| 1 | A bill to be entitled |
| 2 | An act relating to teen courts; amending s. 938.17, F.S.; |
| 3 | authorizing a board of county commissioners to adopt an |
| 4 | ordinance that incorporates the provisions of the act; |
| 5 | providing funding for a teen court through the assessment |
| 6 | of an additional court cost against each person who pleads |
| 7 | guilty or nolo contendere to, or is convicted of, a |
| 8 | violation of a criminal law, an ordinance, or a traffic |
| 9 | offense in the county; providing exceptions; providing for |
| 10 | administration by the clerk of the circuit court; |
| 11 | authorizing the clerk of the circuit court to retain a |
| 12 | specified percentage of the assessments collected; |
| 13 | requiring the teen court to account for all funds |
| 14 | deposited into the teen court account; requiring a report |
| 15 | to the board of county commissioners by a specified date; |
| 16 | providing for administration of a teen court; providing an |
| 17 | effective date. |
| 18 |
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| 19 | Be It Enacted by the Legislature of the State of Florida: |
| 20 |
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| 21 | Section 1. Section 938.17, Florida Statutes, is amended to |
| 22 | read: |
| 23 | 938.17 County delinquency prevention; juvenile assessment |
| 24 | centers and school board suspension programs; teen courts.-- |
| 25 | (1)(a) Prior to the use of costs received pursuant to s. |
| 26 | 939.185, the sheriff's office of the county must be a partner in |
| 27 | a written agreement with the Department of Juvenile Justice to |
| 28 | participate in a juvenile assessment center or with the district |
| 29 | school board to participate in a suspension program. |
| 30 | (b)(2) Assessments collected by clerks of the circuit |
| 31 | courts comprised of more than one county shall remit the funds |
| 32 | collected pursuant to s. 939.185 to the county in which the |
| 33 | offense at issue was committed for deposit and disbursement. |
| 34 | (c)(3) Any other funds the sheriff's office obtains for |
| 35 | the implementation or operation of an assessment center or |
| 36 | suspension program may be deposited into the designated account |
| 37 | for disbursement to the sheriff as needed. |
| 38 | (d)(4) A sheriff's office that receives proceeds pursuant |
| 39 | to s. 939.185 shall account for all funds annually by August 1 |
| 40 | in a written report to the juvenile justice county council if |
| 41 | funds are used for assessment centers, and to the district |
| 42 | school board if funds are used for suspension programs. |
| 43 | (2)(a) Notwithstanding s. 318.121, in each county in which |
| 44 | a teen court has been created, the board of county commissioners |
| 45 | may adopt a mandatory cost to be assessed in specific cases by |
| 46 | incorporating by reference the provisions of this subsection in |
| 47 | a county ordinance. Assessments collected by the clerk of the |
| 48 | circuit court under this subsection shall be deposited into an |
| 49 | account specifically for the operation and administration of the |
| 50 | teen court. |
| 51 | (b) A sum of $3 shall be assessed as a court cost in the |
| 52 | circuit and county court in the county against each person who |
| 53 | pleads guilty or nolo contendere to, or is convicted of, |
| 54 | regardless of adjudication, a violation of a criminal law or a |
| 55 | municipal ordinance or a county ordinance or who pays a fine or |
| 56 | civil penalty for any violation of chapter 316. Any person whose |
| 57 | adjudication is withheld under s. 318.14(9) or (10) shall also |
| 58 | be assessed the cost. |
| 59 | (c) The $3 assessment shall be assessed in addition to any |
| 60 | fine, civil penalty, or other court cost and may not be deducted |
| 61 | from the proceeds of that portion of any fine or civil penalty |
| 62 | that is received by a municipality in the county or by the |
| 63 | county in accordance with ss. 316.660 and 318.21. The $3 |
| 64 | assessment shall be specifically added to any civil penalty paid |
| 65 | for a violation of chapter 316, regardless of whether the |
| 66 | penalty is paid by mail, paid in person without request for a |
| 67 | hearing, or paid after hearing and determination by the court. |
| 68 | However, the $3 assessment may not be made against a person for |
| 69 | a violation of any state law, county ordinance, or municipal |
| 70 | ordinance relating to the parking of vehicles, with the |
| 71 | exception of a violation of the handicapped parking laws. |
| 72 | (d)1. The clerk of the circuit court shall collect the $3 |
| 73 | assessments for court costs established in this subsection and |
| 74 | shall remit the assessments to the teen court monthly. |
| 75 | 2. The clerk of the circuit court shall withhold 5 percent |
| 76 | of the assessments collected, which shall be retained as fee |
| 77 | income of the office of the clerk of the circuit court. |
| 78 | (e) A teen court that receives the cost assessments |
| 79 | established by the adopted county ordinance must account for all |
| 80 | funds that have been deposited into the designated account in a |
| 81 | written report to the board of county commissioners. The report |
| 82 | must be given to the commissioners by August 1 of each year or |
| 83 | by a date required by the commissioners. |
| 84 | (f) A teen court may be administered by a nonprofit |
| 85 | organization, a law enforcement agency, the court administrator, |
| 86 | the clerk of the court, or another similar agency by agreement |
| 87 | with the board of county commissioners. |
| 88 | Section 2. This act shall take effect July 1, 2005. |