October 22, 2020
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946755
  Amendment
Bill No. 1935
Amendment No. 946755
CHAMBER ACTION
Senate House
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1Representative Taylor offered the following:
2
3     Amendment (with title amendment)
4     Between lines 2786 and 2787 insert:
5     Section 63.  Section 938.19, Florida Statutes, is amended
6to read:
7     938.19  Teen courts.--
8     (1)  Notwithstanding s. 318.121, in each county in which a
9teen court has been created, the board of county commissioners
10may adopt a mandatory court cost to be assessed in specific
11cases by incorporating by reference the provisions of this
12section in a county ordinance. Assessments collected by the
13clerk of the circuit court under this section shall be deposited
14into an account specifically for the operation and
15administration of the teen court.
16     (2)  A sum of up to $3 shall be assessed as a court cost in
17the circuit and county court in the county against each person
18who pleads guilty or nolo contendere to, or is convicted of,
19regardless of adjudication, a violation of a criminal law or a
20municipal or county ordinance, or who pays a fine or civil
21penalty for any violation of chapter 316. Any person whose
22adjudication is withheld under s. 318.14(9) or s. 318.14(10)
23shall also be assessed the cost.
24     (3)  The assessment for court costs shall be assessed in
25addition to any fine or civil penalty or other court cost and
26may not be deducted from the proceeds of that portion of any
27fine or civil penalty that is received by a municipality in the
28county or by the county in accordance with ss. 316.660 and
29318.21. The assessment shall be specifically added to any civil
30penalty paid for a violation of chapter 316, regardless of
31whether the penalty is paid by mail, paid in person without
32request for a hearing, or paid after hearing and determination
33by the court. However, the assessment may not be made against a
34person for a violation of any state law or municipal or county
35ordinance relating to the parking of vehicles, with the
36exception of a violation of the handicapped parking laws.
37     (4)(a)  The clerk of the circuit court shall collect the
38assessments for court costs established in this section and
39shall remit the assessments to the teen court monthly.
40     (b)  The clerk of the circuit court shall withhold 5
41percent of the assessments collected, which shall be retained as
42fee income of the office of the clerk of the circuit court.
43     (5)  A teen court must account for all funds received under
44this section in a written report to the board of county
45commissioners. The report must be given to the commissioners by
46August 1 of each year or by a date required by the
47commissioners.
48     (6)  A teen court may be administered by a nonprofit
49organization, a law enforcement agency, the court administrator,
50the clerk of the court, or another similar agency authorized by
51the board of county commissioners.
52     (7)  A teen court administered in a county that adopts an
53ordinance to assess court costs under this section may not
54receive court costs collected under s. 939.185. Counties are
55hereby authorized to fund teen courts.
56     Section 64.  Paragraph (a) of subsection (1) of section
57939.185, Florida Statutes, is amended to read:
58     939.185  Assessment of additional court costs.--
59     (1)(a)  The board of county commissioners may adopt by
60ordinance an additional court cost, not to exceed $65, to be
61imposed by the court when a person pleads guilty or nolo
62contendere to, or is found guilty of, any felony, misdemeanor,
63or criminal traffic offense under the laws of this state. Such
64additional assessment shall be accounted for separately by the
65county in which the offense occurred and be used only in the
66county imposing this cost, to be allocated as follows:
67     1.  Twenty-five percent of the amount collected shall be
68allocated to fund innovations to supplement state funding for
69the elements of the state courts system identified in s. 29.004
70and county funding for local requirements under s.
7129.008(2)(a)2.
72     2.  Twenty-five percent of the amount collected shall be
73allocated to assist counties in providing legal aid programs
74required under s. 29.008(3)(a).
75     3.  Twenty-five percent of the amount collected shall be
76allocated to fund personnel and legal materials for the public
77as part of a law library.
78     4.  Twenty-five percent of the amount collected shall be
79used as determined by the board of county commissioners to
80support teen court programs, except as provided in s. 938.19(7),
81juvenile assessment centers, and other juvenile alternative
82programs.
83
84Each county receiving funds under this section shall report the
85amount of funds collected pursuant to this section and an
86itemized list of expenditures for all authorized programs and
87activities. The report shall be submitted in a format developed
88by the Supreme Court to the Governor, the Chief Financial
89Officer, the President of the Senate, and the Speaker of the
90House of Representatives on a quarterly basis beginning with the
91quarter ending September 30, 2004. Quarterly reports shall be
92submitted no later than 30 days after the end of the quarter.
93Any unspent funds at the close of the county fiscal year
94allocated under subparagraphs 2., 3., and 4., shall be
95transferred for use pursuant to subparagraph 1.
96
97================ T I T L E  A M E N D M E N T =============
98     Remove line 306 and insert:
99Infraction Hearing Officer Program; amending s. 938.19,
100F.S.; authorizing a board of county commissioners to adopt
101an ordinance that incorporates the provisions of the act;
102providing funding for a teen court through the assessment
103of an additional court cost against each person who pleads
104guilty or nolo contendere to, or is convicted of, a
105violation of a criminal law, an ordinance, or a traffic
106offense in the county; providing exceptions; providing for
107administration by the clerk of the circuit court;
108authorizing the clerk of the circuit court to retain a
109specified percentage of the assessments collected;
110requiring the teen court to account for all funds
111received; requiring an annual report to the board of
112county commissioners by a specified date; authorizing
113specified organizations to administer a teen court
114program; prohibiting teen courts in counties adopting an
115ordinance from receiving court costs under s. 939.185,
116F.S.; amending s. 939.185, F.S.; providing an exception
117for teen court funding; providing effective


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