1 | The Conference Committee on HB 5309 offered the following: |
2 |
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3 | Conference Committee Amendment (with title amendment) |
4 | Remove everything after the enacting clause and insert: |
5 | Section 1. Section 39.903, Florida Statutes, is amended to |
6 | read: |
7 | 39.903 Duties and functions of the department with respect |
8 | to domestic violence.- |
9 | (1) The department shall: |
10 | (a) Develop by rule criteria for the approval or rejection |
11 | of domestic violence centers applying for initial certification |
12 | after July 1, 2011 certification or funding of domestic violence |
13 | centers. |
14 | (b) Develop by rule minimum standards for domestic |
15 | violence centers to ensure the health and safety of the clients |
16 | in the centers. |
17 | (c) Receive and approve or reject applications for initial |
18 | certification of domestic violence centers. Such certification |
19 | shall be renewed annually thereafter by the department upon a |
20 | favorable monitoring report by the Florida Coalition Against |
21 | Domestic Violence. If any of the required services are exempted |
22 | from certification by the department under s. 39.905(1)(c), the |
23 | center may shall not receive funding from the Florida Coalition |
24 | Against Domestic Violence for those services. |
25 | (d) Have Evaluate each certified domestic violence center |
26 | annually to ensure compliance with the minimum standards. The |
27 | department has the right to enter and inspect the premises of |
28 | domestic violence centers applying for an initial certification |
29 | after July 1, 2011, certified domestic violence centers at any |
30 | reasonable hour in order to effectively evaluate the state of |
31 | compliance with minimum standards of these centers with this |
32 | part and rules relating to this part. The Florida Coalition |
33 | Against Domestic Violence has the right to enter and inspect the |
34 | premises of certified domestic violence centers for monitoring |
35 | purposes. |
36 | (e) Adopt rules to implement this part. |
37 | (f) Promote the involvement of certified domestic violence |
38 | centers in the coordination, development, and planning of |
39 | domestic violence programming in the circuits districts and the |
40 | state. |
41 | (2) The department shall serve as a clearinghouse for |
42 | information relating to domestic violence. |
43 | (2)(3) The department shall operate the domestic violence |
44 | program and partner with the Florida Coalition Against Domestic |
45 | Violence in, which provides supervision, direction, |
46 | coordination, and administration of statewide activities related |
47 | to the prevention of domestic violence. |
48 | (3)(4) The department shall coordinate with state agencies |
49 | having health, education, or criminal justice responsibilities |
50 | to raise awareness of domestic violence and promote consistent |
51 | policy implementation enlist the assistance of public and |
52 | voluntary health, education, welfare, and rehabilitation |
53 | agencies in a concerted effort to prevent domestic violence and |
54 | to treat persons engaged in or subject to domestic violence. |
55 | With the assistance of these agencies, the department, within |
56 | existing resources, shall formulate and conduct a research and |
57 | evaluation program on domestic violence. Efforts on the part of |
58 | these agencies to obtain relevant grants to fund this research |
59 | and evaluation program must be supported by the department. |
60 | (4) The department shall serve as the lead agency for |
61 | application of relevant federal grants and the coordinator of |
62 | the state's STOP Implementation Plan pursuant to the federal |
63 | Violence Against Women Act which promotes domestic violence |
64 | awareness, increases services to victims, and strengthens |
65 | perpetrator accountability. |
66 | (5) The department shall develop and provide educational |
67 | programs on domestic violence for the benefit of the general |
68 | public, persons engaged in or subject to domestic violence, |
69 | professional persons, or others who care for or may be engaged |
70 | in the care and treatment of persons engaged in or subject to |
71 | domestic violence. |
72 | (5)(6) The department shall cooperate with, assist in, and |
73 | participate in, programs of other properly qualified state |
74 | agencies, federal agencies, private organizations including any |
75 | agency of the Federal Government, schools of medicine, |
76 | hospitals, and clinics, in planning and conducting research on |
77 | the prevention of domestic violence and provision of services to |
78 | clients, care, treatment, and rehabilitation of persons engaged |
79 | in or subject to domestic violence. |
80 | (6)(7) The department shall contract with the Florida |
81 | Coalition Against Domestic Violence, the a statewide association |
82 | whose primary purpose is to represent and provide technical |
83 | assistance to certified domestic violence centers, for the |
84 | delivery and management of the delivery of services for the |
85 | state's domestic violence program. Services under this contract |
86 | shall include, but are not limited to, administration of |
87 | contracts and grants associated with the implementation of the |
88 | state's STOP Implementation Plan pursuant to the federal |
89 | Violence Against Women Act and the implementation of other |
90 | federal grants as directed by the department. As part of its |
91 | management of the delivery of services for the state's domestic |
92 | violence program, the coalition This association shall |
93 | implement, administer, and evaluate all services provided by the |
94 | certified domestic violence centers,. The association shall |
95 | receive and approve or reject applications for funding of |
96 | certified domestic violence centers, and evaluate certified |
97 | domestic violence centers to determine compliance with |
98 | certification minimum standards. When approving funding for a |
99 | newly certified domestic violence center, the association shall |
100 | make every effort to minimize any adverse economic impact on |
101 | existing certified domestic violence centers or services |
102 | provided within the same service area. In order to minimize |
103 | duplication of services, the association shall make every effort |
104 | to encourage subcontracting relationships with existing |
105 | certified domestic violence centers within the same service |
106 | area. In distributing funds allocated by the Legislature for |
107 | certified domestic violence centers, the association shall use a |
108 | formula approved by the department as specified in s. |
109 | 39.905(7)(a). |
110 | (7) The department shall consider and award applications |
111 | from certified domestic violence centers for capital improvement |
112 | grants pursuant to s. 39.9055. |
113 | Section 2. Section 39.904, Florida Statutes, is amended to |
114 | read: |
115 | 39.904 Report to the Legislature on the status of domestic |
116 | violence cases.-On or before January 1 of each year, the Florida |
117 | Coalition Against Domestic Violence department shall furnish to |
118 | the President of the Senate and the Speaker of the House of |
119 | Representatives a report on the status of domestic violence in |
120 | this state, which report shall include, but is not limited to, |
121 | the following: |
122 | (1) The incidence of domestic violence in this state. |
123 | (2) An identification of the areas of the state where |
124 | domestic violence is of significant proportions, indicating the |
125 | number of cases of domestic violence officially reported, as |
126 | well as an assessment of the degree of unreported cases of |
127 | domestic violence. |
128 | (3) An identification and description of the types of |
129 | programs in the state that assist victims of domestic violence |
130 | or persons who commit domestic violence, including information |
131 | on funding for the programs. |
132 | (4) The number of persons who receive services from are |
133 | treated by or assisted by local certified domestic violence |
134 | programs that receive funding through the Florida Coalition |
135 | Against Domestic Violence department. |
136 | (5) The incidence of domestic violence homicides in the |
137 | state, including information and data collected from state and |
138 | local domestic violence fatality review teams. |
139 | (5) A statement on the effectiveness of such programs in |
140 | preventing future domestic violence. |
141 | (6) An inventory and evaluation of existing prevention |
142 | programs. |
143 | (7) A listing of potential prevention efforts identified |
144 | by the department; the estimated annual cost of providing such |
145 | prevention services, both for a single client and for the |
146 | anticipated target population as a whole; an identification of |
147 | potential sources of funding; and the projected benefits of |
148 | providing such services. |
149 | Section 3. Paragraphs (c), (g), and (i) of subsection (1), |
150 | subsections (2), (3), and (5), paragraph (a) of subsection (6), |
151 | and paragraph (b) of subsection (7) of section 39.905, Florida |
152 | Statutes, are amended to read: |
153 | 39.905 Domestic violence centers.- |
154 | (1) Domestic violence centers certified under this part |
155 | must: |
156 | (c) Provide minimum services that which include, but are |
157 | not limited to, information and referral services, counseling |
158 | and case management services, temporary emergency shelter for |
159 | more than 24 hours, a 24-hour hotline, training for law |
160 | enforcement personnel, assessment and appropriate referral of |
161 | resident children, and educational services for community |
162 | awareness relative to the incidence of domestic violence, the |
163 | prevention of such violence, and the services available care, |
164 | treatment, and rehabilitation for persons engaged in or subject |
165 | to domestic violence. If a 24-hour hotline, professional |
166 | training, or community education is already provided by a |
167 | certified domestic violence center within its designated service |
168 | area a district, the department may exempt such certification |
169 | requirements for a new center serving the same service area |
170 | district in order to avoid duplication of services. |
171 | (g) File with the Florida Coalition Against Domestic |
172 | Violence department a list of the names of the domestic violence |
173 | advocates who are employed or who volunteer at the domestic |
174 | violence center who may claim a privilege under s. 90.5036 to |
175 | refuse to disclose a confidential communication between a victim |
176 | of domestic violence and the advocate regarding the domestic |
177 | violence inflicted upon the victim. The list must include the |
178 | title of the position held by the advocate whose name is listed |
179 | and a description of the duties of that position. A domestic |
180 | violence center must file amendments to this list as necessary. |
181 | (i) If its center is a new center applying for |
182 | certification, demonstrate that the services provided address a |
183 | need identified in the most current statewide needs assessment |
184 | approved by the department. If the center applying for initial |
185 | certification proposes providing services in an area where a |
186 | certified domestic violence center exists, it must demonstrate |
187 | the unmet need by the existing center and describe any efforts |
188 | to reduce duplication of services. |
189 | (2) If the department finds that there is failure by a |
190 | center to comply with the requirements established under this |
191 | part or with the rules adopted pursuant thereto, the department |
192 | may deny, suspend, or revoke the certification of the center. |
193 | The grant, denial, suspension, or revocation of certification |
194 | does not constitute agency action under chapter 120. |
195 | (3) The annual certificate shall automatically expires |
196 | expire on December 31 unless the certification is temporarily |
197 | extended to allow the center to implement corrective action |
198 | plans the termination date shown on the certificate. |
199 | (5) Domestic violence centers may be established |
200 | throughout the state when private, local, state, or federal |
201 | funds are available and a need is demonstrated. |
202 | (6) In order to receive state funds, a center must: |
203 | (a) Obtain certification pursuant to this part. However, |
204 | the issuance of a certificate does will not obligate the Florida |
205 | Coalition Against Domestic Violence department to provide |
206 | funding. |
207 | (7) |
208 | (b) A contract between the Florida Coalition Against |
209 | Domestic Violence statewide association and a certified domestic |
210 | violence center shall contain provisions ensuring assuring the |
211 | availability and geographic accessibility of services throughout |
212 | the service area district. For this purpose, a center may |
213 | distribute funds through subcontracts or to center satellites, |
214 | if provided such arrangements and any subcontracts are approved |
215 | by the Florida Coalition Against Domestic Violence statewide |
216 | association. |
217 | Section 4. Subsection (18) of section 381.006, Florida |
218 | Statutes, is amended to read: |
219 | 381.006 Environmental health.-The department shall conduct |
220 | an environmental health program as part of fulfilling the |
221 | state's public health mission. The purpose of this program is to |
222 | detect and prevent disease caused by natural and manmade factors |
223 | in the environment. The environmental health program shall |
224 | include, but not be limited to: |
225 | (18) A food service inspection function for domestic |
226 | violence centers that are certified and monitored by the Florida |
227 | Coalition Against Domestic Violence Department of Children and |
228 | Family Services under part XIII of chapter 39 and group care |
229 | homes as described in subsection (16), which shall be conducted |
230 | annually and be limited to the requirements in department rule |
231 | applicable to community-based residential facilities with five |
232 | or fewer residents. |
233 |
|
234 | The department may adopt rules to carry out the provisions of |
235 | this section. |
236 | Section 5. Paragraph (b) of subsection (1) of section |
237 | 381.0072, Florida Statutes, is amended to read: |
238 | 381.0072 Food service protection.-It shall be the duty of |
239 | the Department of Health to adopt and enforce sanitation rules |
240 | consistent with law to ensure the protection of the public from |
241 | food-borne illness. These rules shall provide the standards and |
242 | requirements for the storage, preparation, serving, or display |
243 | of food in food service establishments as defined in this |
244 | section and which are not permitted or licensed under chapter |
245 | 500 or chapter 509. |
246 | (1) DEFINITIONS.-As used in this section, the term: |
247 | (b) "Food service establishment" means detention |
248 | facilities, public or private schools, migrant labor camps, |
249 | assisted living facilities, adult family-care homes, adult day |
250 | care centers, short-term residential treatment centers, |
251 | residential treatment facilities, homes for special services, |
252 | transitional living facilities, crisis stabilization units, |
253 | hospices, prescribed pediatric extended care centers, |
254 | intermediate care facilities for persons with developmental |
255 | disabilities, boarding schools, civic or fraternal |
256 | organizations, bars and lounges, vending machines that dispense |
257 | potentially hazardous foods at facilities expressly named in |
258 | this paragraph, and facilities used as temporary food events or |
259 | mobile food units at any facility expressly named in this |
260 | paragraph, where food is prepared and intended for individual |
261 | portion service, including the site at which individual portions |
262 | are provided, regardless of whether consumption is on or off the |
263 | premises and regardless of whether there is a charge for the |
264 | food. The term does not include any entity not expressly named |
265 | in this paragraph; nor does the term include a domestic violence |
266 | center certified and monitored by the Florida Coalition Against |
267 | Domestic Violence Department of Children and Family Services |
268 | under part XIII of chapter 39 if the center does not prepare and |
269 | serve food to its residents and does not advertise food or drink |
270 | for public consumption. |
271 | Section 6. Section 741.281, Florida Statutes, is amended |
272 | to read: |
273 | 741.281 Court to order batterers' intervention program |
274 | attendance.-If a person is found guilty of, has had adjudication |
275 | withheld on, or pleads has pled nolo contendere to a crime of |
276 | domestic violence, as defined in s. 741.28, that person shall be |
277 | ordered by the court to a minimum term of 1 year's probation and |
278 | the court shall order that the defendant attend a batterers' |
279 | intervention program as a condition of probation. The court must |
280 | impose the condition of the batterers' intervention program for |
281 | a defendant under this section, but the court, in its |
282 | discretion, may determine not to impose the condition if it |
283 | states on the record why a batterers' intervention program might |
284 | be inappropriate. The court must impose the condition of the |
285 | batterers' intervention program for a defendant placed on |
286 | probation unless the court determines that the person does not |
287 | qualify for the batterers' intervention program pursuant to s. |
288 | 741.325. Effective July 1, 2002, the batterers' intervention |
289 | program must be a certified program under s. 741.32. The |
290 | imposition of probation under this section does shall not |
291 | preclude the court from imposing any sentence of imprisonment |
292 | authorized by s. 775.082. |
293 | Section 7. Paragraph (g) of subsection (2) of section |
294 | 741.2902, Florida Statutes, is amended to read: |
295 | 741.2902 Domestic violence; legislative intent with |
296 | respect to judiciary's role.- |
297 | (2) It is the intent of the Legislature, with respect to |
298 | injunctions for protection against domestic violence, issued |
299 | pursuant to s. 741.30, that the court shall: |
300 | (g) Consider requiring the perpetrator to complete a |
301 | batterers' intervention program. It is preferred that such |
302 | program include requirements as stated in s. 741.325 be |
303 | certified under s. 741.32. |
304 | Section 8. Paragraphs (a) and (e) of subsection (6) of |
305 | section 741.30, Florida Statutes, are amended to read: |
306 | 741.30 Domestic violence; injunction; powers and duties of |
307 | court and clerk; petition; notice and hearing; temporary |
308 | injunction; issuance of injunction; statewide verification |
309 | system; enforcement.- |
310 | (6)(a) Upon notice and hearing, when it appears to the |
311 | court that the petitioner is either the victim of domestic |
312 | violence as defined by s. 741.28 or has reasonable cause to |
313 | believe he or she is in imminent danger of becoming a victim of |
314 | domestic violence, the court may grant such relief as the court |
315 | deems proper, including an injunction: |
316 | 1. Restraining the respondent from committing any acts of |
317 | domestic violence. |
318 | 2. Awarding to the petitioner the exclusive use and |
319 | possession of the dwelling that the parties share or excluding |
320 | the respondent from the residence of the petitioner. |
321 | 3. On the same basis as provided in chapter 61, providing |
322 | the petitioner with 100 percent of the time-sharing in a |
323 | temporary parenting plan that shall remain in effect until the |
324 | order expires or an order is entered by a court of competent |
325 | jurisdiction in a pending or subsequent civil action or |
326 | proceeding affecting the placement of, access to, parental time |
327 | with, adoption of, or parental rights and responsibilities for |
328 | the minor child. |
329 | 4. On the same basis as provided in chapter 61, |
330 | establishing temporary support for a minor child or children or |
331 | the petitioner. An order of temporary support remains in effect |
332 | until the order expires or an order is entered by a court of |
333 | competent jurisdiction in a pending or subsequent civil action |
334 | or proceeding affecting child support. |
335 | 5. Ordering the respondent to participate in treatment, |
336 | intervention, or counseling services to be paid for by the |
337 | respondent. When the court orders the respondent to participate |
338 | in a batterers' intervention program, the court, or any entity |
339 | designated by the court, must provide the respondent with a list |
340 | of all certified batterers' intervention programs and all |
341 | programs which have submitted an application to the Department |
342 | of Children and Family Services to become certified under s. |
343 | 741.32, from which the respondent must choose a program in which |
344 | to participate. If there are no certified batterers' |
345 | intervention programs in the circuit, the court shall provide a |
346 | list of acceptable programs from which the respondent must |
347 | choose a program in which to participate. |
348 | 6. Referring a petitioner to a certified domestic violence |
349 | center. The court must provide the petitioner with a list of |
350 | certified domestic violence centers in the circuit which the |
351 | petitioner may contact. |
352 | 7. Ordering such other relief as the court deems necessary |
353 | for the protection of a victim of domestic violence, including |
354 | injunctions or directives to law enforcement agencies, as |
355 | provided in this section. |
356 | (e) An injunction for protection against domestic violence |
357 | entered pursuant to this section, on its face, may order that |
358 | the respondent attend a batterers' intervention program as a |
359 | condition of the injunction. Unless the court makes written |
360 | factual findings in its judgment or order which are based on |
361 | substantial evidence, stating why batterers' intervention |
362 | programs would be inappropriate, the court shall order the |
363 | respondent to attend a batterers' intervention program if: |
364 | 1. It finds that the respondent willfully violated the ex |
365 | parte injunction; |
366 | 2. The respondent, in this state or any other state, has |
367 | been convicted of, had adjudication withheld on, or pled nolo |
368 | contendere to a crime involving violence or a threat of |
369 | violence; or |
370 | 3. The respondent, in this state or any other state, has |
371 | had at any time a prior injunction for protection entered |
372 | against the respondent after a hearing with notice. |
373 |
|
374 | It is mandatory that such programs be certified under s. 741.32. |
375 | Section 9. Subsection (5) of section 741.316, Florida |
376 | Statutes, is amended to read: |
377 | 741.316 Domestic violence fatality review teams; |
378 | definition; membership; duties.- |
379 | (5) The domestic violence fatality review teams are |
380 | assigned to the Florida Coalition Against Domestic Violence |
381 | Department of Children and Family Services for administrative |
382 | purposes. |
383 | Section 10. Section 741.32, Florida Statutes, is amended |
384 | to read: |
385 | 741.32 Certification of Batterers' intervention programs.- |
386 | (1) The Legislature finds that the incidence of domestic |
387 | violence in this state Florida is disturbingly high, and that, |
388 | despite the efforts of many to curb this violence, that one |
389 | person dies at the hands of a spouse, ex-spouse, or cohabitant |
390 | approximately every 3 days. Further, a child who witnesses the |
391 | perpetration of this violence becomes a victim as he or she |
392 | hears or sees it occurring. This child is at high risk of also |
393 | being the victim of physical abuse by the parent who is |
394 | perpetrating the violence and, to a lesser extent, by the parent |
395 | who is the victim. These children are also at a high risk of |
396 | perpetrating violent crimes as juveniles and, later, becoming |
397 | perpetrators of the same violence that they witnessed as |
398 | children. The Legislature finds that there should be |
399 | standardized programming available to the justice system to |
400 | protect victims and their children and to hold the perpetrators |
401 | of domestic violence accountable for their acts. Finally, the |
402 | Legislature recognizes that in order for batterers' intervention |
403 | programs to be successful in protecting victims and their |
404 | children, all participants in the justice system as well as |
405 | social service agencies and local and state governments must |
406 | coordinate their efforts at the community level. |
407 | (2) There is hereby established in the Department of |
408 | Children and Family Services an Office for Certification and |
409 | Monitoring of Batterers' Intervention Programs. The department |
410 | may certify and monitor both programs and personnel providing |
411 | direct services to those persons who are adjudged to have |
412 | committed an act of domestic violence as defined in s. 741.28, |
413 | those against whom an injunction for protection against domestic |
414 | violence is entered, those referred by the department, and those |
415 | who volunteer to attend such programs. The purpose of |
416 | certification of programs is to uniformly and systematically |
417 | standardize programs to hold those who perpetrate acts of |
418 | domestic violence responsible for those acts and to ensure |
419 | safety for victims of domestic violence. The certification and |
420 | monitoring shall be funded by user fees as provided in s. |
421 | 741.327. |
422 | Section 11. Section 741.325, Florida Statutes, is amended |
423 | to read: |
424 | 741.325 Requirements for batterers' intervention programs |
425 | Guideline authority.- |
426 | (1) A batterers' intervention program shall meet the |
427 | following requirements The Department of Children and Family |
428 | Services shall promulgate guidelines to govern purpose, |
429 | policies, standards of care, appropriate intervention |
430 | approaches, inappropriate intervention approaches during the |
431 | batterers' program intervention phase (to include couples |
432 | counseling and mediation), conflicts of interest, assessment, |
433 | program content and specifics, qualifications of providers, and |
434 | credentials for facilitators, supervisors, and trainees. The |
435 | department shall, in addition, establish specific procedures |
436 | governing all aspects of program operation, including |
437 | administration, personnel, fiscal matters, victim and batterer |
438 | records, education, evaluation, referral to treatment and other |
439 | matters as needed. In addition, the rules shall establish: |
440 | (a)(1) That The primary purpose of the program programs |
441 | shall be victim safety and the safety of the children, if |
442 | present. |
443 | (b)(2) That The batterer shall be held accountable for |
444 | acts of domestic violence. |
445 | (c)(3) That The program programs shall be at least 29 |
446 | weeks in length and shall include 24 weekly sessions, plus |
447 | appropriate intake, assessment, and orientation programming. |
448 | (d)(4) That The program shall be a psychoeducational model |
449 | that employs a program content based on tactics of power and |
450 | control by one person over another. |
451 | (5) That the programs and those who are facilitators, |
452 | supervisors, and trainees be certified to provide these programs |
453 | through initial certification and that the programs and |
454 | personnel be annually monitored to ensure that they are meeting |
455 | specified standards. |
456 | (e)(6) The intent that The program shall programs be user- |
457 | fee funded with fees from the batterers who attend the program |
458 | as payment, which for programs is important to the batterer |
459 | taking responsibility for the act of violence, and from those |
460 | seeking certification. Exception shall be made for those local, |
461 | state, or federal programs that fund batterers' intervention |
462 | programs in whole or in part. |
463 | (7) Standards for rejection and suspension for failure to |
464 | meet certification standards. |
465 | (2)(8) The requirements of this section That these |
466 | standards shall apply only to programs that address the |
467 | perpetration of violence between intimate partners, spouses, ex- |
468 | spouses, or those who share a child in common or who are |
469 | cohabitants in intimate relationships for the purpose of |
470 | exercising power and control by one over the other. It will |
471 | endanger victims if courts and other referral agencies refer |
472 | family and household members who are not perpetrators of the |
473 | type of domestic violence encompassed by these requirements |
474 | standards. Accordingly, the court and others who make referrals |
475 | should refer perpetrators only to programming that appropriately |
476 | addresses the violence committed. |
477 | Section 12. Section 741.327, Florida Statutes, is |
478 | repealed. |
479 | Section 13. Section 948.038, Florida Statutes, is amended |
480 | to read: |
481 | 948.038 Batterers' intervention program as a condition of |
482 | probation, community control, or other court-ordered community |
483 | supervision.-As a condition of probation, community control, or |
484 | any other court-ordered community supervision, the court shall |
485 | order a person convicted of an offense of domestic violence, as |
486 | defined in s. 741.28, to attend and successfully complete a |
487 | batterers' intervention program unless the court determines that |
488 | the person does not qualify for the batterers' intervention |
489 | program pursuant to s. 741.325. The batterers' intervention |
490 | program must be a program certified under s. 741.32, and The |
491 | offender must pay the cost of attending the program. |
492 | Section 14. Paragraph (a) of subsection (1) of section |
493 | 938.01, Florida Statutes, is amended to read: |
494 | 938.01 Additional Court Cost Clearing Trust Fund.- |
495 | (1) All courts created by Art. V of the State Constitution |
496 | shall, in addition to any fine or other penalty, require every |
497 | person convicted for violation of a state penal or criminal |
498 | statute or convicted for violation of a municipal or county |
499 | ordinance to pay $3 as a court cost. Any person whose |
500 | adjudication is withheld pursuant to the provisions of s. |
501 | 318.14(9) or (10) shall also be liable for payment of such cost. |
502 | In addition, $3 from every bond estreature or forfeited bail |
503 | bond related to such penal statutes or penal ordinances shall be |
504 | remitted to the Department of Revenue as described in this |
505 | subsection. However, no such assessment may be made against any |
506 | person convicted for violation of any state statute, municipal |
507 | ordinance, or county ordinance relating to the parking of |
508 | vehicles. |
509 | (a) All costs collected by the courts pursuant to this |
510 | subsection shall be remitted to the Department of Revenue in |
511 | accordance with administrative rules adopted by the executive |
512 | director of the Department of Revenue for deposit in the |
513 | Additional Court Cost Clearing Trust Fund. These funds and the |
514 | funds deposited in the Additional Court Cost Clearing Trust Fund |
515 | pursuant to s. 318.21(2)(c) shall be distributed as follows: |
516 | 1. Ninety-two percent to the Department of Law Enforcement |
517 | Criminal Justice Standards and Training Trust Fund. |
518 | 2. Six and three-tenths percent to the Department of Law |
519 | Enforcement Operating Trust Fund for the Criminal Justice Grant |
520 | Program. |
521 | 3. One and seven-tenths percent to the Department of |
522 | Children and Family Services Domestic Violence Trust Fund for |
523 | the domestic violence program pursuant to s. 39.903(2)(3). |
524 | Section 15. This act shall take effect July 1, 2011. |
525 |
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526 | ----------------------------------------------------- |
527 | T I T L E A M E N D M E N T |
528 | Remove the entire title and insert: |
529 | A bill to be entitled |
530 | An act relating to domestic violence; amending s. 39.903, |
531 | F.S.; revising provisions relating to certification of |
532 | domestic violence centers; providing specified additional |
533 | duties for and authority of the Florida Coalition Against |
534 | Domestic Violence; revising the duties of the Department |
535 | of Children and Family Services; requiring the department |
536 | to contract with the Florida Coalition Against Domestic |
537 | Violence for specified purposes; amending s. 39.904, F.S.; |
538 | requiring the Florida Coalition Against Domestic Violence |
539 | rather than the department to make a specified annual |
540 | report; revising the contents of the report; amending s. |
541 | 39.905, F.S.; requiring the Florida Coalition Against |
542 | Domestic Violence rather than the department to perform |
543 | certain duties relating to certification of domestic |
544 | violence centers; revising provisions relating to |
545 | certification of domestic violence centers; requiring a |
546 | demonstration of need for certification of a new domestic |
547 | violence center; revising provisions relating to |
548 | expiration of a center's annual certificate; amending ss. |
549 | 381.006, 381.0072, 741.281, 741.2902, 741.30, and 741.316, |
550 | F.S.; conforming provisions to changes made by the act; |
551 | amending s. 741.32, F.S.; deleting provisions relating to |
552 | certification of batterers' intervention programs; |
553 | amending s. 741.325, F.S.; revising the requirements for |
554 | batters' intervention programs; repealing s. 741.327, |
555 | F.S., relating to certification and monitoring of |
556 | batterers' intervention programs; amending ss. 948.038 and |
557 | 938.01, F.S.; conforming provisions to changes made by the |
558 | act; providing an effective date. |