Senate Bill 0502

CODING: Words stricken are deletions; words underlined are additions.


    Florida Senate - 1998                                   SB 502

    By Senator Gutman





    34-614-98                                               See HB

  1                      A bill to be entitled

  2         An act relating to court costs to fund law

  3         enforcement programs; creating s. 938.06, F.S.;

  4         imposing an additional court cost on fines for

  5         criminal offenses in county and circuit courts;

  6         authorizing the courts to increase the amount

  7         under certain conditions; providing for deposit

  8         in the Crime Stoppers Trust Fund; amending s.

  9         16.555, F.S.; providing for distribution of

10         such funds in the trust fund by the Department

11         of Legal Affairs to counties to support

12         official Crime Stoppers and their programs;

13         providing an effective date.

14

15  Be It Enacted by the Legislature of the State of Florida:

16

17         Section 1.  Section 938.06, Florida Statutes, is

18  created to read:

19         938.06  Additional cost for crime stoppers programs.--

20         (1)  In addition to any fine prescribed by law for any

21  criminal offense, there is hereby assessed as a court cost an

22  additional surcharge of $20 on such fine, which shall be

23  imposed by all county and circuit courts and collected by the

24  clerks of the courts together with such fine. No political

25  subdivision shall be held liable for payment of costs under

26  this section.

27         (2)  The county and circuit courts have discretion to

28  order any cost assessed under this section be increased up to,

29  but not exceeding, $500 if the severity of the crime or the

30  financial resources of the offender justify such an increase.

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                                   SB 502
    34-614-98                                               See HB




  1         (3)  The clerk of the court shall collect and forward,

  2  on a monthly basis, all costs assessed under this section,

  3  less $3 per assessment as a service charge to be retained by

  4  the clerk, to the Department of Legal Affairs for deposit in

  5  the Crime Stoppers Trust Fund, to be used as provided in s.

  6  16.555.

  7         Section 2.  Section 16.555, Florida Statutes, is

  8  amended to read:

  9         16.555  Crime Stoppers Trust Fund; rulemaking.--

10         (1)  As used in this section, the term:

11         (a)  "Department" shall mean the Department of Legal

12  Affairs.

13         (b)  "Units of local government" shall mean the various

14  city and county governments of the state.

15         (c)  "Crime Stoppers" shall mean members of the Florida

16  Association of Crime Stoppers, Incorporated, a Florida

17  Corporation.

18         (2)  The department shall have all the powers necessary

19  or appropriate to carry out the purposes and provisions of

20  this act.

21         (3)  The department shall establish a trust fund for

22  the purpose of grant administration to fund Crime Stoppers and

23  their crime fighting programs within the units of a local

24  government of the state.

25         (4)(a)  The department shall make applications for all

26  federal and state or private grants which meet the purposes of

27  advancing Crime Stoppers in the State of Florida.  Upon

28  securing such grants, the funds shall be deposited in the

29  "Crime Stoppers Trust Fund."

30         (b)  The proceeds of the court cost imposed by s.

31  938.06 shall be deposited in a separate account in the trust

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                                   SB 502
    34-614-98                                               See HB




  1  fund, and within that account the funds shall be designated

  2  according to the judicial circuit in which they were

  3  collected. The funds in this account shall be used as provided

  4  in paragraph (5)(b).

  5         (5)(a)  The department shall then be the disbursing

  6  authority for distribution of funding to units of local

  7  government, upon their application to the department for

  8  funding assistance.

  9         (b)  Funds deposited in the trust fund pursuant to

10  paragraph (4)(b) shall be disbursed as provided in this

11  paragraph.  Any county may apply to the department for a grant

12  from the funds collected in the judicial circuit in which the

13  county is located under s. 938.06.  A grant may be awarded

14  only to counties which are served by an official member of the

15  Florida Association of Crime Stoppers, and may only be used to

16  support Crime Stoppers and their crime fighting programs.

17  Only one such official member shall be eligible for support

18  within any county.  In order to aid the department in

19  determining eligibility, the secretary of the Florida

20  Association of Crime Stoppers shall furnish the department

21  with a schedule of authorized crime stoppers programs and

22  shall update the schedule as necessary.  The department shall

23  award grants to eligible counties from available funds and

24  shall distribute funds as equitably as possible, based on

25  amounts collected within each county, when more than one

26  county is eligible within a judicial circuit.

27         (6)(5)  The department shall adopt and enforce rules to

28  implement the provisions of this act.  Such rules shall

29  include, but shall not be limited to:

30         (a)  Criteria for local governments to apply for

31  funding from the "Crime Stoppers Trust Fund" in order to aid

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                                   SB 502
    34-614-98                                               See HB




  1  in their local law enforcement as provided in this section

  2  agency.

  3         (b)  The limits of funding to be distributed to local

  4  government units based on a pro rata share of grants made

  5  available through the "Crime Stoppers Trust Fund." pursuant to

  6  paragraph (4)(a), and criteria for the equitable distribution

  7  of funds available pursuant to paragraph (4)(b).

  8         (c)  Provisions for the return of unused funds to be

  9  redeposited in the "Crime Stoppers Trust Fund" if for any

10  reason the unit of local government does not use the funds as

11  intended within an agreed upon time.

12         (d)  Provisions for the coordination with appropriate

13  governmental agencies to support and enhance efforts to train

14  the public in crime prevention methods and in personal safety

15  principles, especially for citizens who live in, work at, or

16  frequent locations having high crime rates.

17         Section 3.  This act shall take effect July 1 of the

18  year in which enacted.

19

20            *****************************************

21                          HOUSE SUMMARY

22
      Imposes an additional $20 court cost on fines for
23    criminal offenses in county and circuit courts.
      Authorizes the courts to increase the amount under
24    certain conditions. Provides for deposit of proceeds of
      the court cost in the Crime Stoppers Trust Fund, and
25    provides for distribution of such funds by the Department
      of Legal Affairs to counties to support official Crime
26    Stoppers and their programs.

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