1 | A bill to be entitled |
2 | An act relating to community service for infractions of |
3 | noncriminal traffic offenses; creating s. 318.185, F.S.; |
4 | requiring a court to allow a person to satisfy a civil |
5 | penalty for an infraction of a noncriminal traffic offense |
6 | by participating in community service if the person is |
7 | unable to pay the civil penalty due to a demonstrable |
8 | financial hardship; authorizing a court to allow a person |
9 | to participate in community service even if the person |
10 | does not demonstrate financial hardship; providing that a |
11 | person participating in community service shall receive |
12 | credit for the civil penalty at the specified hourly |
13 | credit rate per hour of community service performed or at |
14 | the prevailing wage rate for a trade or profession; |
15 | defining the term "specified hourly credit rate"; |
16 | providing responsibilities for community service agencies; |
17 | prohibiting the imprisonment of a person who defaults on |
18 | the payment of a civil penalty because the person does not |
19 | have the ability to pay the civil penalty; defining the |
20 | terms "community service" and "community service agency"; |
21 | providing an effective date. |
22 |
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23 | Be It Enacted by the Legislature of the State of Florida: |
24 |
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25 | Section 1. Section 318.185, Florida Statutes, is created |
26 | to read: |
27 | 318.185 Civil penalties for noncriminal traffic |
28 | infractions; inability to pay; community service.-- |
29 | (1)(a) If a person has been ordered to pay a civil penalty |
30 | for a noncriminal traffic infraction and the person is unable to |
31 | comply with the court's order due to demonstrable financial |
32 | hardship, the court shall allow the person to satisfy the civil |
33 | penalty by participating in community service until the civil |
34 | penalty is paid. |
35 | (b) If a person has been ordered to pay a civil penalty |
36 | for a noncriminal traffic infraction but cannot demonstrate |
37 | financial hardship, a person may also, at the discretion of the |
38 | court, be authorized to satisfy the civil penalty by |
39 | participating in community service until the civil penalty is |
40 | paid. |
41 | (2)(a) If a court orders a person to perform community |
42 | service, the person shall receive credit for the civil penalty |
43 | at the specified hourly credit rate per hour of community |
44 | service performed, and each hour of community service performed |
45 | shall reduce the civil penalty by that amount. |
46 | (b) As used in this subsection, the term "specified hourly |
47 | credit rate" means the wage rate that is specified in 29 U.S.C. |
48 | 206(a)(1) under the federal Fair Labor Standards Act of 1938, |
49 | that then is in effect, and that an employer subject to that |
50 | provision must pay per hour to each employee who is subject to |
51 | that provision. |
52 | (c) However, if a person ordered to perform community |
53 | service has a trade or profession for which there is a community |
54 | service need, the specified hourly credit rate for each hour of |
55 | community service performed by that person shall be the average |
56 | prevailing wage rate for the trade or profession that the |
57 | community service agency needs. |
58 | (3)(a) The community service agency supervising the person |
59 | shall record the number of hours of community service completed |
60 | and the date the community service hours were completed. The |
61 | community service agency shall submit the data to the clerk of |
62 | court on the letterhead of the community service agency, which |
63 | must also bear the signature of the person designated to |
64 | represent the community service agency. |
65 | (b) When the number of community service hours completed |
66 | by the person equals the amount of the civil penalty, the clerk |
67 | of court shall certify this fact to the court. Thereafter, the |
68 | clerk of court shall record in the case file that the civil |
69 | penalty has been paid in full. |
70 | (4) A person ordered to pay a civil penalty for a |
71 | noncriminal traffic infraction may not be imprisoned for |
72 | defaulting on payment of the civil penalty if the person does |
73 | not have the ability to pay the civil penalty. Furthermore, |
74 | notwithstanding any other law, a person's driver's license may |
75 | not be suspended for failing to pay the civil penalty without a |
76 | finding that the person has the ability to pay the civil |
77 | penalty. |
78 | (5) As used in this section, the term: |
79 | (a) "Community service" means uncompensated labor for a |
80 | community service agency. |
81 | (b) "Community service agency" means a not-for-profit |
82 | corporation, community organization, charitable organization, |
83 | public officer, the state or any political subdivision of the |
84 | state, or any other body the purpose of which is to improve the |
85 | quality of life or social welfare of the community and which |
86 | agrees to accept community service from persons unable to pay |
87 | civil penalties for noncriminal traffic infractions. |
88 | Section 2. This act shall take effect July 1, 2008. |