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A bill to be entitled

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An act relating to community service for infractions of

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noncriminal traffic offenses; creating s. 318.185, F.S.;

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requiring a court to allow a person to satisfy a civil

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penalty for an infraction of a noncriminal traffic offense

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by participating in community service if the person is

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unable to pay the civil penalty due to a demonstrable

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financial hardship; authorizing a court to allow a person

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to participate in community service even if the person

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does not demonstrate financial hardship; providing that a

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person participating in community service shall receive

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credit for the civil penalty at the specified hourly

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credit rate per hour of community service performed or at

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the prevailing wage rate for a trade or profession;

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defining the term "specified hourly credit rate";

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providing responsibilities for community service agencies;

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prohibiting the imprisonment of a person who defaults on

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the payment of a civil penalty because the person does not

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have the ability to pay the civil penalty; defining the

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terms "community service" and "community service agency";

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providing an effective date.

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Be It Enacted by the Legislature of the State of Florida:

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     Section 1.  Section 318.185, Florida Statutes, is created to

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read:

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     318.185 Civil penalties for noncriminal traffic

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infractions; inability to pay; community service.--

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     (1)(a) If a person has been ordered to pay a civil penalty

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for a noncriminal traffic infraction and the person is unable to

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comply with the court's order due to demonstrable financial

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hardship, the court shall allow the person to satisfy the civil

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penalty by participating in community service until the civil

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penalty is paid.

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     (b) If a person has been ordered to pay a civil penalty for

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a noncriminal traffic infraction but cannot demonstrate financial

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hardship, a person may also, at the discretion of the court, be

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authorized to satisfy the civil penalty by participating in

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community service until the civil penalty is paid.

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     (2)(a) If a court orders a person to perform community

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service, the person shall receive credit for the civil penalty at

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the specified hourly credit rate per hour of community service

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performed, and each hour of community service performed shall

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reduce the civil penalty by that amount.

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     (b) As used in this subsection, the term "specified hourly

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credit rate" means the wage rate that is specified in 29 U.S.C.

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206(a)(1) under the federal Fair Labor Standards Act of 1938,

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that then is in effect, and that an employer subject to that

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provision must pay per hour to each employee who is subject to

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that provision.

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     (c) However, if a person ordered to perform community

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service has a trade or profession for which there is a community

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service need, the specified hourly credit rate for each hour of

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community service performed by that person shall be the average

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prevailing wage rate for the trade or profession that the

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community service agency needs.

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     (3)(a) The community service agency supervising the person

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shall record the number of hours of community service completed

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and the date the community service hours were completed. The

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community service agency shall submit the data to the clerk of

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court on the letterhead of the community service agency, which

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must also bear the signature of the person designated to

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represent the community service agency.

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     (b) When the number of community service hours completed by

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the person equals the amount of the civil penalty, the clerk of

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court shall certify this fact to the court. Thereafter, the clerk

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of court shall record in the case file that the civil penalty has

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been paid in full.

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     (4) A person ordered to pay a civil penalty for a

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noncriminal traffic infraction may not be imprisoned for

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defaulting on payment of the civil penalty if the person does not

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have the ability to pay the civil penalty. Furthermore,

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notwithstanding any other law, a person's driver's license may

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not be suspended for failing to pay the civil penalty without a

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finding that the person has the ability to pay the civil penalty.

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     (5) As used in this section, the term:

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     (a) "Community service" means uncompensated labor for a

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community service agency.

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     (b) "Community service agency" means a not-for-profit

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corporation, community organization, charitable organization,

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public officer, the state or any political subdivision of the

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state, or any other body the purpose of which is to improve the

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quality of life or social welfare of the community and which

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agrees to accept community service from persons unable to pay

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civil penalties for noncriminal traffic infractions.

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     Section 2.  This act shall take effect July 1, 2008.