CS/HB 869

1	A bill to be entitled
2	An act relating to court costs; amending s. 938.01, F.S.;
3	increasing the court cost assessed against any person
4	convicted of violating a state penal or criminal statute
5	or convicted of violating a municipal or county ordinance;
6	deleting requirement that a person whose adjudication is
7	withheld under specified provisions is also liable for
8	such costs; increasing the amount deducted from every bond
9	estreature or forfeited bail bond related to such penal
10	statutes or ordinances which is remitted to the Department
11	of Revenue; revising the allocation of funds received from
12	the court costs and distributed to the Department of Law
13	Enforcement Criminal Justice Standards and Training Trust
14	Fund, the Department of Law Enforcement Operating Trust
15	Fund for the Criminal Justice Grant Program, and the
16	Department of Children and Family Services Domestic
17	Violence Trust Fund for the domestic violence program;
18	amending s. 938.30, F.S.; requiring defendants to pay all
19	outstanding criminal costs and fines prior to the court
20	entering an order to seal or expunge criminal history
21	records unless the court makes specified written findings;
22	amending s. 318.18, F.S., relating to civil penalties for
23	noncriminal traffic and boating infractions; conforming
24	provisions to changes made by the act; providing that a
25	person whose adjudication is withheld under specified
26	provisions is liable for a specified court cost; providing
27	an effective date.
28
29	Be It Enacted by the Legislature of the State of Florida:
30
31	Section 1.  Subsection (1) of section 938.01, Florida
32	Statutes, is amended to read:
33	938.01  Additional Court Cost Clearing Trust Fund.--
34	(1)  All courts created by Art. V of the State Constitution
35	shall, in addition to any fine or other penalty, require every
36	person convicted for violation of a state penal or criminal
37	statute or convicted for violation of a municipal or county
38	ordinance to pay $5 $3 as a court cost. Any person whose
39	adjudication is withheld pursuant to the provisions of s.
40	318.14(9) or (10) shall also be liable for payment of such cost.
41	In addition, $5 $3 from every bond estreature or forfeited bail
42	bond related to such penal statutes or penal ordinances shall be
43	remitted to the Department of Revenue as described in this
44	subsection. However, no such assessment may be made against any
45	person convicted for violation of any state statute, municipal
46	ordinance, or county ordinance relating to the parking of
47	vehicles.
48	(a)  All costs collected by the courts pursuant to this
49	subsection shall be remitted to the Department of Revenue in
50	accordance with administrative rules adopted by the executive
51	director of the Department of Revenue for deposit in the
52	Additional Court Cost Clearing Trust Fund.
53	1.  Except as provided in subparagraph 2., these funds and
54	the funds deposited in the Additional Court Cost Clearing Trust
55	Fund pursuant to s. 318.21(2)(c) shall be distributed as
56	follows:
57	a.1.  Ninety-five and two-tenths Ninety-two percent to the
58	Department of Law Enforcement Criminal Justice Standards and
59	Training Trust Fund.
60	b.2.  Three and seventy-eight one-hundredths Six and three-
61	tenths percent to the Department of Law Enforcement Operating
62	Trust Fund for the Criminal Justice Grant Program.
63	c.3.  One and two one-hundredths and seven-tenths percent
64	to the Department of Children and Family Services Domestic
65	Violence Trust Fund for the domestic violence program pursuant
66	to s. 39.903(3).
67	2.  Notwithstanding subparagraph 1., the funds deposited in
68	the Additional Court Cost Clearing Trust Fund pursuant to s.
69	318.21(2)(c) shall be distributed as follows:
70	a.  Ninety-two percent to the Department of Law Enforcement
71	Criminal Justice Standards and Training Trust Fund.
72	b.  Six and three-tenths percent to the Department of Law
73	Enforcement Operating Trust Fund for the Criminal Justice Grant
74	Program.
75	c.  One and seven-tenths percent to the Department of
76	Children and Family Services Domestic Violence Trust Fund for
77	the domestic violence program pursuant to s. 39.903(3).
78	(b)  All funds in the Department of Law Enforcement
79	Criminal Justice Standards and Training Trust Fund shall be
80	disbursed only in compliance with s. 943.25(9).
81	Section 2.  Present subsection (12) of section 938.30,
82	Florida Statutes, is redesignated as subsection (13), and a new
83	subsection (12) is added to that section to read:
84	938.30  Financial obligations in criminal cases;
85	supplementary proceedings.--
86	(12)  The court may not enter an order sealing or expunging
87	criminal history records under court rule, s. 943.0585, or s.
88	943.059 until the person has paid all outstanding criminal costs
89	and fines assessed against the moving party, unless the court
90	makes written findings about the appropriateness of sealing or
91	expunging despite the outstanding costs and fines.
92	Section 3.  Paragraph (d) of subsection (11) of section
93	318.18, Florida Statutes, is amended to read:
94	318.18  Amount of penalties.--The penalties required for a
95	noncriminal disposition pursuant to s. 318.14 or a criminal
96	offense listed in s. 318.17 are as follows:
97	(11)
98	(d)  In addition to the court cost required under paragraph
99	(a), a $3 court cost must be paid for each noncriminal
100	infraction as provided in s. 318.14, and a $5 court cost must be
101	paid for each criminal offense listed in s. 318.17 to be
102	distributed as provided in s. 938.01. Any person whose
103	adjudication is withheld pursuant to the provisions of s.
104	318.14(9) or (10) shall also be liable for payment of the
105	additional $3 court cost. and A $2 court cost as provided in s.
106	938.15 must be paid for each infraction when assessed by a
107	municipality or county.
108	Section 4.  This act shall take effect July 1, 2008.

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