The Florida Senate

318.21  Disposition of civil penalties by county courts.--All civil penalties received by a county court pursuant to the provisions of this chapter shall be distributed and paid monthly as follows:

¹(1)  One dollar from every civil penalty shall be paid to the Department of Children and Family Services for deposit into the Child Welfare Training Trust Fund for child welfare training purposes pursuant to s. 402.40. One dollar from every civil penalty shall be paid to the Department of Juvenile Justice for deposit into the Juvenile Justice Training Trust Fund for juvenile justice purposes pursuant to s. 985.406.

¹(2)  Of the remainder:

¹(a)  Five and six-tenths percent shall be paid to the General Revenue Fund of the state, except that the first $300,000 shall be deposited into the Grants and Donations Trust Fund in the state courts system for administrative costs, training costs, and costs associated with the implementation and maintenance of Florida foster care citizen review panels in a constitutional charter county as provided for in s. 39.702.

(b)  Seven and two-tenths percent shall be deposited in the Emergency Medical Services Trust Fund for the purposes set forth in s. 401.113.

(c)  Five and one-tenth percent shall be deposited in the Additional Court Cost Clearing Trust Fund established pursuant to s. 938.01 for criminal justice purposes.

(d)  Eight and two-tenths percent shall be deposited in the Brain and Spinal Cord Injury Rehabilitation Trust Fund for the purposes set forth in s. 381.79.

(e)  Two percent shall be deposited in the endowment fund of the Florida Endowment Foundation for Vocational Rehabilitation established by s. 413.615.

(f)  Five-tenths percent shall be paid to the clerk of the court for administrative costs.

(g)1.  If the violation occurred within a municipality or a special improvement district of the Seminole Indian Tribe or Miccosukee Indian Tribe, 56.4 percent shall be paid to that municipality or special improvement district.

2.  If the violation occurred within the unincorporated area of a county that is not within a special improvement district of the Seminole Indian Tribe or Miccosukee Indian Tribe, 56.4 percent shall be paid to that county.

(h)  Fifteen percent must be deposited into the County Article V Trust Fund.

²(i)  For fiscal year 2000-2001 only, and in lieu of the provisions of paragraph (a), five and six-tenths percent shall be paid to the General Revenue Fund of the state, except that the first $300,000 shall be deposited into the Grants and Donations Trust Fund in the state courts system for administrative costs, training costs, and costs associated with the implementation and maintenance of Florida foster care citizen review panels as provided for in s. 39.702. This paragraph is repealed on July 1, 2001.

(3)(a)  Moneys paid to a municipality or special improvement district under subparagraph (2)(g)1. must be used to fund local criminal justice training as provided in s. 938.15 when such a program is established by ordinance; to fund a municipal school crossing guard training program; and for any other lawful purpose.

(b)  Moneys paid to a county under subparagraph (2)(g)2. shall be used to fund local criminal justice training as provided in s. 938.15 when such a program is established by ordinance, to fund a county school crossing guard training program, and for any other lawful purpose.

(4)  Of the additional fine assessed under s. 318.18(3)(e) for a violation of s. 316.1301, 40 percent must be deposited into the Grants and Donations Trust Fund of the Division of Blind Services of the Department of Labor and Employment Security, and 60 percent must be distributed pursuant to subsections (1) and (2).

(5)  Of the additional fine assessed under s. 318.18(3)(e) for a violation of s. 316.1303, 60 percent must be deposited into the endowment fund for the Florida Endowment Foundation for Vocational Rehabilitation, and 40 percent must be distributed pursuant to subsections (1) and (2) of this section.

(6)  For every violation of s. 316.613 or s. 316.614, $5 will be deducted from the civil penalty assessed under this chapter and deposited into the Epilepsy Services Trust Fund established under s. 385.207. The remainder must be distributed pursuant to subsections (1) and (2).

(7)  For fines assessed under s. 318.18(3) for unlawful speed, the following amounts must be deducted and deposited into the Nongame Wildlife Trust Fund:


For speed exceeding the limit by:

Fine:

1-5 m.p.h. ....... $ .00
6-9 m.p.h. ....... $ .25
10-14 m.p.h. ....... $ 3.00
15-19 m.p.h. ....... $ 4.00
20-29 m.p.h. ....... $ 5.00
30 m.p.h. and above ....... $10.00


The remaining amount must be distributed pursuant to subsections (1) and (2).

(8)  All moneys collected by the clerk of the court for deposit into a state trust fund must be sent monthly to the Department of Highway Safety and Motor Vehicles for distribution. Such a submittal must be accompanied by a specific accounting of the amounts due each fund.

(9)  Fines and forfeitures received from violations committed within a municipality must be paid monthly to that municipality; fines and forfeitures received from violations committed within a special improvement district created for the Seminole Indian Tribe or Miccosukee Indian Tribe under s. 285.17 must be paid monthly to that special improvement district. These fines and forfeitures must be paid monthly to that municipality or special improvement district in addition to any other fines and forfeitures received by a county court which are required to be paid to that municipality or special improvement district under any other law. If, on February 1, 1972, any chartered county court that has countywide jurisdiction was trying traffic offenses committed within a municipality in that county, two-thirds of the fines and forfeitures received as a result of violations of this chapter, or of any ordinances adopting matter covered by this chapter, committed within a municipality must be paid and distributed to the municipality, and the remainder must be paid to the county, except as otherwise provided in subsection (5). The amount of fines and forfeitures payable to a special improvement district created under s. 285.17 which is located in a charter county must be determined in the same manner as the amount of fines and forfeitures payable to a municipality in that county. All fines and forfeitures received by any county court as the result of citations issued under s. 316.640(2)(c)1. must be paid to the county whether or not such citations were issued for parking violations that occurred within a municipality or special improvement district created under s. 285.17.

(10)  Twelve dollars and fifty cents from each moving traffic violation must be used by the county to fund that county's participation in an intergovernmental radio communication program approved by the Department of Management Services. If the county is not participating in such a program, funds collected must be used to fund local law enforcement automation and must be distributed to the municipality or special improvement district in which the violation occurred or to the county if the violation occurred within the unincorporated area of the county.

(11)  The additional costs and surcharges on criminal traffic offenses provided for under ss. 938.03 and 938.04 must be collected and distributed by the clerk of the court as provided in those sections. The additional costs and surcharges must also be collected for the violation of any ordinances adopting the criminal traffic offenses enumerated in s. 318.17.

(12)(a)  A county or municipality may, by majority vote of the governing board of the respective county or municipality, impose a surcharge on parking fines for the sole purpose of funding school crossing guard programs; however, the governing body may set aside funds from this surcharge to pay for startup costs and recurring administrative costs related to printing new tickets or other means of implementing the program. The surcharge must be authorized by ordinance requiring public hearings.

(b)  The proceeds of this surcharge must be placed in a trust fund established by the governing body of the county or municipality called the School Crossing Guard Trust Fund. Funds collected from this surcharge must be distributed quarterly to fund the school crossing guard programs provided in subsection (3).

(c)  If a county government is operating a school crossing guard program in the exercise of its municipal responsibilities, the county may, by majority vote of its governing board, impose a countywide surcharge on parking fines for the sole purpose of funding school crossing guard programs throughout the county; however, the governing body may set aside funds from this surcharge to pay for startup costs and recurring administrative costs related to printing new tickets or other means of implementing the program. The surcharge must be authorized by an ordinance requiring public hearings. This surcharge, established by the governing body of the county, must be placed in a trust fund called the School Crossing Guard Trust Fund. Funds collected from this surcharge must be distributed quarterly to jurisdictions to fund school crossing guard programs based on each jurisdiction's percentage of the school crossing guards in the county school district.

History.--s. 1, ch. 74-377; s. 39, ch. 76-31; s. 9, ch. 86-154; s. 3, ch. 87-108; s. 4, ch. 87-186; s. 2, ch. 88-73; s. 7, ch. 90-208; s. 4, ch. 91-200; s. 4, ch. 92-194; s. 3, ch. 92-195; s. 2, ch. 94-324; s. 59, ch. 95-267; s. 49, ch. 96-350; ss. 2, 3, 4, 5, 6, ch. 97-235; s. 33, ch. 97-271; s. 94, ch. 98-279; ss. 29, 30, 31, 32, 33, 34, ch. 98-280; ss. 133, 134, 135, 136, 137, ch. 98-403; s. 95, ch. 99-13; s. 254, ch. 99-248; s. 4, ch. 2000-139; s. 43, ch. 2000-152; s. 36, ch. 2000-171.

¹Note.--

A.  Section 4(2), ch. 97-235, provides that "[t]he amendments to section 318.21, Florida Statutes, 1996 Supplement, by this section shall expire on June 30, 2001, and the text of section 318.21, Florida Statutes, 1996 Supplement, shall revert to that in existence on June 30, 1997, except that any amendments to such text enacted other than by this act shall be preserved and continue to operate to the extent that such amendments are not dependent upon the portions of said text which expire pursuant to the provisions of this subsection. The Statutory Revision Division . . . shall include in an appropriate reviser's bill any amendments to said section which are necessary to give effect to the legislative intent expressed in this subsection."

B.1.  Section 5(1), ch. 97-235, amended subsection (1), which was also subsequently amended by s. 33, ch. 98-280, and paragraph (a) of subsection (2), which was also subsequently amended by s. 4, ch. 2000-139, and by s. 136, ch. 98-403, effective July 1, 2001, to read, as amended:

(1)  One dollar from every civil penalty shall be paid to the Department of Children and Family Services for deposit into the Child Welfare Training Trust Fund for child welfare training purposes pursuant to s. 402.40. One dollar from every civil penalty shall be paid to the Department of Juvenile Justice for deposit into the Juvenile Justice Training Trust Fund for juvenile justice purposes pursuant to s. 985.406.

(2)  Of the remainder:

(a)  Twenty and six-tenths percent shall be paid to the County Article V Trust Fund, except that the first $300,000 shall be deposited into the Grants and Donations Trust Fund in the state courts system for administrative costs, training costs, and costs associated with the implementation and maintenance of Florida foster care citizen review panels in a constitutional charter county as provided for in s. 39.702.

2.  Section 5(2), ch. 97-235, provides that "[t]he amendments to section 318.21, Florida Statutes, 1996 Supplement, by this section shall expire on June 30, 2002, and the text of section 318.21, Florida Statutes, 1996 Supplement, shall revert to that in existence on June 30, 1997, except that any amendments to such text enacted other than by this act shall be preserved and continue to operate to the extent that such amendments are not dependent upon the portions of said text which expire pursuant to the provisions of this subsection. The Statutory Revision Division . . . shall include in an appropriate reviser's bill any amendments to said section which are necessary to give effect to the legislative intent expressed in this subsection."

C.  Section 6, ch. 97-235, amended subsection (1), which was also subsequently amended by s. 34, ch. 98-280, and paragraph (a) of subsection (2), which was also subsequently amended by s. 4, ch. 2000-139, and by s. 137, ch. 98-403, effective July 1, 2002, to read, as amended:

(1)  One dollar from every civil penalty shall be paid to the Department of Children and Family Services for deposit into the Child Welfare Training Trust Fund for child welfare training purposes pursuant to s. 402.40. One dollar from every civil penalty shall be paid to the Department of Juvenile Justice for deposit into the Juvenile Justice Training Trust Fund for juvenile justice purposes pursuant to s. 985.406.

(2)  Of the remainder:

(a)  Twenty and six-tenths percent shall be paid to the General Revenue Fund of the state, except that the first $300,000 shall be deposited into the Grants and Donations Trust Fund in the state courts system for administrative costs, training costs, and costs associated with the implementation and maintenance of Florida foster care citizen review panels in a constitutional charter county as provided for in s. 39.702.

²Note.--Section 36, ch. 2000-171, added paragraph (2)(i) "[i]n order to implement Specific Appropriation 2713B of the 2000-2001 General Appropriations Act."