HB 1509

1
A bill to be entitled
2An act relating to community service for infractions of
3noncriminal traffic offenses; creating s. 318.185, F.S.;
4requiring a court to allow a person to satisfy a civil
5penalty for an infraction of a noncriminal traffic offense
6by participating in community service if the person is
7unable to pay the civil penalty due to a demonstrable
8financial hardship; authorizing a court to allow a person
9to participate in community service even if the person
10does not demonstrate financial hardship; providing that a
11person participating in community service shall receive
12credit for the civil penalty at the specified hourly
13credit rate per hour of community service performed or at
14the prevailing wage rate for a trade or profession;
15defining the term "specified hourly credit rate";
16providing responsibilities for community service agencies;
17prohibiting the imprisonment of a person who defaults on
18the payment of a civil penalty because the person does not
19have the ability to pay the civil penalty; defining the
20terms "community service" and "community service agency";
21providing an effective date.
22
23Be It Enacted by the Legislature of the State of Florida:
24
25     Section 1.  Section 318.185, Florida Statutes, is created
26to read:
27     318.185  Civil penalties for noncriminal traffic
28infractions; inability to pay; community service.--
29     (1)(a)  If a person has been ordered to pay a civil penalty
30for a noncriminal traffic infraction and the person is unable to
31comply with the court's order due to demonstrable financial
32hardship, the court shall allow the person to satisfy the civil
33penalty by participating in community service until the civil
34penalty is paid.
35     (b)  If a person has been ordered to pay a civil penalty
36for a noncriminal traffic infraction but cannot demonstrate
37financial hardship, a person may also, at the discretion of the
38court, be authorized to satisfy the civil penalty by
39participating in community service until the civil penalty is
40paid.
41     (2)(a)  If a court orders a person to perform community
42service, the person shall receive credit for the civil penalty
43at the specified hourly credit rate per hour of community
44service performed, and each hour of community service performed
45shall reduce the civil penalty by that amount.
46     (b)  As used in this subsection, the term "specified hourly
47credit rate" means the wage rate that is specified in 29 U.S.C.
48206(a)(1) under the federal Fair Labor Standards Act of 1938,
49that then is in effect, and that an employer subject to that
50provision must pay per hour to each employee who is subject to
51that provision.
52     (c)  However, if a person ordered to perform community
53service has a trade or profession for which there is a community
54service need, the specified hourly credit rate for each hour of
55community service performed by that person shall be the average
56prevailing wage rate for the trade or profession that the
57community service agency needs.
58     (3)(a)  The community service agency supervising the person
59shall record the number of hours of community service completed
60and the date the community service hours were completed. The
61community service agency shall submit the data to the clerk of
62court on the letterhead of the community service agency, which
63must also bear the signature of the person designated to
64represent the community service agency.
65     (b)  When the number of community service hours completed
66by the person equals the amount of the civil penalty, the clerk
67of court shall certify this fact to the court. Thereafter, the
68clerk of court shall record in the case file that the civil
69penalty has been paid in full.
70     (4)  A person ordered to pay a civil penalty for a
71noncriminal traffic infraction may not be imprisoned for
72defaulting on payment of the civil penalty if the person does
73not have the ability to pay the civil penalty. Furthermore,
74notwithstanding any other law, a person's driver's license may
75not be suspended for failing to pay the civil penalty without a
76finding that the person has the ability to pay the civil
77penalty.
78     (5)  As used in this section, the term:
79     (a)  "Community service" means uncompensated labor for a
80community service agency.
81     (b)  "Community service agency" means a not-for-profit
82corporation, community organization, charitable organization,
83public officer, the state or any political subdivision of the
84state, or any other body the purpose of which is to improve the
85quality of life or social welfare of the community and which
86agrees to accept community service from persons unable to pay
87civil penalties for noncriminal traffic infractions.
88     Section 2.  This act shall take effect July 1, 2008.


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