| 1 | A bill to be entitled |
| 2 | An act relating to court costs for drug court programs; |
| 3 | creating s. 938.20, F.S.; authorizing counties to provide |
| 4 | by ordinance for funding of drug court programs through |
| 5 | the assessment of an additional mandatory court cost; |
| 6 | providing for the assessment to be imposed against persons |
| 7 | who plead guilty or no contest to, or are convicted of, |
| 8 | certain drug-abuse prevention and control provisions or |
| 9 | certain local ordinances or uniform traffic control laws |
| 10 | involving alcohol or other substance use or abuse; |
| 11 | providing for collection and deposit of the assessment; |
| 12 | providing for administration of the funds; providing an |
| 13 | effective date. |
| 14 |
|
| 15 | Be It Enacted by the Legislature of the State of Florida: |
| 16 |
|
| 17 | Section 1. Section 938.20, Florida Statutes, is created to |
| 18 | read: |
| 19 | 938.20 Court costs for drug court programs.-- |
| 20 | (1) Each county in which a drug court program has been |
| 21 | established under s. 397.334 may require by ordinance the |
| 22 | assessment of a mandatory cost in the sum of $6 which shall be |
| 23 | assessed by both the circuit court and the county court in the |
| 24 | county against each person who: |
| 25 | (a) Pleads guilty or nolo contendere to, or is convicted |
| 26 | of, regardless of adjudication, a violation of chapter 893; |
| 27 | (b) Pleads guilty or nolo contendere to, or is convicted |
| 28 | of, regardless of adjudication, a violation of a municipal |
| 29 | ordinance or a county ordinance involving the use of alcohol or |
| 30 | other substance use or abuse; or |
| 31 | (c) Pays a fine or civil penalty for any violation of |
| 32 | chapter 316 involving the use of alcohol or other substance use |
| 33 | or abuse. |
| 34 |
|
| 35 | The $6 assessment shall be in addition to any fine, civil |
| 36 | penalty, or other court cost and may not be deducted from the |
| 37 | proceeds of that portion of any fine or civil penalty which is |
| 38 | received by a municipality in the county or by the county in |
| 39 | accordance with ss. 316.660 and 318.21. The $6 assessment shall |
| 40 | specifically be added to any civil penalty paid for a violation |
| 41 | of a provision of chapter 316 involving the use of alcohol or |
| 42 | other substance use or abuse, whether such penalty is paid by |
| 43 | mail, paid in person without request for a hearing, or paid |
| 44 | after a hearing and determination by the court. |
| 45 | (2) The clerk of the circuit court shall collect the $6 |
| 46 | assessment established pursuant to subsection (1) and shall |
| 47 | deposit the assessment monthly into an account specifically |
| 48 | designated for operating and administering the drug court |
| 49 | program within the county, less 5 percent, which shall be |
| 50 | retained as fee income for the office of the clerk of the |
| 51 | circuit court, together with other moneys that become available |
| 52 | for establishing, operating, and administering drug court |
| 53 | programs under state law. |
| 54 | (3) Assessments deposited into an account specifically |
| 55 | designated for operating and administering the drug court |
| 56 | programs within the county shall be administered by the county |
| 57 | under the direction of the advisory committee appointed by the |
| 58 | chief judge in each circuit pursuant to s. 397.334. |
| 59 | Section 2. This act shall take effect upon becoming a law. |