| 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. |