HB 0459 2004
1	A bill to be entitled
2	An act relating to county delinquency prevention; amending
3	s. 938.17, F.S.; authorizing a board of county
4	commissioners to adopt an ordinance that incorporates the
5	provisions of the act; providing funding for a teen court
6	through the assessment of an additional court cost against
7	each person who pleads guilty or nolo contendere to, or is
8	convicted of, a violation of a criminal law, an ordinance,
9	or a traffic offense in the county; providing for
10	administration by the clerk of the circuit court;
11	authorizing the clerk of the court to retain a specified
12	percentage of the assessments collected as income to the
13	clerk of the court; requiring the teen court to account
14	for all funds deposited into the teen court account;
15	requiring a report to the board of county commissioners by
16	a specified date; authorizing specified organizations to
17	operate and administer a teen court program; providing an
18	effective date.
19
20	Be It Enacted by the Legislature of the State of Florida:
21
22	Section 1. Section 938.17, Florida Statutes, is amended to
23	read:
24	938.17 County delinquency prevention.--
25	(1) JUVENILE ASSESSMENT CENTERS AND SCHOOL BOARD
26	SUSPENSION PROGRAMS.--
27	(a)(1)A county may adopt a mandatory cost to be assessed
28	in specific cases by incorporating by reference the provisions
29	of this subsection sectionin a county ordinance. Prior to the
30	adoption of the county ordinance, the sheriff's office of the
31	county must be a partner in a written agreement with the
32	Department of Juvenile Justice to participate in a juvenile
33	assessment center or with the district school board to
34	participate in a suspension program.
35	(b)(2)In counties in which the sheriff's office is a
36	partner in a juvenile assessment center under pursuant tos.
37	985.209, or a partner in a suspension program developed in
38	conjunction with the district school board in the county of the
39	sheriff's jurisdiction, the court shall assess court costs of $3
40	per case, in addition to any other authorized cost or fine, on
41	every person who, with respect to a charge, indictment,
42	prosecution commenced, or petition of delinquency filed in that
43	county or circuit, pleads guilty, nolo contendere to, or is
44	convicted of, or adjudicated delinquent for, or has an
45	adjudication withheld for, a felony or misdemeanor, or a
46	criminal traffic offense or handicapped parking violation under
47	state law, or a violation of any municipal or county ordinance,
48	if the violation constitutes a misdemeanor under state law.
49	(c)1.(3)(a)The clerks of the county and circuit court, in
50	a county where the sheriff's office is a partner in an
51	assessment center or suspension program as specified in
52	paragraph (a) subsection (1), shall collect and deposit the
53	assessments collected under pursuant to this subsection section
54	in an appropriate, designated account established by the clerk
55	of the court, for disbursement to the sheriff as needed for the
56	implementation and operation of an assessment center or
57	suspension program.
58	2.(b)The clerk of the circuit and county court shall
59	withhold 5 percent of the assessments each court collects under
60	pursuant to this subsection section, for the costs of
61	administering the collection of assessments under this section.
62	3.(c)Assessments collected by clerks of the circuit
63	courts comprised of more than one county shall remit the funds
64	collected under pursuant to this subsection sectionto the
65	county in which the offense at issue was committed for deposit
66	and disbursement according to this subsection section.
67	4.(d)Any other funds the sheriff's office obtains for the
68	implementation or operation of an assessment center or
69	suspension program may be deposited into the designated account
70	for disbursement to the sheriff as needed.
71	(d)(4)A sheriff's office that receives the cost
72	assessments established in paragraph (a) subsection (1)shall
73	account for all funds that have been deposited into the
74	designated account by August 1 annually in a written report to
75	the juvenile justice county council if funds are used for
76	assessment centers, and to the district school board if funds
77	are used for suspension programs.
78	(2) TEEN COURTS; OPERATION AND ADMINISTRATION.--
79	(a) Notwithstanding s. 318.121, in each county in which a
80	teen court has been created, the board of county commissioners
81	may adopt a mandatory cost to be assessed in specific cases by
82	incorporating by reference the provisions of this subsection in
83	a county ordinance. Assessments collected by the clerk of the
84	circuit court under this subsection shall be deposited into an
85	account specifically for the operation and administration of the
86	teen court.
87	(b) A sum of $3 shall be assessed as a court cost in the
88	circuit and county court in the county against each person who
89	pleads guilty or nolo contendere to, or is convicted of,
90	regardless of adjudication, a violation of a criminal law or a
91	municipal ordinance or county ordinance or who pays a fine or
92	civil penalty for any violation of chapter 316. Any person whose
93	adjudication is withheld under s. 318.14(9) or (10) shall also
94	be assessed the cost.
95	(c) The $3 assessment for court costs shall be assessed in
96	addition to any fine or civil penalty or other court cost and
97	may not be deducted from the proceeds of that portion of any
98	fine or civil penalty which is received by a municipality in the
99	county or by the county in accordance with ss. 316.660 and
100	318.21. The $3 assessment shall be specifically added to any
101	civil penalty paid for a violation of chapter 316, regardless of
102	whether the penalty is paid by mail, paid in person without
103	request for a hearing, or paid after hearing and determination
104	by the court. However, the $3 assessment may not be made against
105	a person for a violation of any state law, county ordinance, or
106	municipal ordinance relating to the parking of vehicles, with
107	the exception of a violation of the handicapped parking laws.
108	(d)1. The clerk of the circuit court shall collect the $3
109	assessments for court costs established in this subsection and
110	shall remit the assessments to the teen court monthly.
111	2. The clerk of the circuit court shall withhold 5 percent
112	of the assessments collected, which shall be retained as fee
113	income of the office of the clerk of the circuit court.
114	(e) A teen court that receives the cost assessments
115	established by the adopted county ordinance must account for all
116	funds that have been deposited into the designated account in a
117	written report to the board of county commissioners. The report
118	must be given to the commissioners by August 1 of each year or
119	by a date required by the commissioners.
120	(f) A teen court may be administered by a nonprofit
121	organization, a law enforcement agency, the court administrator,
122	the clerk of the court, or another similar agency authorized by
123	the board of county commissioners.
124	Section 2. This act shall take effect July 1, 2004.