Senate Bill 0502c1

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    Florida Senate - 1998                            CS for SB 502

    By the Committee on Criminal Justice and Senator Gutman





    307-904-98

  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         providing for deposit in the Crime Stoppers

  7         Trust Fund; amending s. 16.555, F.S.; providing

  8         for distribution of such funds in the trust

  9         fund by the Department of Legal Affairs to

10         counties to support official Crime Stoppers and

11         their programs; amending s. 318.18, F.S.;

12         providing exceptions to limitations on court

13         costs; providing an effective date.

14

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

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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 clerk of the court shall collect and forward,

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

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

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

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    Florida Senate - 1998                            CS for SB 502
    307-904-98




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

  2  16.555.

  3         Section 2.  Section 16.555, Florida Statutes, is

  4  amended to read:

  5         16.555  Crime Stoppers Trust Fund; rulemaking.--

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

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

  8  Affairs.

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

10  city and county governments of the state.

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

12  Association of Crime Stoppers, Incorporated, a Florida

13  Corporation.

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

15  or appropriate to carry out the purposes and provisions of

16  this act.

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

18  the purpose of grant administration to fund Crime Stoppers and

19  their crime fighting programs within the units of a local

20  government of the state.

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

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

23  advancing Crime Stoppers in the State of Florida.  Upon

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

25  "Crime Stoppers Trust Fund."

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

27  938.06 shall be deposited in a separate account in the trust

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

29  according to the judicial circuit in which they were

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

31  in paragraph (5)(b).

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    Florida Senate - 1998                            CS for SB 502
    307-904-98




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

  2  authority for distribution of funding to units of local

  3  government, upon their application to the department for

  4  funding assistance.

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

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

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

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

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

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

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

12  support Crime Stoppers and their crime fighting programs.

13  Only one such official member shall be eligible for support

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

15  determining eligibility, the secretary of the Florida

16  Association of Crime Stoppers shall furnish the department

17  with a schedule of authorized crime stoppers programs and

18  shall update the schedule as necessary.  The department shall

19  award grants to eligible counties from available funds and

20  shall distribute funds as equitably as possible, based on

21  amounts collected within each county, when more than one

22  county is eligible within a judicial circuit.

23         (6)(5)  The department shall adopt and enforce rules to

24  implement the provisions of this act.  Such rules shall

25  include, but shall not be limited to:

26         (a)  Criteria for local governments to apply for

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

28  in their local law enforcement as provided in this section

29  agency.

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

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

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    Florida Senate - 1998                            CS for SB 502
    307-904-98




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

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

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

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

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

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

  7  intended within an agreed upon time.

  8         (d)  Provisions for the coordination with appropriate

  9  governmental agencies to support and enhance efforts to train

10  the public in crime prevention methods and in personal safety

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

12  frequent locations having high crime rates.

13         Section 3.  Subsection (11) of section 318.18, Florida

14  Statutes, is amended to read:

15         318.18  Amount of civil penalties.--The penalties

16  required for a noncriminal disposition pursuant to s. 318.14

17  are as follows:

18         (11)(a)  Court costs that which are to be in addition

19  to the stated fine shall be imposed by the court in an amount

20  not less than the following:

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22  For pedestrian infractions................................$ 3.

23  For nonmoving traffic infractions.........................$ 6.

24  For moving traffic infractions............................$10.

25         (b)  In addition to the court cost assessed under

26  paragraph (a), the court shall impose a $3 court cost for each

27  infraction to be distributed as provided in s. 938.01 s.

28  943.25(3) and a $2 court cost as provided in s. 938.15 when

29  assessed by a municipality or county.

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    Florida Senate - 1998                            CS for SB 502
    307-904-98




  1  In no event may court costs imposed under this subsection

  2  exceed $30. However, when the court costs authorized by s.

  3  938.15 are assessed by a municipality or county, the court

  4  costs may total up to $32 in the county and $34 in a

  5  municipality. A regional criminal justice assessment center or

  6  other local criminal justice access and assessment center may

  7  be funded from these court costs.

  8         Section 4.  This act shall take effect July 1 of the

  9  year in which enacted.

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11          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
12                         Senate Bill 502

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14  *    Deletes the provision in the bill which gives the court
         the discretion to order an increase of the crime stoppers
15       court cost to $500, if the severity of the crime or the
         financial resources of the offender justify such an
16       increase.

17  *    Amends section 318.18, F.S., to provide that the court
         shall impose a $2 court cost for a noncriminal traffic
18       infraction when assessed by a municipality or county.
         This $2 court cost goes to fund local law enforcement
19       training.

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