HB 0459CS

CHAMBER ACTION




1The Committee on Judiciary recommends the following:
2
3     Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to county delinquency prevention; amending
7s. 938.17, F.S.; authorizing a board of county
8commissioners to adopt an ordinance that incorporates the
9provisions of the act; providing funding for a teen court
10through the assessment of an additional court cost against
11each person who pleads guilty or nolo contendere to, or is
12convicted of, a violation of a criminal law, an ordinance,
13or a traffic offense in the county; specifying the maximum
14amount of such assessment; providing for administration by
15the clerk of the circuit court; authorizing the clerk of
16the court to retain a specified percentage of the
17assessments collected as income to the clerk of the court;
18requiring the teen court to account for all funds
19deposited into the teen court account; requiring a report
20to the board of county commissioners by a specified date;
21authorizing specified organizations to operate and
22administer a teen court program; providing an effective
23date.
24
25Be It Enacted by the Legislature of the State of Florida:
26
27     Section 1.  Section 938.17, Florida Statutes, is amended to
28read:
29     938.17  County delinquency prevention.--
30     (1)  JUVENILE ASSESSMENT CENTERS AND SCHOOL BOARD
31SUSPENSION PROGRAMS.--
32     (a)(1)  A county may adopt a mandatory cost to be assessed
33in specific cases by incorporating by reference the provisions
34of this subsection section in a county ordinance. Prior to the
35adoption of the county ordinance, the sheriff's office of the
36county must be a partner in a written agreement with the
37Department of Juvenile Justice to participate in a juvenile
38assessment center or with the district school board to
39participate in a suspension program.
40     (b)(2)  In counties in which the sheriff's office is a
41partner in a juvenile assessment center under pursuant to s.
42985.209, or a partner in a suspension program developed in
43conjunction with the district school board in the county of the
44sheriff's jurisdiction, the court shall assess court costs of $3
45per case, in addition to any other authorized cost or fine, on
46every person who, with respect to a charge, indictment,
47prosecution commenced, or petition of delinquency filed in that
48county or circuit, pleads guilty, nolo contendere to, or is
49convicted of, or adjudicated delinquent for, or has an
50adjudication withheld for, a felony or misdemeanor, or a
51criminal traffic offense or handicapped parking violation under
52state law, or a violation of any municipal or county ordinance,
53if the violation constitutes a misdemeanor under state law.
54     (c)1.(3)(a)  The clerks of the county and circuit court, in
55a county where the sheriff's office is a partner in an
56assessment center or suspension program as specified in
57paragraph (a) subsection (1), shall collect and deposit the
58assessments collected under pursuant to this subsection section
59in an appropriate, designated account established by the clerk
60of the court, for disbursement to the sheriff as needed for the
61implementation and operation of an assessment center or
62suspension program.
63     2.(b)  The clerk of the circuit and county court shall
64withhold 5 percent of the assessments each court collects under
65pursuant to this subsection section, for the costs of
66administering the collection of assessments under this section.
67     3.(c)  Assessments collected by clerks of the circuit
68courts comprised of more than one county shall remit the funds
69collected under pursuant to this subsection section to the
70county in which the offense at issue was committed for deposit
71and disbursement according to this subsection section.
72     4.(d)  Any other funds the sheriff's office obtains for the
73implementation or operation of an assessment center or
74suspension program may be deposited into the designated account
75for disbursement to the sheriff as needed.
76     (d)(4)  A sheriff's office that receives the cost
77assessments established in paragraph (a) subsection (1) shall
78account for all funds that have been deposited into the
79designated account by August 1 annually in a written report to
80the juvenile justice county council if funds are used for
81assessment centers, and to the district school board if funds
82are used for suspension programs.
83     (2)  TEEN COURTS; OPERATION AND ADMINISTRATION.--
84     (a)  Notwithstanding s. 318.121, in each county in which a
85teen court has been created, the board of county commissioners
86may adopt a mandatory cost to be assessed in specific cases by
87incorporating by reference the provisions of this subsection in
88a county ordinance. Assessments collected by the clerk of the
89circuit court under this subsection shall be deposited into an
90account specifically for the operation and administration of the
91teen court.
92     (b)  A sum of up to $3 shall be assessed as a court cost in
93the circuit and county court in the county against each person
94who pleads guilty or nolo contendere to, or is convicted of,
95regardless of adjudication, a violation of a criminal law or a
96municipal ordinance or county ordinance or who pays a fine or
97civil penalty for any violation of chapter 316. Any person whose
98adjudication is withheld under s. 318.14(9) or (10) shall also
99be assessed the cost.
100     (c)  The assessment for court costs shall be assessed in
101addition to any fine or civil penalty or other court cost and
102may not be deducted from the proceeds of that portion of any
103fine or civil penalty which is received by a municipality in the
104county or by the county in accordance with ss. 316.660 and
105318.21. The assessment shall be specifically added to any civil
106penalty paid for a violation of chapter 316, regardless of
107whether the penalty is paid by mail, paid in person without
108request for a hearing, or paid after hearing and determination
109by the court. However, the assessment may not be made against a
110person for a violation of any state law, county ordinance, or
111municipal ordinance relating to the parking of vehicles, with
112the exception of a violation of the handicapped parking laws.
113     (d)1.  The clerk of the circuit court shall collect the
114assessments for court costs established in this subsection and
115shall remit the assessments to the teen court monthly.
116     2.  The clerk of the circuit court shall withhold 5 percent
117of the assessments collected, which shall be retained as fee
118income of the office of the clerk of the circuit court.
119     (e)  A teen court that receives the cost assessments
120established by the adopted county ordinance must account for all
121funds that have been deposited into the designated account in a
122written report to the board of county commissioners. The report
123must be given to the commissioners by August 1 of each year or
124by a date required by the commissioners.
125     (f)  A teen court may be administered by a nonprofit
126organization, a law enforcement agency, the court administrator,
127the clerk of the court, or another similar agency by agreement
128with the board of county commissioners.
129     Section 2.  This act shall take effect July 1, 2004.


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