318.21 Disposition of civil penalties by county courts.—All civil penalties received by a county court pursuant to the provisions of this chapter shall be distributed and paid monthly as follows:
(1) One dollar from every civil penalty shall be remitted to the Department of Revenue for deposit into the Child Welfare Training Trust Fund for child welfare training purposes pursuant to s. 402.40. One dollar from every civil penalty shall be remitted to the Department of Revenue for deposit into the Juvenile Justice Training Trust Fund for juvenile justice purposes pursuant to s. 985.66.
(2) Of the remainder:
(a) Twenty and six-tenths percent shall be remitted to the Department of Revenue for deposit into the General Revenue Fund of the state, except that the first $300,000 shall be deposited into the Grants and Donations Trust Fund in the Justice Administrative Commission for administrative costs, training costs, and costs associated with the implementation and maintenance of Florida foster care citizen review panels in a constitutional charter county as provided for in s. 39.702.
(b) Seven and two-tenths percent shall be remitted to the Department of Revenue for deposit in the Emergency Medical Services Trust Fund for the purposes set forth in s. 401.113.
(c) Five and one-tenth percent shall be remitted to the Department of Revenue for deposit in the Additional Court Cost Clearing Trust Fund established pursuant to s. 938.01 for criminal justice purposes.
(d) Eight and two-tenths percent shall be remitted to the Department of Revenue for deposit in the Brain and Spinal Cord Injury Program Trust Fund for the purposes set forth in s. 381.79.
(e) Two percent shall be remitted to the Department of Revenue for deposit in the Grants and Donations Trust Fund of the Division of Vocational Rehabilitation of the Department of Education.
(f) Five-tenths percent shall be paid to the clerk of the court for administrative costs.
(g)1. If the violation occurred within a special improvement district of the Seminole Indian Tribe or Miccosukee Indian Tribe, 56.4 percent shall be paid to that special improvement district.
2. If the violation occurred within a municipality, 50.8 percent shall be paid to that municipality and 5.6 percent shall be deposited into the fine and forfeiture trust fund established pursuant to s. 142.01.
3. If the violation occurred within the unincorporated area of a county, including the unincorporated areas, if any, of a government created pursuant to s. 6(e), Art. VIII of the State Constitution, that is not within a special improvement district of the Seminole Indian Tribe or Miccosukee Indian Tribe, 56.4 percent shall be deposited into the fine and forfeiture fund established pursuant to s. 142.01.
(3) Moneys paid to a municipality or special improvement district under subparagraph (2)(g)1. must be used to fund local criminal justice training as provided in s. 938.15 when such a program is established by ordinance; to fund a municipal school crossing guard training program; and for any other lawful purpose.
(4) Of the additional fine assessed under s. 318.18(3)(g) for a violation of s. 316.1301, 40 percent must be remitted to the Department of Revenue for deposit in the Grants and Donations Trust Fund of the Division of Blind Services of the Department of Education, and 60 percent must be distributed pursuant to subsections (1) and (2).
(5) Of the additional fine assessed under s. 318.18(3)(g) for a violation of s. 316.1303(1), 60 percent must be remitted to the Department of Revenue for deposit in the Grants and Donations Trust Fund of the Division of Vocational Rehabilitation of the Department of Education, and 40 percent must be distributed pursuant to subsections (1) and (2).
(6) For every violation of s. 316.613 or s. 316.614, $5 will be deducted from the civil penalty assessed under this chapter and remitted to the Department of Revenue for deposit in the Epilepsy Services Trust Fund established under s. 385.207. The remainder must be distributed pursuant to subsections (1) and (2).
(7) For fines assessed under s. 318.18(3) for unlawful speed, the following amounts must be remitted to the Department of Revenue for deposit in the Nongame Wildlife Trust Fund:
For speed exceeding the limit by:Fine:
1-5 mph..........$ 0.00
6-9 mph..........$ 0.25
10-14 mph..........$ 3.00
15-19 mph..........$ 4.00
20-29 mph..........$ 5.00
30 mph and above..........$10.00
The remaining amount must be distributed pursuant to subsections (1) and (2).
(8) Fines and forfeitures received from violations committed within a municipality must be paid monthly to that municipality; fines and forfeitures received from violations committed within a special improvement district created for the Seminole Indian Tribe or Miccosukee Indian Tribe under s. 285.17 must be paid monthly to that special improvement district. These fines and forfeitures must be paid monthly to that municipality or special improvement district in addition to any other fines and forfeitures received by a county court which are required to be paid to that municipality or special improvement district under any other law. If, on February 1, 1972, any chartered county court that has countywide jurisdiction was trying traffic offenses committed within a municipality in that county, two-thirds of the fines and forfeitures received as a result of violations of this chapter, or of any ordinances adopting matter covered by this chapter, committed within a municipality must be paid and distributed to the municipality, and the remainder must be paid into the fine and forfeiture fund established pursuant to s. 142.01, except as otherwise provided in subsection (5). The amount of fines and forfeitures payable to a special improvement district created under s. 285.17 which is located in a charter county must be determined in the same manner as the amount of fines and forfeitures payable to a municipality in that county. All fines and forfeitures received by any county court as the result of citations issued under s. 316.640(2)(c)1. must be paid into the fine and forfeiture fund established pursuant to s. 142.01 whether or not such citations were issued for parking violations that occurred within a municipality or special improvement district created under s. 285.17.
(9) Twelve dollars and fifty cents from each moving traffic violation must be used by the county to fund that county’s participation in an intergovernmental radio communication program approved by the Department of Management Services. If the county is not participating in such a program, funds collected must be used to fund local law enforcement automation and must be distributed to the municipality or special improvement district in which the violation occurred or to the county if the violation occurred within the unincorporated area of the county.
(10) The additional costs and surcharges on criminal traffic offenses provided for under ss. 938.03 and 938.04 must be collected and distributed by the clerk of the court as provided in those sections. The additional costs and surcharges must also be collected for the violation of any ordinances adopting the criminal traffic offenses enumerated in s. 318.17.
(11)(a) A county or municipality may, by majority vote of the governing board of the respective county or municipality, impose a surcharge on parking fines for the sole purpose of funding school crossing guard programs; however, the governing body may set aside funds from this surcharge to pay for startup costs and recurring administrative costs related to printing new tickets or other means of implementing the program. The surcharge must be authorized by ordinance requiring public hearings.
(b) The proceeds of this surcharge must be placed in a trust fund established by the governing body of the county or municipality called the School Crossing Guard Trust Fund. Funds collected from this surcharge must be distributed quarterly to fund the school crossing guard programs provided in subsection (3).
(c) If a county government is operating a school crossing guard program in the exercise of its municipal responsibilities, the county may, by majority vote of its governing board, impose a countywide surcharge on parking fines for the sole purpose of funding school crossing guard programs throughout the county; however, the governing body may set aside funds from this surcharge to pay for startup costs and recurring administrative costs related to printing new tickets or other means of implementing the program. The surcharge must be authorized by an ordinance requiring public hearings. This surcharge, established by the governing body of the county, must be placed in a trust fund called the School Crossing Guard Trust Fund. Funds collected from this surcharge must be distributed quarterly to jurisdictions to fund school crossing guard programs based on each jurisdiction’s percentage of the school crossing guards in the county school district.
(12) As of July 1, 2002, the proceeds from the fine as defined in s. 316.126(1)(b) shall be paid to the Crimes Compensation Trust Fund administered by the Office of the Attorney General.
(13) Of the proceeds from the fine under s. 318.18(16), $65 shall be remitted to the Department of Revenue for deposit into the Administrative Trust Fund of the Department of Health and the remaining $60 shall be distributed pursuant to subsections (1) and (2).
(14) Notwithstanding subsections (1) and (2), the proceeds from the mandatory civil penalties imposed pursuant to s. 318.14(5) shall be distributed as provided in that section.
(15) Of the additional fine assessed under s. 318.18(3)(f) for a violation of s. 316.1893, 50 percent of the moneys received from the fines shall be appropriated to the Agency for Health Care Administration as general revenue to provide an enhanced Medicaid payment to nursing homes that serve Medicaid recipients with brain and spinal cord injuries. The remaining 50 percent of the moneys received from the enhanced fine imposed under s. 318.18(3)(f) shall be remitted to the Department of Revenue and deposited into the Department of Health Emergency Medical Services Trust Fund to provide financial support to certified trauma centers in the counties where enhanced penalty zones are established to ensure the availability and accessibility of trauma services. Funds deposited into the Emergency Medical Services Trust Fund under this subsection shall be allocated as follows:
(a) Fifty percent shall be allocated equally among all Level I, Level II, and pediatric trauma centers in recognition of readiness costs for maintaining trauma services.
1(b) Fifty percent shall be allocated among Level I, Level II, and pediatric trauma centers based on each center’s relative volume of trauma cases as calculated using the hospital discharge data collected pursuant to s. 408.061.
(16) The proceeds from the fines described in s. 318.18(17) shall be remitted to the law enforcement agency that issues the citation for a violation of s. 316.622. The funds must be used for continued education and enforcement of s. 316.622 and other related safety measures contained in chapter 316.
(17) Notwithstanding subsections (1) and (2), the proceeds from the administrative fee imposed under s. 318.18(18) shall be distributed as provided in that subsection. This subsection expires July 1, 2026.
(18) Notwithstanding subsections (1) and (2), the proceeds from the administrative fee imposed under s. 318.18(19) shall be distributed as provided in that subsection.
(19) Notwithstanding subsections (1) and (2), the proceeds from the fees imposed under s. 318.18(20) shall be distributed as provided in that subsection.
(20) For fines assessed under s. 318.18(3) for unlawful speed, effective for violations occurring on or after the effective date of this act, the following amounts shall be remitted to the Department of Revenue for deposit in the State Courts Revenue Trust Fund; however, these amounts are not revenue for purposes of s. 28.36 and may not be used in establishing the budget of the clerk of the court under that section or s. 28.35:
For speed exceeding the limit by:Fine:
1-5 mph..........$ .00
6-9 mph..........$ .00
10-14 mph..........$ .00
15-19 mph..........$25
20-29 mph..........$25
30 mph and above..........$ .00
The remaining amount shall be distributed pursuant to subsections (1) and (2).
(21) Notwithstanding subsections (1) and (2) or any other provision of law, the civil penalties and the proceeds from the additional penalties imposed pursuant to s. 318.18(5)(a)2., (b)2., and (c) and (21) shall be distributed as provided in that section.
1Note.—Section 14, ch. 2018-66, provides that “[i]f the provisions of this act relating to s. 395.4025(16), Florida Statutes, are held to be invalid or inoperative for any reason, the remaining provisions of this act shall be deemed to be void and of no effect, it being the legislative intent that this act as a whole would not have been adopted had any provision of the act not been included.”
Cited 5 times | Published | Supreme Court of Florida
...earing official's decision may be taken to the circuit court. If the hearing official must be a judge and the appeal must be to the circuit court, the only conclusion that can be reached is that the hearing official is a county court judge. Finally, section 318.21, Florida Statutes (1977), recognizes that the fines will be received by the county court and establishes the manner in which they will be distributed....
Cited 1 times | Published | Supreme Court of Florida | 2014 WL 2609201
...The chapter sets forth detailed requirements governing
the handling of traffic infractions, including rules governing the proceedings for
the adjudication of infractions, section 318.14; the amount of penalties, section
318.18; and the disposition of civil penalties, section 318.21....
...be proved beyond a reasonable doubt. Section 318.18(15), Florida Statutes (2009) provides for a $125 penalty for a violation of section 316.075(l)(c)l. when a driver failed to stop at a traffic signal, sixty dollars to be distributed as provided in section 318.21 [Disposition of civil penalties by county courts], and the remaining sixty-five dollars to be remitted to the Department of Revenue for deposit into the Administrative Trust Fund of the Department of Health....
...rk receives 6.1%, and the county receives a surcharge of $12.50 per violation. As to the clerk specifically, he alleged the clerk “receives the payment of fines for violations of Florida Statute § 316.1895(10); in accordance with Florida Statutes § 318.21, 142.01.” He alleged a claim for unjust enrichment against the clerk seeking “disgorgement of all monies illegally collected and accepted.” The clerk moved to dismiss the amended complaint based on judicial immunity....
...Rule 6.480(b) of the Florida Rules of Traffic Court also provides “the clerk, under the authority of an administrative order, may allow a reasonable amount of time before requiring the payment of civil penalties or costs.” Fla. R. Traf. Ct. 6.480(b). Section 318.21 governs the disposition of civil penalties by county courts and pro *892 vides that “[a]ll civil penalties received by a county court pursuant to the provisions of this chapter shall be distributed and paid. monthly as follows: — (f) Five-tenths percent shall be paid to the clerk of the court for administrative costs.” § 318.21(f), Fla. Stat. (2010). It also provides that if the violation occurred within a municipality, “5.6 percent shall be deposited into the fine and forfeiture trust fund established pursuant to s. 142.01.” Id. § 318.21(g)2....
...All fines and forfeitures received from violations of ordinances or misdemeanors committed within a county, or of municipal ordinances committed within a municipality within the territorial jurisdiction of the county court, shall be paid monthly to the county or municipality respectively except as provided in s. 318.21 or s....
...violations of chapter 316 committed within a municipality, or infractions under the provisions of chapter 318 committed within a municipality . . . shall be fully paid monthly to the appropriate municipality as provided in ss. 34.191 , 316.660 , and 318.21 ....
...." Section 316.660 , Florida Statutes, states: "Except as otherwise provided by law, all fines and forfeitures received by any county court from violations of any of the provisions of this chapter, or from violations of any ordinances adopting matter covered by this chapter, must be paid and distributed as provided in s. 318.21 ." A county court's disposition of all civil fines received pursuant to Chapter 318 , Florida Statutes, is prescribed in section 318.21 , Florida Statutes. After payment of specific sums to the Child Welfare Training Trust Fund and the Juvenile Justice Training Trust Fund, 4 section 318.21 (2)(g)1., Florida Statutes (1998 Supplement), states, "[i]f the violation occurred within a municipality ....
...l Court Cost Clearing Trust Fund and earmarked for distribution to the Criminal Justice Standards and Training Trust Fund and the Operating Trust Fund. 2 See, Ops. Att'y Gen. Fla. 74-137 (1974), 73-203 (1973), and 73-201 (1973). 3 See, ss. 316.660 , 318.21 and 938.01 , Fla....
...78-138 (1978) (violation of a municipal ordinance adopting or incorporating the state's criminal laws requires citation to ordinance for municipality to receive fines imposed by the court; citation to state criminal laws results in county receiving the fines under s. 142.03 , Fla. Stat.). 4 See , s. 318.21 (1), Fla....
...aniel M. Bodiford Walton County Clerk of the Circuit Court Post Office Box 1260 DeFuniak Springs, Florida 32435 Dear Mr. Bodiford: You ask substantially the following question: To whom should the clerk of the circuit court disburse funds pursuant to section 318.21 (10), Florida Statutes (1996 Supplement), when the county does not participate in an intergovernmental radio communication program approved by the Department of Management Services and the municipality has contracted with the sheriff's office to provide law enforcement services within the municipality? In sum: Section 318.21 (10), Florida Statutes (1996 Supplement), directs the clerk of the circuit court to disburse the funds to the municipality in which the traffic violation occurred....
...Such funds, however, must be used to fund local law enforcement automation. According to your letter, Walton County is not participating in an intergovernmental radio communication program approved by the Division of Communications of the Department of Management Services. Section 318.21 , Florida Statutes (1996 Supplement), provides a scheme for the distribution of civil penalties by county courts....
...law enforcement; instead such services are provided by the county sheriff. You, therefore, inquire whether you, as clerk, should disburse the funds to the two towns or to the sheriff's office which is providing law enforcement services to the towns. Section 318.21 (10), Florida Statutes (1996 Supplement), directs the clerk to distribute the funds to the municipality in which the violation occurred....
...is, in effect, a prohibition against its being done in any other way. 2 Accordingly, while the two towns in Walton County may have an agreement with the sheriff for the provision of law enforcement services, you must distribute the funds pursuant to section 318.21 (10), Florida Statutes (1996 Supplement), to the town in which the offense occurred. The town, however, may not use the monies so received for any purpose other than to fund local law enforcement automation. While the town may deem it appropriate to transfer the monies received pursuant to section 318.21 (10), Florida Statutes (1996 Supplement), to the sheriff, that decision rests with the town, not the clerk....
...(except as provided therein, fines, forfeitures, and civil penalties for violations of Ch. 316 committed within a municipality, or infractions under Ch. 318 committed within a municipality, shall be fully paid monthly to the appropriate municipality as provided in ss. 34.191 , 316.660 , and 318.21 ); s....
...(1996 Supp.), stating that "[e]xcept as otherwise provided by law, all fines and forfeitures received by any county court from violations of any of the provisions of this chapter, or from violations of any ordinances adopting matter covered by this chapter, must be paid and distributed as provided in s. 318.21 ." 2 See , Alsop v....
...318.18 (8), F.S., should be paid to those local governmental entities in Gadsden County which administer school guard programs. Section 318.18 (8) expressly states that the purpose of that subsection's additional assessment is "funding a county or municipal school crossing guard program." (e.s.) Section 318.21 provides for distribution and payment of such civil penalties by stating that [a]ll civil penalties and forfeitures received by a county court pursuant to the provisions of this chapter shall be distributed and paid monthly to the muni...
...y to that county or municipality respectively. However, s. 316.660 (4), F.S., as amended by s. 3, Ch. 85-255, Laws of Florida, expressly provides: The additional penalties collected pursuant to s. 318.18 (8) shall be paid monthly, in accordance with s. 318.21 , to the local governmental entity administering a school crossing guard program....
...318.18 (8) monies are to be paid to the local governmental entity administering a school crossing guard program and as the later and more specific statutes, should be regarded as controlling. See, e.g., State v. City of Boca Raton, 172 So.2d 230 (Fla. 1965); AGO 85-28. The direction in s. 318.21 to pay those monies in accordance with s....
...of Highway Safety and Motor Vehicles required to verify proper remittance of monies and enforce the statutory provisions relating to the clerks of court with regard to compliance with the appropriate assessment and distribution of civil fines under section 318.21 , Florida Statutes? In sum: The Department of Highway Safety and Motor Vehicles has no statutory authority to verify that the clerks of court are making proper remittances of monies or to enforce the statutory provisions relating to compliance by the clerks of court with the appropriate assessment and distribution of civil fines under section 318.21 , Florida Statutes. According to your letter, a 1996 amendment to section 318.21 , Florida Statutes, codified a longstanding practice of the clerks of court to submit monies collected pursuant to Chapter 318 , Florida Statutes, to the Department of Highway Safety and Motor Vehicles for distribution....
...ition, Rule 6.400, Florida Rules of Traffic Court, provides that "[w]hen reports or forms are to be sent to the [D]epartment [of Highway Safety and Motor Vehicles], the clerk or traffic violations bureau shall prepare and send the reports or forms." Section 318.21 , Florida Statutes, provides for the distribution and payment of civil penalties received by a county court pursuant to Chapter 318 , Florida Statutes....
...are Training Trust Fund for child welfare training purposes pursuant to s. 402.40 "; 7 and, "[e]ight and two-tenths percent shall be deposited in the Brain and Spinal Cord Injury Rehabilitation Trust Fund for the purposes set forth in s. 413.613." 8 Section 318.21 (8), Florida Statutes, states that: "All moneys collected by the clerk of the court for deposit into a state trust fund must be sent monthly to the Department of Highway Safety and Motor Vehicles for distribution....
...Such a submittal must be accompanied by a specific accounting of the amounts due each fund." (e.s.) Your question requires a determination of who is charged with making the specific accounting referred to in this statute, that is, whether the clerk of court or the department is required to make such an accounting. Section 318.21 , Florida Statutes, is titled "[d]isposition of civil penalties by county courts ." (e.s.) The language of the section relating to distribution and payment of these moneys is addressed to the court. The only submittal contemplated by section 318.21 (8), Florida Statutes, is that from the clerk of court to the Department of Highway Safety and Motor Vehicles....
...disposition of these funds and that the department keep records to indicate that those directions have been followed. Nothing in this section authorizes the department to enforce the clerks' compliance with collection and accounting requirements in section 318.21 , Florida Statutes....
...authority to verify that the clerks of court are making proper remittances of monies or to enforce the statutory provisions relating to compliance by the clerks of court with regard to the appropriate assessment and distribution of civil fines under section 318.21 , Florida Statutes....
...pality respectively. If any costs are assessed and collected in connection with offenses tried in county court, all court costs shall be paid into the general revenue fund of the state of Florida and such other funds as prescribed by general law." 7 Section 318.21 (1), Fla. Stat. 8 Section 318.21 (2)(d), Fla....
violation received from Duval County pursuant to section 318.21(9), Florida Statutes, is used for local law
This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. For legal consultation, call 904-383-7448.
