| 1 | A bill to be entitled |
| 2 | An act relating to court costs; amending s. 938.10, F.S.; |
| 3 | expanding the list of provisions of law for which a court |
| 4 | is required to impose an additional court cost for certain |
| 5 | pleadings or findings relating to offenses against a minor |
| 6 | and certain other offenses; increasing the amount of the |
| 7 | court cost; allocating certain portions of the court cost; |
| 8 | amending s. 939.185, F.S.; requiring the clerk of court to |
| 9 | cause a copy of certain court orders imposing certain |
| 10 | costs to be recorded; providing for creation of a lien |
| 11 | against real and personal property; providing an |
| 12 | exception; providing for enforcement of the lien; |
| 13 | providing an effective date. |
| 14 |
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| 15 | Be It Enacted by the Legislature of the State of Florida: |
| 16 |
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| 17 | Section 1. Section 938.10, Florida Statutes, is amended to |
| 18 | read: |
| 19 | 938.10 Additional court cost imposed in cases of certain |
| 20 | crimes against minors.-- |
| 21 | (1) If a person pleads guilty or nolo contendere to, or is |
| 22 | found guilty of, regardless of adjudication, any offense against |
| 23 | a minor in violation of s. 784.085, chapter 787, chapter 794, s. |
| 24 | 796.03, s. 796.035, s. 800.04, chapter 827, s. 847.012, s. |
| 25 | 847.0133, s. 847.0135(5), s. 847.0138, s. 847.0145, s. |
| 26 | 893.147(3), or s. 985.701, or any offense in violation of s. |
| 27 | 775.21, s. 847.0125, s. 847.0134, or s. 943.0435, the court |
| 28 | shall impose a court cost of $151 $101 against the offender in |
| 29 | addition to any other cost or penalty required by law. |
| 30 | (2) Each month the clerk of the court shall transfer the |
| 31 | proceeds of the court cost, less $1 from each sum collected |
| 32 | which the clerk shall retain as a service charge, to the |
| 33 | Department of Revenue for deposit into the Department of |
| 34 | Children and Family Services' Grants and Donations Trust Fund |
| 35 | for disbursement as follows: |
| 36 | (a) The sum of $100 to the Florida Network of Children's |
| 37 | Advocacy Centers, Inc., for the purpose of funding children's |
| 38 | advocacy centers that are members of the network. |
| 39 | (b) The sum of $50 to the Statewide Guardian Ad Litem |
| 40 | Office created under s. 39.8296. |
| 41 | Section 2. Paragraph (d) is added to subsection (1) of |
| 42 | section 939.185, Florida Statutes, to read: |
| 43 | 939.185 Assessment of additional court costs and |
| 44 | surcharges.-- |
| 45 | (1) |
| 46 | (d) The clerk of court shall cause a certified copy of the |
| 47 | court order imposing such costs to be recorded in the public |
| 48 | records. Such record shall constitute a lien against the person |
| 49 | upon whom the costs are imposed and shall attach as a lien on |
| 50 | any real and personal property owned by such person. A lien |
| 51 | created under this paragraph does not attach to, or make subject |
| 52 | to execution of levy or foreclosure, any real or personal |
| 53 | property otherwise exempt under s. 4, Art. X of the State |
| 54 | Constitution. A lien created under this paragraph is enforceable |
| 55 | in the same manner as provided by law. |
| 56 | Section 3. This act shall take effect July 1, 2009. |