Florida Senate - 2012         (PROPOSED COMMITTEE BILL) SPB 7168
       
       
       
       FOR CONSIDERATION By the Committee on Children, Families, and
       Elder Affairs
       
       
       
       586-01623-12                                          20127168__
    1                        A bill to be entitled                      
    2         An act relating to domestic violence; amending s.
    3         39.903, F.S.; revising provisions relating to
    4         certification of domestic violence centers; providing
    5         specified additional duties for and authority of the
    6         Florida Coalition Against Domestic Violence; revising
    7         the duties of the Department of Children and Family
    8         Services; requiring the department to contract with
    9         the Florida Coalition Against Domestic Violence for
   10         specified purposes; amending s. 39.904, F.S.;
   11         requiring the Florida Coalition Against Domestic
   12         Violence, rather than the department, to make a
   13         specified annual report; revising the contents of the
   14         report; amending s. 39.905, F.S.; requiring the
   15         Florida Coalition Against Domestic Violence, rather
   16         than the department, to perform certain duties
   17         relating to certification of domestic violence
   18         centers; revising provisions relating to certification
   19         of domestic violence centers; requiring a
   20         demonstration of need for certification of a new
   21         domestic violence center; providing the grant, denial,
   22         suspension, or revocation of certification of a
   23         domestic violence center is not agency action for
   24         purposes of appeal under ch. 120, F.S.; revising
   25         provisions relating to expiration of a center’s annual
   26         certificate; amending ss. 381.006, 381.0072, 741.281,
   27         741.2902, 741.30, and 741.316, F.S.; conforming
   28         provisions to changes made by the act; amending s.
   29         741.32, F.S.; deleting provisions relating to the
   30         certification of batterers’ intervention programs;
   31         amending s. 741.325, F.S.; revising the requirements
   32         for batters’ intervention programs; repealing s.
   33         741.327, F.S., relating to the certification and
   34         monitoring of batterers’ intervention programs;
   35         amending ss. 948.038 and 938.01, F.S.; conforming
   36         provisions to changes made by the act; providing an
   37         effective date.
   38  
   39  Be It Enacted by the Legislature of the State of Florida:
   40  
   41         Section 1. Section 39.903, Florida Statutes, is amended to
   42  read:
   43         39.903 Duties and functions of the department with respect
   44  to domestic violence.—
   45         (1) The department shall:
   46         (a) Develop by rule criteria for the approval, suspension,
   47  or rejection of certification or funding of domestic violence
   48  centers.
   49         (b) Develop by rule minimum standards for domestic violence
   50  centers to ensure the health and safety of the clients in the
   51  centers.
   52         (c) Receive and approve or reject applications for initial
   53  certification of domestic violence centers. The certification
   54  shall be renewed annually thereafter by the department upon
   55  receipt of a favorable monitoring report by the Florida
   56  Coalition Against Domestic Violence. If any of the required
   57  services are exempted from certification by the department under
   58  s. 39.905(1)(c), the center may shall not receive funding from
   59  the coalition for those services.
   60         (d) Have Evaluate each certified domestic violence center
   61  annually to ensure compliance with the minimum standards. The
   62  department has the right to enter and inspect the premises of
   63  domestic violence centers applying for an initial certification
   64  or facing potential suspension or revocation of certification
   65  certified domestic violence centers at any reasonable hour in
   66  order to effectively evaluate the state of compliance with
   67  minimum standards of these centers with this part and rules
   68  relating to this part. The coalition has the right to enter and
   69  inspect the premises of certified domestic violence centers for
   70  monitoring purposes.
   71         (e) Adopt rules to implement this part.
   72         (f) Promote the involvement of certified domestic violence
   73  centers in the coordination, development, and planning of
   74  domestic violence programming in the circuits districts and the
   75  state.
   76         (2) The department shall serve as a clearinghouse for
   77  information relating to domestic violence.
   78         (2)(3) The department shall operate the domestic violence
   79  program and enter into partnerships with the coalition for the,
   80  which provides supervision, direction, coordination, and
   81  administration of statewide activities related to the prevention
   82  of domestic violence.
   83         (3)(4) The department shall coordinate with state agencies
   84  that have health, education, or criminal justice
   85  responsibilities to raise awareness of domestic violence and
   86  promote consistent policy implementation enlist the assistance
   87  of public and voluntary health, education, welfare, and
   88  rehabilitation agencies in a concerted effort to prevent
   89  domestic violence and to treat persons engaged in or subject to
   90  domestic violence. With the assistance of these agencies, the
   91  department, within existing resources, shall formulate and
   92  conduct a research and evaluation program on domestic violence.
   93  Efforts on the part of these agencies to obtain relevant grants
   94  to fund this research and evaluation program must be supported
   95  by the department.
   96         (5) The department shall develop and provide educational
   97  programs on domestic violence for the benefit of the general
   98  public, persons engaged in or subject to domestic violence,
   99  professional persons, or others who care for or may be engaged
  100  in the care and treatment of persons engaged in or subject to
  101  domestic violence.
  102         (4)(6) The department shall cooperate with, assist in, and
  103  participate in, programs of other properly qualified state
  104  agencies, federal agencies, private organizations including any
  105  agency of the Federal Government, schools of medicine,
  106  hospitals, and clinics, in planning and conducting research on
  107  the prevention of domestic violence and the provision of
  108  services to clients, care, treatment, and rehabilitation of
  109  persons engaged in or subject to domestic violence.
  110         (5)(7) The department shall contract with the statewide
  111  coalition that represents and provides a statewide association
  112  whose primary purpose is to represent and provide technical
  113  assistance to certified domestic violence centers for the
  114  delivery and management of services for the state’s domestic
  115  violence program. Services under this contract include, but are
  116  not limited to, the administration of contracts and grants as
  117  directed by the department. As part of its management of the
  118  delivery of services for the state’s domestic violence program,
  119  the coalition This association shall implement, administer, and
  120  evaluate all services provided by the certified domestic
  121  violence centers;. The association shall receive and approve or
  122  reject applications for funding of certified domestic violence
  123  centers; and evaluate certified domestic violence centers in
  124  order to determine compliance with minimum certification
  125  standards. When approving funding for a newly certified domestic
  126  violence center, the coalition association shall make every
  127  effort to minimize any adverse economic impact on existing
  128  certified domestic violence centers or services provided within
  129  the same service area. In order to minimize duplication of
  130  services, the coalition association shall make every effort to
  131  encourage subcontracting relationships with existing certified
  132  domestic violence centers within the same service area. In
  133  distributing funds allocated by the Legislature for certified
  134  domestic violence centers, the coalition association shall use a
  135  formula approved by the department as specified in s.
  136  39.905(7)(a).
  137         (6) The department shall consider and award applications
  138  from certified domestic violence centers for capital improvement
  139  grants pursuant to s. 39.9055.
  140         Section 2. Section 39.904, Florida Statutes, is amended to
  141  read:
  142         39.904 Report to the Legislature on the status of domestic
  143  violence cases.—On or before January 1 of each year, the Florida
  144  Coalition Against Domestic Violence department shall furnish to
  145  the President of the Senate and the Speaker of the House of
  146  Representatives a report on the status of domestic violence in
  147  this state, which must report shall include, but need is not be
  148  limited to, the following:
  149         (1) The incidence of domestic violence in this state.
  150         (2) An identification of the areas of the state where
  151  domestic violence is of significant proportions, indicating the
  152  number of cases of domestic violence officially reported, as
  153  well as an assessment of the degree of unreported cases of
  154  domestic violence.
  155         (3) An identification and description of the types of
  156  programs in the state which that assist victims of domestic
  157  violence or persons who commit domestic violence, including
  158  information on funding for the programs.
  159         (4) The number of persons who receive services from are
  160  treated by or assisted by local certified domestic violence
  161  programs that receive funding through the coalition department.
  162         (5) The incidence of domestic violence homicides in the
  163  state, including information and data collected from state and
  164  local domestic violence fatality review teams. A statement on
  165  the effectiveness of such programs in preventing future domestic
  166  violence.
  167         (6) An inventory and evaluation of existing prevention
  168  programs.
  169         (7) A listing of potential prevention efforts identified by
  170  the department; the estimated annual cost of providing such
  171  prevention services, both for a single client and for the
  172  anticipated target population as a whole; an identification of
  173  potential sources of funding; and the projected benefits of
  174  providing such services.
  175         Section 3. Paragraphs (c), (g), and (i) of subsection (1),
  176  subsections (2), (3), and (5), paragraph (a) of subsection (6),
  177  and paragraph (b) of subsection (7) of section 39.905, Florida
  178  Statutes, are amended to read:
  179         39.905 Domestic violence centers.—
  180         (1) Domestic violence centers certified under this part
  181  must:
  182         (c) Provide minimum services that which include, but are
  183  not limited to, information and referral services, counseling
  184  and case management services, temporary emergency shelter for
  185  more than 24 hours, a 24-hour hotline, training for law
  186  enforcement personnel, assessment and appropriate referral of
  187  resident children, and educational services for community
  188  awareness relative to the incidence of domestic violence, the
  189  prevention of such violence, and the services available care,
  190  treatment, and rehabilitation for persons engaged in or subject
  191  to domestic violence. If a 24-hour hotline, professional
  192  training, or community education is already provided by a
  193  certified domestic violence center within its designated service
  194  area a district, the department may exempt such certification
  195  requirements for a new center serving the same service area
  196  district in order to avoid duplication of services.
  197         (g) File with the Florida Coalition Against Domestic
  198  Violence department a list of the names of the domestic violence
  199  advocates who are employed or who volunteer at the domestic
  200  violence center who may claim a privilege under s. 90.5036 to
  201  refuse to disclose a confidential communication between a victim
  202  of domestic violence and the advocate regarding the domestic
  203  violence inflicted upon the victim. The list must include the
  204  title of the position held by the advocate whose name is listed
  205  and a description of the duties of that position. A domestic
  206  violence center must file amendments to this list as necessary.
  207         (i) If its center is a new center applying for
  208  certification, demonstrate that the services provided address a
  209  need identified in the most current statewide needs assessment
  210  approved by the department. If the center applying for initial
  211  certification proposes providing services in an area that has an
  212  existing certified domestic violence center, the center applying
  213  for initial certification must demonstrate the unmet need in
  214  that service area and describe its efforts to avoid duplication
  215  of services.
  216         (2) If the department finds that there is failure by a
  217  center to comply with the requirements established under this
  218  part or with the rules adopted pursuant thereto, the department
  219  may deny, suspend, or revoke the certification of the center.
  220  The grant, denial, suspension, or revocation of certification
  221  does not constitute agency action under chapter 120.
  222         (3) The annual certificate shall automatically expires
  223  expire on June 30 of each state fiscal year unless the
  224  certification is temporarily extended to allow the center to
  225  implement a corrective action plan the termination date shown on
  226  the certificate.
  227         (5) Domestic violence centers may be established throughout
  228  the state when private, local, state, or federal funds are
  229  available and a need is demonstrated.
  230         (6) In order to receive state funds, a center must:
  231         (a) Obtain certification pursuant to this part. However,
  232  the issuance of a certificate does will not obligate the Florida
  233  Coalition Against Domestic Violence department to provide
  234  funding.
  235         (7)
  236         (b) A contract between the coalition statewide association
  237  and a certified domestic violence center shall contain
  238  provisions ensuring assuring the availability and geographic
  239  accessibility of services throughout the service area district.
  240  For this purpose, a center may distribute funds through
  241  subcontracts or to center satellites, if provided such
  242  arrangements and any subcontracts are approved by the Florida
  243  Coalition Against Domestic Violence statewide association.
  244         Section 4. Subsection (18) of section 381.006, Florida
  245  Statutes, is amended to read:
  246         381.006 Environmental health.—The department shall conduct
  247  an environmental health program as part of fulfilling the
  248  state’s public health mission. The purpose of this program is to
  249  detect and prevent disease caused by natural and manmade factors
  250  in the environment. The environmental health program shall
  251  include, but not be limited to:
  252         (18) A food service inspection function for domestic
  253  violence centers that are certified by the Department of
  254  Children and Family Services and monitored by the Florida
  255  Coalition Against Domestic Violence Department of Children and
  256  Family Services under part XII of chapter 39 and group care
  257  homes as described in subsection (16), which shall be conducted
  258  annually and be limited to the requirements in department rule
  259  applicable to community-based residential facilities with five
  260  or fewer residents.
  261  
  262  The department may adopt rules to carry out the provisions of
  263  this section.
  264         Section 5. Paragraph (b) of subsection (1) of section
  265  381.0072, Florida Statutes, is amended to read:
  266         381.0072 Food service protection.—It shall be the duty of
  267  the Department of Health to adopt and enforce sanitation rules
  268  consistent with law to ensure the protection of the public from
  269  food-borne illness. These rules shall provide the standards and
  270  requirements for the storage, preparation, serving, or display
  271  of food in food service establishments as defined in this
  272  section and which are not permitted or licensed under chapter
  273  500 or chapter 509.
  274         (1) DEFINITIONS.—As used in this section, the term:
  275         (b) “Food service establishment” means detention
  276  facilities, public or private schools, migrant labor camps,
  277  assisted living facilities, adult family-care homes, adult day
  278  care centers, short-term residential treatment centers,
  279  residential treatment facilities, homes for special services,
  280  transitional living facilities, crisis stabilization units,
  281  hospices, prescribed pediatric extended care centers,
  282  intermediate care facilities for persons with developmental
  283  disabilities, boarding schools, civic or fraternal
  284  organizations, bars and lounges, vending machines that dispense
  285  potentially hazardous foods at facilities expressly named in
  286  this paragraph, and facilities used as temporary food events or
  287  mobile food units at any facility expressly named in this
  288  paragraph, where food is prepared and intended for individual
  289  portion service, including the site at which individual portions
  290  are provided, regardless of whether consumption is on or off the
  291  premises and regardless of whether there is a charge for the
  292  food. The term does not include any entity not expressly named
  293  in this paragraph; nor does the term include a domestic violence
  294  center certified by the Department of Children and Family
  295  Services and monitored by the Florida Coalition Against Domestic
  296  Violence Department of Children and Family Services under part
  297  XII of chapter 39 if the center does not prepare and serve food
  298  to its residents and does not advertise food or drink for public
  299  consumption.
  300         Section 6. Section 741.281, Florida Statutes, is amended to
  301  read:
  302         741.281 Court to order batterers’ intervention program
  303  attendance.—If a person is found guilty of, has had adjudication
  304  withheld on, or pleads has pled nolo contendere to a crime of
  305  domestic violence, as defined in s. 741.28, that person shall be
  306  ordered by the court to a minimum term of 1 year’s probation and
  307  the court shall order that the defendant attend a batterers’
  308  intervention program as a condition of probation. The court must
  309  impose the condition of the batterers’ intervention program for
  310  a defendant under this section, but the court, in its
  311  discretion, may determine not to impose the condition if it
  312  states on the record why a batterers’ intervention program might
  313  be inappropriate. The court must impose the condition of the
  314  batterers’ intervention program for a defendant placed on
  315  probation unless the court determines that the person does not
  316  qualify for the batterers’ intervention program pursuant to s.
  317  741.325. Effective July 1, 2002, the batterers’ intervention
  318  program must be a certified program under s. 741.32. The
  319  imposition of probation under this section does shall not
  320  preclude the court from imposing any sentence of imprisonment
  321  authorized by s. 775.082.
  322         Section 7. Paragraph (g) of subsection (2) of section
  323  741.2902, Florida Statutes, is amended to read:
  324         741.2902 Domestic violence; legislative intent with respect
  325  to judiciary’s role.—
  326         (2) It is the intent of the Legislature, with respect to
  327  injunctions for protection against domestic violence, issued
  328  pursuant to s. 741.30, that the court shall:
  329         (g) Consider requiring the perpetrator to complete a
  330  batterers’ intervention program. It is preferred that such
  331  program meet the requirements specified in s. 741.325 be
  332  certified under s. 741.32.
  333         Section 8. Paragraphs (a) and (e) of subsection (6) of
  334  section 741.30, Florida Statutes, are amended to read:
  335         741.30 Domestic violence; injunction; powers and duties of
  336  court and clerk; petition; notice and hearing; temporary
  337  injunction; issuance of injunction; statewide verification
  338  system; enforcement.—
  339         (6)(a) Upon notice and hearing, when it appears to the
  340  court that the petitioner is either the victim of domestic
  341  violence as defined by s. 741.28 or has reasonable cause to
  342  believe he or she is in imminent danger of becoming a victim of
  343  domestic violence, the court may grant such relief as the court
  344  deems proper, including an injunction:
  345         1. Restraining the respondent from committing any acts of
  346  domestic violence.
  347         2. Awarding to the petitioner the exclusive use and
  348  possession of the dwelling that the parties share or excluding
  349  the respondent from the residence of the petitioner.
  350         3. On the same basis as provided in chapter 61, providing
  351  the petitioner with 100 percent of the time-sharing in a
  352  temporary parenting plan that remains shall remain in effect
  353  until the order expires or an order is entered by a court of
  354  competent jurisdiction in a pending or subsequent civil action
  355  or proceeding affecting the placement of, access to, parental
  356  time with, adoption of, or parental rights and responsibilities
  357  for the minor child.
  358         4. On the same basis as provided in chapter 61,
  359  establishing temporary support for a minor child or children or
  360  the petitioner. An order of temporary support remains in effect
  361  until the order expires or an order is entered by a court of
  362  competent jurisdiction in a pending or subsequent civil action
  363  or proceeding affecting child support.
  364         5. Ordering the respondent to participate in treatment,
  365  intervention, or counseling services to be paid for by the
  366  respondent. When the court orders the respondent to participate
  367  in a batterers’ intervention program, the court, or any entity
  368  designated by the court, must provide the respondent with a list
  369  of all certified batterers’ intervention programs and all
  370  programs which have submitted an application to the Department
  371  of Children and Family Services to become certified under s.
  372  741.32, from which the respondent must choose a program in which
  373  to participate. If there are no certified batterers’
  374  intervention programs in the circuit, the court shall provide a
  375  list of acceptable programs from which the respondent must
  376  choose a program in which to participate.
  377         6. Referring a petitioner to a certified domestic violence
  378  center. The court must provide the petitioner with a list of
  379  certified domestic violence centers in the circuit which the
  380  petitioner may contact.
  381         7. Ordering such other relief as the court deems necessary
  382  for the protection of a victim of domestic violence, including
  383  injunctions or directives to law enforcement agencies, as
  384  provided in this section.
  385         (e) An injunction for protection against domestic violence
  386  entered pursuant to this section, on its face, may order that
  387  the respondent attend a batterers’ intervention program as a
  388  condition of the injunction. Unless the court makes written
  389  factual findings in its judgment or order which are based on
  390  substantial evidence, stating why batterers’ intervention
  391  programs would be inappropriate, the court shall order the
  392  respondent to attend a batterers’ intervention program if:
  393         1. It finds that the respondent willfully violated the ex
  394  parte injunction;
  395         2. The respondent, in this state or any other state, has
  396  been convicted of, had adjudication withheld on, or pled nolo
  397  contendere to a crime involving violence or a threat of
  398  violence; or
  399         3. The respondent, in this state or any other state, has
  400  had at any time a prior injunction for protection entered
  401  against the respondent after a hearing with notice.
  402  
  403  It is mandatory that such programs be certified under s. 741.32.
  404         Section 9. Subsection (5) of section 741.316, Florida
  405  Statutes, is amended to read:
  406         741.316 Domestic violence fatality review teams;
  407  definition; membership; duties.—
  408         (5) The domestic violence fatality review teams are
  409  assigned to the Florida Coalition Against Domestic Violence
  410  Department of Children and Family Services for administrative
  411  purposes.
  412         Section 10. Section 741.32, Florida Statutes, is amended to
  413  read:
  414         741.32 Certification of Batterers’ intervention programs.—
  415         (1) The Legislature finds that the incidence of domestic
  416  violence in this state Florida is disturbingly high, and that,
  417  despite the efforts of many to curb this violence, that one
  418  person dies at the hands of a spouse, ex-spouse, or cohabitant
  419  approximately every 3 days. Further, a child who witnesses the
  420  perpetration of this violence becomes a victim as he or she
  421  hears or sees it occurring. This child is at high risk of also
  422  being the victim of physical abuse by the parent who is
  423  perpetrating the violence and, to a lesser extent, by the parent
  424  who is the victim. These children are also at a high risk of
  425  perpetrating violent crimes as juveniles and, later, becoming
  426  perpetrators of the same violence that they witnessed as
  427  children. The Legislature finds that there should be
  428  standardized programming available to the justice system to
  429  protect victims and their children and to hold the perpetrators
  430  of domestic violence accountable for their acts. Finally, the
  431  Legislature recognizes that in order for batterers’ intervention
  432  programs to be successful in protecting victims and their
  433  children, all participants in the justice system as well as
  434  social service agencies and local and state governments must
  435  coordinate their efforts at the community level.
  436         (2) There is hereby established in the Department of
  437  Children and Family Services an Office for Certification and
  438  Monitoring of Batterers’ Intervention Programs. The department
  439  may certify and monitor both programs and personnel providing
  440  direct services to those persons who are adjudged to have
  441  committed an act of domestic violence as defined in s. 741.28,
  442  those against whom an injunction for protection against domestic
  443  violence is entered, those referred by the department, and those
  444  who volunteer to attend such programs. The purpose of
  445  certification of programs is to uniformly and systematically
  446  standardize programs to hold those who perpetrate acts of
  447  domestic violence responsible for those acts and to ensure
  448  safety for victims of domestic violence. The certification and
  449  monitoring shall be funded by user fees as provided in s.
  450  741.327.
  451         Section 11. Section 741.325, Florida Statutes, is amended
  452  to read:
  453         741.325 Requirements for batterers’ intervention programs
  454  Guideline authority.—
  455         (1) A batterers’ intervention program must meet the
  456  following requirements The Department of Children and Family
  457  Services shall promulgate guidelines to govern purpose,
  458  policies, standards of care, appropriate intervention
  459  approaches, inappropriate intervention approaches during the
  460  batterers’ program intervention phase (to include couples
  461  counseling and mediation), conflicts of interest, assessment,
  462  program content and specifics, qualifications of providers, and
  463  credentials for facilitators, supervisors, and trainees. The
  464  department shall, in addition, establish specific procedures
  465  governing all aspects of program operation, including
  466  administration, personnel, fiscal matters, victim and batterer
  467  records, education, evaluation, referral to treatment and other
  468  matters as needed. In addition, the rules shall establish:
  469         (a)(1)That The primary purpose of the program programs
  470  shall be victim safety and the safety of the children, if
  471  present.
  472         (b)(2)That The batterer shall be held accountable for acts
  473  of domestic violence.
  474         (c)(3)That The program programs shall be at least 29 weeks
  475  in length and shall include 24 weekly sessions, plus appropriate
  476  intake, assessment, and orientation programming.
  477         (d)(4)That The program content shall be based on be a
  478  psychoeducational model that addresses employs a program content
  479  based on tactics of power and control by one person over
  480  another.
  481         (5) That the programs and those who are facilitators,
  482  supervisors, and trainees be certified to provide these programs
  483  through initial certification and that the programs and
  484  personnel be annually monitored to ensure that they are meeting
  485  specified standards.
  486         (e)(6)The intent that The program shall programs be user
  487  fee funded by user with fees paid by from the batterers who
  488  attend the program, which allows them to take as payment for
  489  programs is important to the batterer taking responsibility for
  490  their acts the act of violence, and from those seeking
  491  certification. An exception shall be made for those local,
  492  state, or federal programs that fund batterers’ intervention
  493  programs in whole or in part.
  494         (7) Standards for rejection and suspension for failure to
  495  meet certification standards.
  496         (2)(8)The requirements of this section That these
  497  standards shall apply only to programs that address the
  498  perpetration of violence between intimate partners, spouses, ex
  499  spouses, or those who share a child in common or who are
  500  cohabitants in intimate relationships for the purpose of
  501  exercising power and control by one over the other. It will
  502  endanger victims if courts and other referral agencies refer
  503  family and household members who are not perpetrators of the
  504  type of domestic violence encompassed by these requirements
  505  standards. Accordingly, the court and others who make referrals
  506  should refer perpetrators only to programming that appropriately
  507  addresses the violence committed.
  508         Section 12. Section 741.327, Florida Statutes, is repealed.
  509         Section 13. Section 948.038, Florida Statutes, is amended
  510  to read:
  511         948.038 Batterers’ intervention program as a condition of
  512  probation, community control, or other court-ordered community
  513  supervision.—As a condition of probation, community control, or
  514  any other court-ordered community supervision, the court shall
  515  order a person convicted of an offense of domestic violence, as
  516  defined in s. 741.28, to attend and successfully complete a
  517  batterers’ intervention program unless the court determines that
  518  the person does not qualify for the batterers’ intervention
  519  program pursuant to s. 741.325. The batterers’ intervention
  520  program must be a program certified under s. 741.32, and the
  521  offender must pay the cost of attending the program.
  522         Section 14. Paragraph (a) of subsection (1) of section
  523  938.01, Florida Statutes, is amended to read:
  524         938.01 Additional Court Cost Clearing Trust Fund.—
  525         (1) All courts created by Art. V of the State Constitution
  526  shall, in addition to any fine or other penalty, require every
  527  person convicted for violation of a state penal or criminal
  528  statute or convicted for violation of a municipal or county
  529  ordinance to pay $3 as a court cost. Any person whose
  530  adjudication is withheld pursuant to the provisions of s.
  531  318.14(9) or (10) shall also be liable for payment of such cost.
  532  In addition, $3 from every bond estreature or forfeited bail
  533  bond related to such penal statutes or penal ordinances shall be
  534  remitted to the Department of Revenue as described in this
  535  subsection. However, no such assessment may be made against any
  536  person convicted for violation of any state statute, municipal
  537  ordinance, or county ordinance relating to the parking of
  538  vehicles.
  539         (a) All costs collected by the courts pursuant to this
  540  subsection shall be remitted to the Department of Revenue in
  541  accordance with administrative rules adopted by the executive
  542  director of the Department of Revenue for deposit in the
  543  Additional Court Cost Clearing Trust Fund. These funds and the
  544  funds deposited in the Additional Court Cost Clearing Trust Fund
  545  pursuant to s. 318.21(2)(c) shall be distributed as follows:
  546         1. Ninety-two percent to the Department of Law Enforcement
  547  Criminal Justice Standards and Training Trust Fund.
  548         2. Six and three-tenths percent to the Department of Law
  549  Enforcement Operating Trust Fund for the Criminal Justice Grant
  550  Program.
  551         3. One and seven-tenths percent to the Department of
  552  Children and Family Services Domestic Violence Trust Fund for
  553  the domestic violence program pursuant to s. 39.903(2)(3).
  554         Section 15. This act shall take effect July 1, 2012.