HB 0053A 2003
1	A bill to be entitled
2	An act relating to drug court costs; creating s. 938.20,
3	F.S.; providing funding for drug court programs through
4	the assessment of an additional mandatory court cost;
5	providing for the assessment to be imposed by ordinance
6	against persons convicted of a criminal violation, a
7	violation of a municipal or county ordinance, or a traffic
8	violation resulting in payment of a fine or penalty;
9	providing for administration of the funds; providing for
10	construction of the act in pari materia with laws enacted
11	during the 2003 Regular Session of the Legislature;
12	providing an effective date.
13
14	Be It Enacted by the Legislature of the State of Florida:
15
16	Section 1. Section 938.20, Florida Statutes, is created to
17	read:
18	938.20 Court costs for drug court programs.--
19	(1) Notwithstanding s. 318.121, in each county in which a
20	drug court program has been established under s. 397.334, a
21	county may require by ordinance the assessment of a mandatory
22	cost in the sum of $6 which shall be assessed as a court cost by
23	both the circuit court and the county court in the county
24	against every person who pleads guilty or nolo contendere to, or
25	is convicted of, regardless of adjudication, a violation of a
26	state criminal statute, a municipal ordinance, a county
27	ordinance, or any violation of chapter 316 which results in a
28	payment of a fine or civil penalty. Any person whose
29	adjudication is withheld pursuant to s. 318.14(9) or (10) shall
30	be assessed such cost. The $6 assessment for court costs shall
31	be assessed in addition to any fine, civil penalty, or other
32	court cost and may not be deducted from the proceeds of that
33	portion of any fine or civil penalty which is received by a
34	municipality in the county or by the county in accordance with
35	ss. 316.660 and 318.21. The $6 assessment shall specifically be
36	added to any civil penalty paid for a violation of chapter 316,
37	whether such penalty is paid by mail, paid in person without
38	request for a hearing, or paid after a hearing and determination
39	by the court. However, the $6 assessment must not be made
40	against a person for a violation of any state statute, county
41	ordinance, or municipal ordinance relating to the parking of
42	vehicles, with the exception of a violation of the handicapped
43	parking laws. The clerk of the circuit court shall collect the
44	respective $6 assessment for court costs established in this
45	subsection and shall monthly remit the same to an account
46	specifically designated for the operation and administration of
47	the drug court and which is under the authority of the trial
48	court administrator for the respective circuit, less 8 percent,
49	which is to be retained as fee income for the office of the
50	clerk of the circuit court.
51	(2) Assessments collected by the clerk of the court
52	pursuant to this section shall be deposited into an account
53	specifically designated for the operation and administration of
54	the drug court programs within such county, together with other
55	moneys that become available for establishing, operating, and
56	administering drug court programs under state law.
57	(3) Assessments deposited into an account specifically
58	designated for the operation and administration of the drug
59	court programs within such county shall be administered by the
60	trial court administrator for the respective circuit under the
61	direction of the advisory committee appointed by the chief judge
62	in each circuit pursuant to ss. 948.08(7) and 985.306(2).
63	Section 2. If any law amended by this act was also amended
64	by a law enacted at the 2003 Regular Session of the Legislature,
65	such laws shall be construed as if they had been enacted at the
66	same session of the Legislature, and full effect shall be given
67	to each if possible.
68	Section 3. This act shall take effect upon becoming a law.