s. 318.15 or, in the |
152 | case of a suspension pursuant to s. 322.245, that he or she has |
153 | complied with all directives of the court and the requirements |
154 | of s. 322.245 and shall pay to the department a nonrefundable |
155 | service fee of $47.50, of which $37.50 shall be deposited into |
156 | the General Revenue Fund and $10 shall be deposited into the |
157 | Highway Safety Operating Trust Fund. If reinstated by the clerk |
158 | of the court or tax collector, $37.50 shall be retained and $10 |
159 | shall be remitted to the Department of Revenue for deposit into |
160 | the Highway Safety Operating Trust Fund. However, the service |
161 | fee is not required if the person is required to pay a $45 $35 |
162 | fee or $75 $60 fee under the provisions of s. 322.21. |
163 | Section 5. Paragraph (b) of subsection (2) of section |
164 | 943.0585, Florida Statutes, is amended to read: |
165 | 943.0585 Court-ordered expunction of criminal history |
166 | records.--The courts of this state have jurisdiction over their |
167 | own procedures, including the maintenance, expunction, and |
168 | correction of judicial records containing criminal history |
169 | information to the extent such procedures are not inconsistent |
170 | with the conditions, responsibilities, and duties established by |
171 | this section. Any court of competent jurisdiction may order a |
172 | criminal justice agency to expunge the criminal history record |
173 | of a minor or an adult who complies with the requirements of |
174 | this section. The court shall not order a criminal justice |
175 | agency to expunge a criminal history record until the person |
176 | seeking to expunge a criminal history record has applied for and |
177 | received a certificate of eligibility for expunction pursuant to |
178 | subsection (2). A criminal history record that relates to a |
179 | violation of s. 393.135, s. 394.4593, s. 787.025, chapter 794, |
180 | s. 796.03, s. 800.04, s. 810.14, s. 817.034, s. 825.1025, s. |
181 | 827.071, chapter 839, s. 847.0133, s. 847.0135, s. 847.0145, s. |
182 | 893.135, s. 916.1075, a violation enumerated in s. 907.041, or |
183 | any violation specified as a predicate offense for registration |
184 | as a sexual predator pursuant to s. 775.21, without regard to |
185 | whether that offense alone is sufficient to require such |
186 | registration, or for registration as a sexual offender pursuant |
187 | to s. 943.0435, may not be expunged, without regard to whether |
188 | adjudication was withheld, if the defendant was found guilty of |
189 | or pled guilty or nolo contendere to the offense, or if the |
190 | defendant, as a minor, was found to have committed, or pled |
191 | guilty or nolo contendere to committing, the offense as a |
192 | delinquent act. The court may only order expunction of a |
193 | criminal history record pertaining to one arrest or one incident |
194 | of alleged criminal activity, except as provided in this |
195 | section. The court may, at its sole discretion, order the |
196 | expunction of a criminal history record pertaining to more than |
197 | one arrest if the additional arrests directly relate to the |
198 | original arrest. If the court intends to order the expunction of |
199 | records pertaining to such additional arrests, such intent must |
200 | be specified in the order. A criminal justice agency may not |
201 | expunge any record pertaining to such additional arrests if the |
202 | order to expunge does not articulate the intention of the court |
203 | to expunge a record pertaining to more than one arrest. This |
204 | section does not prevent the court from ordering the expunction |
205 | of only a portion of a criminal history record pertaining to one |
206 | arrest or one incident of alleged criminal activity. |
207 | Notwithstanding any law to the contrary, a criminal justice |
208 | agency may comply with laws, court orders, and official requests |
209 | of other jurisdictions relating to expunction, correction, or |
210 | confidential handling of criminal history records or information |
211 | derived therefrom. This section does not confer any right to the |
212 | expunction of any criminal history record, and any request for |
213 | expunction of a criminal history record may be denied at the |
214 | sole discretion of the court. |
215 | (2) CERTIFICATE OF ELIGIBILITY FOR EXPUNCTION.--Prior to |
216 | petitioning the court to expunge a criminal history record, a |
217 | person seeking to expunge a criminal history record shall apply |
218 | to the department for a certificate of eligibility for |
219 | expunction. The department shall, by rule adopted pursuant to |
220 | chapter 120, establish procedures pertaining to the application |
221 | for and issuance of certificates of eligibility for expunction. |
222 | A certificate of eligibility for expunction is valid for 12 |
223 | months after the date stamped on the certificate when issued by |
224 | the department. After that time, the petitioner must reapply to |
225 | the department for a new certificate of eligibility. Eligibility |
226 | for a renewed certification of eligibility must be based on the |
227 | status of the applicant and the law in effect at the time of the |
228 | renewal application. The department shall issue a certificate of |
229 | eligibility for expunction to a person who is the subject of a |
230 | criminal history record if that person: |
231 | (b) Remits a $150 $75 processing fee to the department for |
232 | placement of $75 in the Department of Law Enforcement Operating |
233 | Trust Fund and $75 into the Criminal Justice Standard and |
234 | Training Trust Fund to be used to retain law enforcement, |
235 | correctional, and correctional probation officers, as defined in |
236 | s. 943.10(1), (2), and (3), who are employed in sworn or |
237 | certified public safety occupations by the state, unless such |
238 | fee is waived by the executive director. |
239 | Section 6. Paragraph (b) of subsection (2) of section |
240 | 943.059, Florida Statutes, is amended to read: |
241 | 943.059 Court-ordered sealing of criminal history |
242 | records.--The courts of this state shall continue to have |
243 | jurisdiction over their own procedures, including the |
244 | maintenance, sealing, and correction of judicial records |
245 | containing criminal history information to the extent such |
246 | procedures are not inconsistent with the conditions, |
247 | responsibilities, and duties established by this section. Any |
248 | court of competent jurisdiction may order a criminal justice |
249 | agency to seal the criminal history record of a minor or an |
250 | adult who complies with the requirements of this section. The |
251 | court shall not order a criminal justice agency to seal a |
252 | criminal history record until the person seeking to seal a |
253 | criminal history record has applied for and received a |
254 | certificate of eligibility for sealing pursuant to subsection |
255 | (2). A criminal history record that relates to a violation of s. |
256 | 393.135, s. 394.4593, s. 787.025, chapter 794, s. 796.03, s. |
257 | 800.04, s. 810.14, s. 817.034, s. 825.1025, s. 827.071, chapter |
258 | 839, s. 847.0133, s. 847.0135, s. 847.0145, s. 893.135, s. |
259 | 916.1075, a violation enumerated in s. 907.041, or any violation |
260 | specified as a predicate offense for registration as a sexual |
261 | predator pursuant to s. 775.21, without regard to whether that |
262 | offense alone is sufficient to require such registration, or for |
263 | registration as a sexual offender pursuant to s. 943.0435, may |
264 | not be sealed, without regard to whether adjudication was |
265 | withheld, if the defendant was found guilty of or pled guilty or |
266 | nolo contendere to the offense, or if the defendant, as a minor, |
267 | was found to have committed or pled guilty or nolo contendere to |
268 | committing the offense as a delinquent act. The court may only |
269 | order sealing of a criminal history record pertaining to one |
270 | arrest or one incident of alleged criminal activity, except as |
271 | provided in this section. The court may, at its sole discretion, |
272 | order the sealing of a criminal history record pertaining to |
273 | more than one arrest if the additional arrests directly relate |
274 | to the original arrest. If the court intends to order the |
275 | sealing of records pertaining to such additional arrests, such |
276 | intent must be specified in the order. A criminal justice agency |
277 | may not seal any record pertaining to such additional arrests if |
278 | the order to seal does not articulate the intention of the court |
279 | to seal records pertaining to more than one arrest. This section |
280 | does not prevent the court from ordering the sealing of only a |
281 | portion of a criminal history record pertaining to one arrest or |
282 | one incident of alleged criminal activity. Notwithstanding any |
283 | law to the contrary, a criminal justice agency may comply with |
284 | laws, court orders, and official requests of other jurisdictions |
285 | relating to sealing, correction, or confidential handling of |
286 | criminal history records or information derived therefrom. This |
287 | section does not confer any right to the sealing of any criminal |
288 | history record, and any request for sealing a criminal history |
289 | record may be denied at the sole discretion of the court. |
290 | (2) CERTIFICATE OF ELIGIBILITY FOR SEALING.--Prior to |
291 | petitioning the court to seal a criminal history record, a |
292 | person seeking to seal a criminal history record shall apply to |
293 | the department for a certificate of eligibility for sealing. The |
294 | department shall, by rule adopted pursuant to chapter 120, |
295 | establish procedures pertaining to the application for and |
296 | issuance of certificates of eligibility for sealing. A |
297 | certificate of eligibility for sealing is valid for 12 months |
298 | after the date stamped on the certificate when issued by the |
299 | department. After that time, the petitioner must reapply to the |
300 | department for a new certificate of eligibility. Eligibility for |
301 | a renewed certification of eligibility must be based on the |
302 | status of the applicant and the law in effect at the time of the |
303 | renewal application. The department shall issue a certificate of |
304 | eligibility for sealing to a person who is the subject of a |
305 | criminal history record provided that such person: |
306 | (b) Remits a $150 $75 processing fee to the department for |
307 | placement of $75 in the Department of Law Enforcement Operating |
308 | Trust Fund and $75 into the Criminal Justice Standards and |
309 | Training Trust Fund to be used to retain law enforcement, |
310 | correctional, and correctional probation officers, as defined in |
311 | s. 943.10(1), (2), and (3), who are employed in sworn or |
312 | certified public safety occupations by the state, unless such |
313 | fee is waived by the executive director. |
314 | Section 7. Paragraph (e) of subsection (1) of section |
315 | 945.215, 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 |
319 | machines maintained at the correctional facilities shall be |
320 | priced comparatively with like items for retail sale at fair |
321 | market prices except for an additional 4-percent surcharge |
322 | imposed by this paragraph to be remitted to the Criminal Justice |
323 | Standards and Training Trust Fund. The proceeds from the |
324 | surcharge shall be used to retain law enforcement, correctional, |
325 | and correctional probation officers, as defined in s. 943.10(1), |
326 | (2), and (3), who are employed in sworn or certified public |
327 | safety occupations by the state. |
328 | Section 8. Subsections (2) and (8) of section 943.25, |
329 | Florida Statutes, are amended to read: |
330 | 943.25 Criminal justice trust funds; source of funds; use |
331 | of funds.-- |
332 | (2) There is created, within the Department of Law |
333 | Enforcement, the Criminal Justice Standards and Training Trust |
334 | Fund to provide for the purpose of providing for the payment of |
335 | necessary and proper expenses incurred by the operation of the |
336 | commission and the Criminal Justice Professionalism Program and |
337 | providing commission-approved criminal justice advanced and |
338 | specialized training and criminal justice training school |
339 | enhancements, including and of establishing the provisions of s. |
340 | 943.17 and developing the specific tests provided under s. |
341 | 943.12(9), and for retention of law enforcement, correctional, |
342 | and correctional probation officers, as defined in s. 943.10(1), |
343 | (2), and (3), who are employed in sworn or certified public |
344 | safety occupations by the state. The program shall administer |
345 | the Criminal Justice Standards and Training Trust Fund and shall |
346 | report the status of the fund at each regularly scheduled |
347 | commission meeting. |
348 | (8) All funds deposited in the Criminal Justice Standards |
349 | and Training Trust Fund shall be made available to the |
350 | department for implementation of training programs approved by |
351 | the commission and the head of the department and for retention |
352 | of law enforcement, correctional, and correctional probation |
353 | officers, as defined in s. 943.10(1), (2), and (3), who are |
354 | employed in sworn or certified public safety occupations by the |
355 | state. Only funds deposited into the fund pursuant to s. |
356 | 318.15(2), s. 318.18(8)(a), s. 322.21(8), s. 943.0585(2)(b), s. |
357 | 943.059(2)(b), or s. 945.215(1)(e) may be used for retention of |
358 | law enforcement, correctional, and correctional probation |
359 | officers, as defined in s. 943.10(1), (2), and (3), who are |
360 | employed in sworn or certified public safety occupations by the |
361 | state. All funds appropriated for the purposes of retention must |
362 | be appropriated by the Legislature in the General Appropriations |
363 | Act. |
364 | Section 9. This act shall take effect July 1, 2009. |