| 1 | The Committee on Judiciary recommends the following: |
| 2 |
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| 3 | Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 | A bill to be entitled |
| 6 | An act relating to county delinquency prevention; amending |
| 7 | s. 938.17, F.S.; authorizing a board of county |
| 8 | commissioners to adopt an ordinance that incorporates the |
| 9 | provisions of the act; providing funding for a teen court |
| 10 | through the assessment of an additional court cost against |
| 11 | each person who pleads guilty or nolo contendere to, or is |
| 12 | convicted of, a violation of a criminal law, an ordinance, |
| 13 | or a traffic offense in the county; specifying the maximum |
| 14 | amount of such assessment; providing for administration by |
| 15 | the clerk of the circuit court; authorizing the clerk of |
| 16 | the court to retain a specified percentage of the |
| 17 | assessments collected as income to the clerk of the court; |
| 18 | requiring the teen court to account for all funds |
| 19 | deposited into the teen court account; requiring a report |
| 20 | to the board of county commissioners by a specified date; |
| 21 | authorizing specified organizations to operate and |
| 22 | administer a teen court program; providing an effective |
| 23 | date. |
| 24 |
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| 25 | Be It Enacted by the Legislature of the State of Florida: |
| 26 |
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| 27 | Section 1. Section 938.17, Florida Statutes, is amended to |
| 28 | read: |
| 29 | 938.17 County delinquency prevention.-- |
| 30 | (1) JUVENILE ASSESSMENT CENTERS AND SCHOOL BOARD |
| 31 | SUSPENSION PROGRAMS.-- |
| 32 | (a)(1) A county may adopt a mandatory cost to be assessed |
| 33 | in specific cases by incorporating by reference the provisions |
| 34 | of this subsection section in a county ordinance. Prior to the |
| 35 | adoption of the county ordinance, the sheriff's office of the |
| 36 | county must be a partner in a written agreement with the |
| 37 | Department of Juvenile Justice to participate in a juvenile |
| 38 | assessment center or with the district school board to |
| 39 | participate in a suspension program. |
| 40 | (b)(2) In counties in which the sheriff's office is a |
| 41 | partner in a juvenile assessment center under pursuant to s. |
| 42 | 985.209, or a partner in a suspension program developed in |
| 43 | conjunction with the district school board in the county of the |
| 44 | sheriff's jurisdiction, the court shall assess court costs of $3 |
| 45 | per case, in addition to any other authorized cost or fine, on |
| 46 | every person who, with respect to a charge, indictment, |
| 47 | prosecution commenced, or petition of delinquency filed in that |
| 48 | county or circuit, pleads guilty, nolo contendere to, or is |
| 49 | convicted of, or adjudicated delinquent for, or has an |
| 50 | adjudication withheld for, a felony or misdemeanor, or a |
| 51 | criminal traffic offense or handicapped parking violation under |
| 52 | state law, or a violation of any municipal or county ordinance, |
| 53 | if the violation constitutes a misdemeanor under state law. |
| 54 | (c)1.(3)(a) The clerks of the county and circuit court, in |
| 55 | a county where the sheriff's office is a partner in an |
| 56 | assessment center or suspension program as specified in |
| 57 | paragraph (a) subsection (1), shall collect and deposit the |
| 58 | assessments collected under pursuant to this subsection section |
| 59 | in an appropriate, designated account established by the clerk |
| 60 | of the court, for disbursement to the sheriff as needed for the |
| 61 | implementation and operation of an assessment center or |
| 62 | suspension program. |
| 63 | 2.(b) The clerk of the circuit and county court shall |
| 64 | withhold 5 percent of the assessments each court collects under |
| 65 | pursuant to this subsection section, for the costs of |
| 66 | administering the collection of assessments under this section. |
| 67 | 3.(c) Assessments collected by clerks of the circuit |
| 68 | courts comprised of more than one county shall remit the funds |
| 69 | collected under pursuant to this subsection section to the |
| 70 | county in which the offense at issue was committed for deposit |
| 71 | and disbursement according to this subsection section. |
| 72 | 4.(d) Any other funds the sheriff's office obtains for the |
| 73 | implementation or operation of an assessment center or |
| 74 | suspension program may be deposited into the designated account |
| 75 | for disbursement to the sheriff as needed. |
| 76 | (d)(4) A sheriff's office that receives the cost |
| 77 | assessments established in paragraph (a) subsection (1) shall |
| 78 | account for all funds that have been deposited into the |
| 79 | designated account by August 1 annually in a written report to |
| 80 | the juvenile justice county council if funds are used for |
| 81 | assessment centers, and to the district school board if funds |
| 82 | are used for suspension programs. |
| 83 | (2) TEEN COURTS; OPERATION AND ADMINISTRATION.-- |
| 84 | (a) Notwithstanding s. 318.121, in each county in which a |
| 85 | teen court has been created, the board of county commissioners |
| 86 | may adopt a mandatory cost to be assessed in specific cases by |
| 87 | incorporating by reference the provisions of this subsection in |
| 88 | a county ordinance. Assessments collected by the clerk of the |
| 89 | circuit court under this subsection shall be deposited into an |
| 90 | account specifically for the operation and administration of the |
| 91 | teen court. |
| 92 | (b) A sum of up to $3 shall be assessed as a court cost in |
| 93 | the circuit and county court in the county against each person |
| 94 | who pleads guilty or nolo contendere to, or is convicted of, |
| 95 | regardless of adjudication, a violation of a criminal law or a |
| 96 | municipal ordinance or county ordinance or who pays a fine or |
| 97 | civil penalty for any violation of chapter 316. Any person whose |
| 98 | adjudication is withheld under s. 318.14(9) or (10) shall also |
| 99 | be assessed the cost. |
| 100 | (c) The assessment for court costs shall be assessed in |
| 101 | addition to any fine or civil penalty or other court cost and |
| 102 | may not be deducted from the proceeds of that portion of any |
| 103 | fine or civil penalty which is received by a municipality in the |
| 104 | county or by the county in accordance with ss. 316.660 and |
| 105 | 318.21. The assessment shall be specifically added to any civil |
| 106 | penalty paid for a violation of chapter 316, regardless of |
| 107 | whether the penalty is paid by mail, paid in person without |
| 108 | request for a hearing, or paid after hearing and determination |
| 109 | by the court. However, the assessment may not be made against a |
| 110 | person for a violation of any state law, county ordinance, or |
| 111 | municipal ordinance relating to the parking of vehicles, with |
| 112 | the exception of a violation of the handicapped parking laws. |
| 113 | (d)1. The clerk of the circuit court shall collect the |
| 114 | assessments for court costs established in this subsection and |
| 115 | shall remit the assessments to the teen court monthly. |
| 116 | 2. The clerk of the circuit court shall withhold 5 percent |
| 117 | of the assessments collected, which shall be retained as fee |
| 118 | income of the office of the clerk of the circuit court. |
| 119 | (e) A teen court that receives the cost assessments |
| 120 | established by the adopted county ordinance must account for all |
| 121 | funds that have been deposited into the designated account in a |
| 122 | written report to the board of county commissioners. The report |
| 123 | must be given to the commissioners by August 1 of each year or |
| 124 | by a date required by the commissioners. |
| 125 | (f) A teen court may be administered by a nonprofit |
| 126 | organization, a law enforcement agency, the court administrator, |
| 127 | the clerk of the court, or another similar agency by agreement |
| 128 | with the board of county commissioners. |
| 129 | Section 2. This act shall take effect July 1, 2004. |