Title: Trust Funds/Termination/Public Defenders Revenue Trust Fund/JAC

Summary: Terminates Public Defenders Revenue Trust Fund within Justice Administrative Commission; provides for disposition of balances in & revenues of trust fund; provides procedures for the termination of trust fund.

Full Text:
An act relating to trust funds; terminating the Public Defenders Revenue Trust Fund within the Justice Administrative Commission; providing for the disposition of balances in and revenues of such trust fund; providing procedures for the termination of the trust fund; repealing s. 27.61, F.S., relating to the Public Defenders Revenue Trust Fund; amending ss. 318.18 and 817.568, F.S.; conforming provisions to changes made by the act; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. (1) The Public Defenders Revenue Trust Fund, FLAIR number-2-059, within the Justice Administrative Commission is terminated. (2) All current balances remaining in, and all revenues of, the trust fund shall be transferred to the Indigent Criminal Defense Trust Fund within the Justice Administrative Commission. (3) The Justice Administrative Commission shall pay any outstanding debts and obligations of the terminated fund as soon as practicable, and the Chief Financial Officer shall close out and remove the terminated fund from various state accounting systems using generally accepted accounting principles concerning warrants out standing, assets, and liabilities. HB 7087 2019 Section 2. Section 27.61, Florida Statutes, is repealed.Section 3. Upon the expiration and reversion of the amendment made to section 318.18, Florida Statutes, pursuant to section of chapter 2018-10, Laws of Florida, paragraph (c) of subsection (19) of section 318.18, Florida Statutes, is amended to read: 318.18 Amount of penalties.-The penalties required for a noncriminal disposition pursuant to s. 318.14 or a criminal offense listed in s. 318.17 are as foll ows: (19) In addition to any penalties imposed, an Article Vassessment of $10 must be paid for all noncriminal moving and nonmoving violations under chapters 316, 320, and 322. The assessment is not revenue for purposes of s. 28.36 and may not be used i nestablishing the budget of the clerk of the court under that section or s. 28.35. Of the funds collected under this subsection: (c) The sum of $1.67 shall be deposited in the Indigent Criminal Defense Trust Fund Public Defenders Revenue Trust Fund for use by the public defenders. Section 4. Upon the expiration and reversion of the amendment made to section 817.568, Florida Statutes, pursuant to section of chapter 2018-10, Laws of Florida, paragraph (b) of subsection (12) of section 817.568, Flori da Statutes, is amended to read: 817.568 Criminal use of personal identification HB 7087 2019 information.-(12) In addition to any sanction imposed when a person pleads guilty or nolo contendere to, or is found guilty of, regardless of adjudication, a violation of this section, the court shall impose a surcharge of $1,001. (b) The sum of $250 of the surcharge shall be deposited into the State Attorneys Revenue Trust Fund for the purpose of funding prosecutions of offenses relating to the criminal use of personal identification information. The sum of $250 of the surcharge shall be deposited into the Indigent Criminal Defense Trust Fund Public Defenders Revenue Trust Fund for the purposes of indigent criminal defense related to the criminal use of personal identifi cation information. Section 5. This act shall take effect July 1, 2019.