| 1 | The Juvenile Justice Committee recommends the following: |
| 2 |
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| 3 | Council/Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 | A bill to be entitled |
| 6 | An act relating to teen courts; amending s. 938.19, F.S.; |
| 7 | authorizing a board of county commissioners to adopt an |
| 8 | ordinance that incorporates the provisions of the act; |
| 9 | providing funding for a teen court through the assessment |
| 10 | of an additional court cost against each person who pleads |
| 11 | guilty or nolo contendere to, or is convicted of, a |
| 12 | violation of a criminal law, an ordinance, or a traffic |
| 13 | offense in the county; providing exceptions; providing for |
| 14 | administration by the clerk of the circuit court; |
| 15 | authorizing the clerk of the circuit court to retain a |
| 16 | specified percentage of the assessments collected; |
| 17 | requiring the teen court to account for all funds |
| 18 | received; requiring an annual report to the board of |
| 19 | county commissioners by a specified date; authorizing |
| 20 | specified organizations to administer a teen court |
| 21 | program; prohibiting teen courts in counties adopting an |
| 22 | ordinance from receiving court costs under s. 939.185, |
| 23 | F.S.; amending s. 939.185, F.S.; providing an exception |
| 24 | for teen court funding; providing an effective date. |
| 25 |
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| 26 | Be It Enacted by the Legislature of the State of Florida: |
| 27 |
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| 28 | Section 1. Section 938.19, Florida Statutes, is amended to |
| 29 | read: |
| 30 | 938.19 Teen courts.-- |
| 31 | (1) Notwithstanding s. 318.121, in each county in which a |
| 32 | teen court has been created, the board of county commissioners |
| 33 | may adopt a mandatory court cost to be assessed in specific |
| 34 | cases by incorporating by reference the provisions of this |
| 35 | section in a county ordinance. Assessments collected by the |
| 36 | clerk of the circuit court under this section shall be deposited |
| 37 | into an account specifically for the operation and |
| 38 | administration of the teen court. |
| 39 | (2) A sum of up to $3 shall be assessed as a court cost in |
| 40 | the circuit and county court in the county against each person |
| 41 | who pleads guilty or nolo contendere to, or is convicted of, |
| 42 | regardless of adjudication, a violation of a criminal law or a |
| 43 | municipal or county ordinance, or who pays a fine or civil |
| 44 | penalty for any violation of chapter 316. Any person whose |
| 45 | adjudication is withheld under s. 318.14(9) or s. 318.14(10) |
| 46 | shall also be assessed the cost. |
| 47 | (3) The assessment for court costs shall be assessed in |
| 48 | addition to any fine or civil penalty or other court cost and |
| 49 | may not be deducted from the proceeds of that portion of any |
| 50 | fine or civil penalty that is received by a municipality in the |
| 51 | county or by the county in accordance with ss. 316.660 and |
| 52 | 318.21. The assessment shall be specifically added to any civil |
| 53 | penalty paid for a violation of chapter 316, regardless of |
| 54 | whether the penalty is paid by mail, paid in person without |
| 55 | request for a hearing, or paid after hearing and determination |
| 56 | by the court. However, the assessment may not be made against a |
| 57 | person for a violation of any state law or municipal or county |
| 58 | ordinance relating to the parking of vehicles, with the |
| 59 | exception of a violation of the handicapped parking laws. |
| 60 | (4)(a) The clerk of the circuit court shall collect the |
| 61 | assessments for court costs established in this section and |
| 62 | shall remit the assessments to the teen court monthly. |
| 63 | (b) The clerk of the circuit court shall withhold 5 |
| 64 | percent of the assessments collected, which shall be retained as |
| 65 | fee income of the office of the clerk of the circuit court. |
| 66 | (5) A teen court must account for all funds received under |
| 67 | this section in a written report to the board of county |
| 68 | commissioners. The report must be given to the commissioners by |
| 69 | August 1 of each year or by a date required by the |
| 70 | commissioners. |
| 71 | (6) A teen court may be administered by a nonprofit |
| 72 | organization, a law enforcement agency, the court administrator, |
| 73 | the clerk of the court, or another similar agency authorized by |
| 74 | the board of county commissioners. |
| 75 | (7) A teen court administered in a county that adopts an |
| 76 | ordinance to assess court costs under this section may not |
| 77 | receive court costs collected under s. 939.185. Counties are |
| 78 | hereby authorized to fund teen courts. |
| 79 | Section 2. Paragraph (a) of subsection (1) of section |
| 80 | 939.185, Florida Statutes, is amended to read: |
| 81 | 939.185 Assessment of additional court costs.-- |
| 82 | (1)(a) The board of county commissioners may adopt by |
| 83 | ordinance an additional court cost, not to exceed $65, to be |
| 84 | imposed by the court when a person pleads guilty or nolo |
| 85 | contendere to, or is found guilty of, any felony, misdemeanor, |
| 86 | or criminal traffic offense under the laws of this state. Such |
| 87 | additional assessment shall be accounted for separately by the |
| 88 | county in which the offense occurred and be used only in the |
| 89 | county imposing this cost, to be allocated as follows: |
| 90 | 1. Twenty-five percent of the amount collected shall be |
| 91 | allocated to fund innovations to supplement state funding for |
| 92 | the elements of the state courts system identified in s. 29.004 |
| 93 | and county funding for local requirements under s. |
| 94 | 29.008(2)(a)2. |
| 95 | 2. Twenty-five percent of the amount collected shall be |
| 96 | allocated to assist counties in providing legal aid programs |
| 97 | required under s. 29.008(3)(a). |
| 98 | 3. Twenty-five percent of the amount collected shall be |
| 99 | allocated to fund personnel and legal materials for the public |
| 100 | as part of a law library. |
| 101 | 4. Twenty-five percent of the amount collected shall be |
| 102 | used as determined by the board of county commissioners to |
| 103 | support teen court programs, except as provided in s. 938.19(7), |
| 104 | juvenile assessment centers, and other juvenile alternative |
| 105 | programs. |
| 106 |
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| 107 | Each county receiving funds under this section shall report the |
| 108 | amount of funds collected pursuant to this section and an |
| 109 | itemized list of expenditures for all authorized programs and |
| 110 | activities. The report shall be submitted in a format developed |
| 111 | by the Supreme Court to the Governor, the Chief Financial |
| 112 | Officer, the President of the Senate, and the Speaker of the |
| 113 | House of Representatives on a quarterly basis beginning with the |
| 114 | quarter ending September 30, 2004. Quarterly reports shall be |
| 115 | submitted no later than 30 days after the end of the quarter. |
| 116 | Any unspent funds at the close of the county fiscal year |
| 117 | allocated under subparagraphs 2., 3., and 4., shall be |
| 118 | transferred for use pursuant to subparagraph 1. |
| 119 | Section 3. This act shall take effect July 1, 2005. |