Bill Text: FL S2054 | 2012 | Regular Session | Comm Sub
Bill Title: Domestic Violence
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Introduced - Dead) 2012-03-08 - Laid on Table, refer to HB 7093 -SJ 992 [S2054 Detail]
Download: Florida-2012-S2054-Comm_Sub.html
Florida Senate - 2012 CS for CS for SB 2054 By the Committees on Judiciary; Children, Families, and Elder Affairs; and Children, Families, and Elder Affairs; and Senator Lynn 590-03538-12 20122054c2 1 A bill to be entitled 2 An act relating to domestic violence; amending s. 3 39.902, F.S.; defining the term “coalition” as it 4 relates to domestic violence; amending s. 39.903, 5 F.S.; revising provisions relating to certification of 6 domestic violence centers; providing specified 7 additional duties for and authority of the Florida 8 Coalition Against Domestic Violence; revising the 9 duties of the Department of Children and Family 10 Services; requiring the department to contract with 11 coalition for specified purposes; creating s. 39.9035, 12 F.S.; providing the duties of the coalition as it 13 manages the delivery of services to the state’s 14 domestic violence program; amending s. 39.904, F.S.; 15 requiring the coalition, rather than the department, 16 to make a specified annual report; revising the 17 contents of the report; amending s. 39.905, F.S.; 18 requiring the coalition, rather than the department, 19 to perform certain duties relating to certification of 20 domestic violence centers; revising provisions 21 relating to certification of domestic violence 22 centers; requiring a demonstration of need for 23 certification of a new domestic violence center; 24 revising provisions relating to expiration of a 25 center’s annual certificate; prohibiting a domestic 26 violence center from receiving funding from the 27 coalition for services that are exempted from 28 certification; amending ss. 381.006, 381.0072, 29 741.281, 741.2902, 741.30, and 741.316, F.S.; 30 conforming provisions to changes made by the act; 31 amending s. 741.32, F.S.; deleting provisions relating 32 to the certification of batterers’ intervention 33 programs; amending s. 741.325, F.S.; revising the 34 requirements for batterers’ intervention programs; 35 repealing s. 741.327, F.S., relating to the 36 certification and monitoring of batterers’ 37 intervention programs; amending ss. 948.038 and 38 938.01, F.S.; conforming provisions to changes made by 39 the act; providing an effective date. 40 41 Be It Enacted by the Legislature of the State of Florida: 42 43 Section 1. Present subsections (1), (2), and (3) of section 44 39.902, Florida Statutes, are redesignated as subsections (2), 45 (3), and (4), respectively, and a new subsection (1) is added to 46 that section, to read: 47 39.902 Definitions.—As used in this part, the term: 48 (1) “Coalition” means the Florida Coalition Against 49 Domestic Violence. 50 Section 2. Section 39.903, Florida Statutes, is amended to 51 read: 52 39.903 Duties and functions of the department with respect 53 to domestic violence.—The department shall: 54 (1) Operate the domestic violence program and, in 55 collaboration with the coalition, shall coordinate and 56 administer statewide activities related to the prevention of 57 domestic violence.The department shall:58(a) Develop by rule criteria for the approval or rejection59of certification or funding of domestic violence centers.60(b) Develop by rule minimum standards for domestic violence61centers to ensure the health and safety of the clients in the62centers.63 (2)(c)Receive and approve or reject applications for 64 initial certification of domestic violence centers. The 65 department shall annually renew the certification thereafter 66 upon receipt of a favorable monitoring report by the coalition. 67If any of the required services are exempted from certification68by the department under s.39.905(1)(c), the center shall not69receive funding for those services. 70 (3)(d)HaveEvaluate each certified domestic violence71center annually to ensure compliance with the minimum standards.72The department hasthe right to enter and inspect the premises 73 of domestic violence centers that are applying for an initial 74 certification or facing potential suspension or revocation of 75 certificationcertified domestic violence centers at any76reasonable hour in orderto effectively evaluate the state of 77 compliance with minimum standardsof these centers with this78part and rules relating to this part. 79(e) Adopt rules to implement this part.80 (4)(f)Promote the involvement of certified domestic 81 violence centers in the coordination, development, and planning 82 of domestic violence programming in the circuitsdistricts and83the state. 84(2) The department shall serve as a clearinghouse for85information relating to domestic violence.86(3) The department shall operate the domestic violence87program, which provides supervision, direction, coordination,88and administration of statewide activities related to the89prevention of domestic violence.90 (5)(4)Coordinate with state agencies that have health, 91 education, or criminal justice responsibilities to raise 92 awareness of domestic violence and promote consistent policy 93 implementation.The department shall enlist the assistance of94public and voluntary health, education, welfare, and95rehabilitation agencies in a concerted effort to prevent96domestic violence and to treat persons engaged in or subject to97domestic violence. With the assistance of these agencies, the98department, within existing resources, shall formulate and99conduct a research and evaluation program on domestic violence.100Efforts on the part of these agencies to obtain relevant grants101to fund this research and evaluation program must be supported102by the department.103(5) The department shall develop and provide educational104programs on domestic violence for the benefit of the general105public, persons engaged in or subject to domestic violence,106professional persons, or others who care for or may be engaged107in the care and treatment of persons engaged in or subject to108domestic violence.109 (6)The department shallCooperate with, assist in, and 110 participate in, programs of other properly qualified state 111 agencies, including any agency of the Federal Government, 112 schools of medicine, hospitals, and clinics, in planning and 113 conducting research on the prevention of domestic violence and 114 the provision of services to clients, care, treatment, and115rehabilitation of persons engaged in or subject to domestic116violence. 117 (7)The department shallContract with the coalition for 118 the delivery and management of services for the state’s domestic 119 violence program. Services under this contract include, but are 120 not limited to, the administration of contracts and grants.a121statewide association whose primary purpose is to represent and122provide technical assistance to certified domestic violence123centers. This association shall implement, administer, and124evaluate all services provided by the certified domestic125violence centers. The association shall receive and approve or126reject applications for funding of certified domestic violence127centers. When approving funding for a newly certified domestic128violence center, the association shall make every effort to129minimize any adverse economic impact on existing certified130domestic violence centers or services provided within the same131service area. In order to minimize duplication of services, the132association shall make every effort to encourage subcontracting133relationships with existing certified domestic violence centers134within the same service area. In distributing funds allocated by135the Legislature for certified domestic violence centers, the136association shall use a formula approved by the department as137specified in s.39.905(7)(a).138 (8) Consider applications from certified domestic violence 139 centers for capital improvement grants and award those grants 140 pursuant to s. 39.9055. 141 (9) Adopt by rule procedures to administer this section, 142 including developing criteria for the approval, suspension, or 143 rejection of certification of domestic violence centers and 144 developing minimum standards for domestic violence centers to 145 ensure the health and safety of the clients in the centers. 146 Section 3. Section 39.9035, Florida Statutes, is created to 147 read: 148 39.9035 Duties and functions of the coalition with respect 149 to domestic violence.—As part of its delivery and management of 150 the delivery of services for the state’s domestic violence 151 program, the coalition shall: 152 (1) Implement, administer, and evaluate all domestic 153 violence services provided by the certified domestic violence 154 centers. 155 (2) Receive and approve or reject applications for funding 156 of certified domestic violence centers. When approving funding 157 for a newly certified domestic violence center, the coalition 158 shall make every effort to minimize any adverse economic impact 159 on existing certified domestic violence centers or services 160 provided within the same service area. In order to minimize 161 duplication of services, the coalition shall make every effort 162 to encourage subcontracting relationships with existing 163 certified domestic violence centers within the same service 164 area. In distributing funds allocated by the Legislature for 165 certified domestic violence centers, the coalition shall use a 166 formula approved by the department as specified in s. 167 39.905(7)(a). 168 (3) Evaluate certified domestic violence centers in order 169 to determine compliance with minimum certification standards. 170 (4) Have the right to enter and inspect the premises of 171 certified domestic violence centers for monitoring purposes. 172 Section 4. Section 39.904, Florida Statutes, is amended to 173 read: 174 39.904 Report to the Legislature on the status of domestic 175 violence cases.—On or before January 1 of each year, the 176 coalitiondepartmentshall furnish to the President of the 177 Senate and the Speaker of the House of Representatives a report 178 on the status of domestic violence in this state, which must 179reportshallinclude, but needisnot be limited to, the 180 following: 181 (1) The incidence of domestic violence in this state. 182 (2) An identification of the areas of the state where 183 domestic violence is of significant proportions, indicating the 184 number of cases of domestic violence officially reported, as 185 well as an assessment of the degree of unreported cases of 186 domestic violence. 187 (3) An identification and description of the types of 188 programs in the state whichthatassist victims of domestic 189 violence or persons who commit domestic violence, including 190 information on funding for the programs. 191 (4) The number of persons who receive services fromare192treated by or assisted bylocal certified domestic violence 193 programs that receive funding through the coalitiondepartment. 194 (5) The incidence of domestic violence homicides in the 195 state, including information and data collected from state and 196 local domestic violence fatality review teams.A statement on197the effectiveness of such programs in preventing future domestic198violence.199(6) An inventory and evaluation of existing prevention200programs.201(7) A listing of potential prevention efforts identified by202the department; the estimated annual cost of providing such203prevention services, both for a single client and for the204anticipated target population as a whole; an identification of205potential sources of funding; and the projected benefits of206providing such services.207 Section 5. Paragraphs (c), (g), and (i) of subsection (1), 208 subsections (2), (3), and (5), paragraph (a) of subsection (6), 209 and paragraph (b) of subsection (7) of section 39.905, Florida 210 Statutes, are amended, and subsection (8) is added to that 211 section, to read: 212 39.905 Domestic violence centers.— 213 (1) Domestic violence centers certified under this part 214 must: 215 (c) Provide minimum services thatwhichinclude, but are 216 not limited to, information and referral services, counseling 217 and case management services, temporary emergency shelter for 218 more than 24 hours, a 24-hour hotline, training for law 219 enforcement personnel, assessment and appropriate referral of 220 resident children, and educational services for community 221 awareness relative to the incidence of domestic violence, the 222 prevention of such violence, and the services availablecare,223treatment, and rehabilitationfor persons engaged in or subject 224 to domestic violence. If a 24-hour hotline, professional 225 training, or community education is already provided by a 226 certified domestic violence center within its designated service 227 areaa district, the department may exempt such certification 228 requirements for a new center serving the same service area 229districtin order to avoid duplication of services. 230 (g) File with the coalitiondepartmenta list of the names 231 of the domestic violence advocates who are employed or who 232 volunteer at the domestic violence center who may claim a 233 privilege under s. 90.5036 to refuse to disclose a confidential 234 communication between a victim of domestic violence and the 235 advocate regarding the domestic violence inflicted upon the 236 victim. The list must include the title of the position held by 237 the advocate whose name is listed and a description of the 238 duties of that position. A domestic violence center must file 239 amendments to this list as necessary. 240 (i) If its center is a new center applying for 241 certification, demonstrate that the services provided address a 242 need identified in the most current statewide needs assessment 243 approved by the department. If the center applying for initial 244 certification proposes providing services in an area that has an 245 existing certified domestic violence center, the center applying 246 for initial certification must demonstrate the unmet need in 247 that service area and describe its efforts to avoid duplication 248 of services. 249 (2) If the department finds that there is failure by a 250 center to comply with the requirements established under this 251 part or with the rules adopted pursuant thereto, the department 252 may deny, suspend, or revoke the certification of the center. 253 (3) The annual certificateshallautomatically expires 254expireon June 30 of each state fiscal year unless the 255 certification is temporarily extended to allow the center to 256 implement a corrective action planthe termination date shown on257the certificate. 258 (5) Domestic violence centers may be established throughout 259 the state when private, local, state, or federal funds are 260 available and a need is demonstrated. 261 (6) In order to receive state funds, a center must: 262 (a) Obtain certification pursuant to this part. However, 263 the issuance of a certificate doeswillnot obligate the 264 coalitiondepartmentto provide funding. 265 (7) 266 (b) A contract between the coalitionstatewide association267 and a certified domestic violence center shall contain 268 provisions ensuringassuringthe availability and geographic 269 accessibility of services throughout the service areadistrict. 270 For this purpose, a center may distribute funds through 271 subcontracts or to center satellites, ifprovidedsuch 272 arrangements and any subcontracts are approved by the coalition 273statewide association. 274 (8) If any of the required services are exempted from 275 certification by the department under this section, the center 276 may not receive funding from the coalition for those services. 277 Section 6. Subsection (18) of section 381.006, Florida 278 Statutes, is amended to read: 279 381.006 Environmental health.—The department shall conduct 280 an environmental health program as part of fulfilling the 281 state’s public health mission. The purpose of this program is to 282 detect and prevent disease caused by natural and manmade factors 283 in the environment. The environmental health program shall 284 include, but not be limited to: 285 (18) A food service inspection function for domestic 286 violence centers that are certified by department and monitored 287 by the coalitionDepartment of Children and Family Services288 under part XII of chapter 39 and group care homes as described 289 in subsection (16), which shall be conducted annually and be 290 limited to the requirements in department rule applicable to 291 community-based residential facilities with five or fewer 292 residents. 293 294 The department may adopt rules to carry out the provisions of 295 this section. 296 Section 7. Paragraph (b) of subsection (1) of section 297 381.0072, Florida Statutes, is amended to read: 298 381.0072 Food service protection.—It shall be the duty of 299 the Department of Health to adopt and enforce sanitation rules 300 consistent with law to ensure the protection of the public from 301 food-borne illness. These rules shall provide the standards and 302 requirements for the storage, preparation, serving, or display 303 of food in food service establishments as defined in this 304 section and which are not permitted or licensed under chapter 305 500 or chapter 509. 306 (1) DEFINITIONS.—As used in this section, the term: 307 (b) “Food service establishment” means detention 308 facilities, public or private schools, migrant labor camps, 309 assisted living facilities, adult family-care homes, adult day 310 care centers, short-term residential treatment centers, 311 residential treatment facilities, homes for special services, 312 transitional living facilities, crisis stabilization units, 313 hospices, prescribed pediatric extended care centers, 314 intermediate care facilities for persons with developmental 315 disabilities, boarding schools, civic or fraternal 316 organizations, bars and lounges, vending machines that dispense 317 potentially hazardous foods at facilities expressly named in 318 this paragraph, and facilities used as temporary food events or 319 mobile food units at any facility expressly named in this 320 paragraph, where food is prepared and intended for individual 321 portion service, including the site at which individual portions 322 are provided, regardless of whether consumption is on or off the 323 premises and regardless of whether there is a charge for the 324 food. The term does not include any entity not expressly named 325 in this paragraph; nor does the term include a domestic violence 326 center certified by the department and monitored by the 327 coalitionDepartment of Children and Family Servicesunder part 328 XII of chapter 39 if the center does not prepare and serve food 329 to its residents and does not advertise food or drink for public 330 consumption. 331 Section 8. Section 741.281, Florida Statutes, is amended to 332 read: 333 741.281 Court to order batterers’ intervention program 334 attendance.—If a person is found guilty of, hashadadjudication 335 withheld on, or pleadshas plednolo contendere to a crime of 336 domestic violence, as defined in s. 741.28, that person shall be 337 ordered by the court to a minimum term of 1 year’s probation and 338 the court shall order that the defendant attend a batterers’ 339 intervention program as a condition of probation. The court must 340 impose the condition of the batterers’ intervention program for 341 a defendant under this section, but the court, in its 342 discretion, may determine not to impose the condition if it 343 states on the record why a batterers’ intervention program might 344 be inappropriate. The court must impose the condition of the 345 batterers’ intervention program for a defendant placed on 346 probation unless the court determines that the person does not 347 qualify for the batterers’ intervention program pursuant to s. 348 741.325.Effective July 1, 2002, the batterers’ intervention349program must be a certified program under s.741.32.The 350 imposition of probation under this section doesshallnot 351 preclude the court from imposing any sentence of imprisonment 352 authorized by s. 775.082. 353 Section 9. Paragraph (g) of subsection (2) of section 354 741.2902, Florida Statutes, is amended to read: 355 741.2902 Domestic violence; legislative intent with respect 356 to judiciary’s role.— 357 (2) It is the intent of the Legislature, with respect to 358 injunctions for protection against domestic violence, issued 359 pursuant to s. 741.30, that the court shall: 360 (g) Consider requiring the perpetrator to complete a 361 batterers’ intervention program. It is preferred that such 362 program meet the requirements specified in s. 741.325be363certified under s.741.32. 364 Section 10. Paragraphs (a) and (e) of subsection (6) of 365 section 741.30, Florida Statutes, are amended to read: 366 741.30 Domestic violence; injunction; powers and duties of 367 court and clerk; petition; notice and hearing; temporary 368 injunction; issuance of injunction; statewide verification 369 system; enforcement.— 370 (6)(a) Upon notice and hearing, when it appears to the 371 court that the petitioner is either the victim of domestic 372 violence as defined by s. 741.28 or has reasonable cause to 373 believe he or she is in imminent danger of becoming a victim of 374 domestic violence, the court may grant such relief as the court 375 deems proper, including an injunction: 376 1. Restraining the respondent from committing any acts of 377 domestic violence. 378 2. Awarding to the petitioner the exclusive use and 379 possession of the dwelling that the parties share or excluding 380 the respondent from the residence of the petitioner. 381 3. On the same basis as provided in chapter 61, providing 382 the petitioner with 100 percent of the time-sharing in a 383 temporary parenting plan that remainsshall remainin effect 384 until the order expires or an order is entered by a court of 385 competent jurisdiction in a pending or subsequent civil action 386 or proceeding affecting the placement of, access to, parental 387 time with, adoption of, or parental rights and responsibilities 388 for the minor child. 389 4. On the same basis as provided in chapter 61, 390 establishing temporary support for a minor child or children or 391 the petitioner. An order of temporary support remains in effect 392 until the order expires or an order is entered by a court of 393 competent jurisdiction in a pending or subsequent civil action 394 or proceeding affecting child support. 395 5. Ordering the respondent to participate in treatment, 396 intervention, or counseling services to be paid for by the 397 respondent. When the court orders the respondent to participate 398 in a batterers’ intervention program, the court, or any entity 399 designated by the court, must provide the respondent with a list 400 ofall certifiedbatterers’ intervention programsand all401programs which have submitted an application to the Department402of Children and Family Services to become certified under s.403741.32,from which the respondent must choose a program in which 404 to participate.If there are no certified batterers’405intervention programs in the circuit, the court shall provide a406list of acceptable programs from which the respondent must407choose a program in which to participate.408 6. Referring a petitioner to a certified domestic violence 409 center. The court must provide the petitioner with a list of 410 certified domestic violence centers in the circuit which the 411 petitioner may contact. 412 7. Ordering such other relief as the court deems necessary 413 for the protection of a victim of domestic violence, including 414 injunctions or directives to law enforcement agencies, as 415 provided in this section. 416 (e) An injunction for protection against domestic violence 417 entered pursuant to this section, on its face, may order that 418 the respondent attend a batterers’ intervention program as a 419 condition of the injunction. Unless the court makes written 420 factual findings in its judgment or order which are based on 421 substantial evidence, stating why batterers’ intervention 422 programs would be inappropriate, the court shall order the 423 respondent to attend a batterers’ intervention program if: 424 1. It finds that the respondent willfully violated the ex 425 parte injunction; 426 2. The respondent, in this state or any other state, has 427 been convicted of, had adjudication withheld on, or pled nolo 428 contendere to a crime involving violence or a threat of 429 violence; or 430 3. The respondent, in this state or any other state, has 431 had at any time a prior injunction for protection entered 432 against the respondent after a hearing with notice. 433 434It is mandatory that such programs be certified under s.741.32.435 Section 11. Subsection (5) of section 741.316, Florida 436 Statutes, is amended to read: 437 741.316 Domestic violence fatality review teams; 438 definition; membership; duties.— 439 (5) The domestic violence fatality review teams are 440 assigned to the Florida Coalition Against Domestic Violence 441Department of Children and Family Servicesfor administrative 442 purposes. 443 Section 12. Section 741.32, Florida Statutes, is amended to 444 read: 445 741.32Certification ofBatterers’ intervention programs.— 446(1)The Legislature finds that the incidence of domestic 447 violence in this stateFloridais disturbingly high,and that, 448 despite the efforts of many to curb this violence,thatone 449 person dies at the hands of a spouse, ex-spouse, or cohabitant 450 approximately every 3 days. Further, a child who witnesses the 451 perpetration of this violence becomes a victim as he or she 452 hears or sees it occurring. This child is at high risk of also 453 being the victim of physical abuse by the parent who is 454 perpetrating the violence and, to a lesser extent, by the parent 455 who is the victim. These children are also at a high risk of 456 perpetrating violent crimes as juveniles and, later, becoming 457 perpetrators of the same violence that they witnessed as 458 children. The Legislature finds that there should be 459 standardized programming available to the justice system to 460 protect victims and their children and to hold the perpetrators 461 of domestic violence accountable for their acts. Finally, the 462 Legislature recognizes that in order for batterers’ intervention 463 programs to be successful in protecting victims and their 464 children, all participants in the justice system as well as 465 social service agencies and local and state governments must 466 coordinate their efforts at the community level. 467(2) There is hereby established in the Department of468Children and Family Services an Office for Certification and469Monitoring of Batterers’ Intervention Programs. The department470may certify and monitor both programs and personnel providing471direct services to those persons who are adjudged to have472committed an act of domestic violence as defined in s.741.28,473those against whom an injunction for protection against domestic474violence is entered, those referred by the department, and those475who volunteer to attend such programs. The purpose of476certification of programs is to uniformly and systematically477standardize programs to hold those who perpetrate acts of478domestic violence responsible for those acts and to ensure479safety for victims of domestic violence. The certification and480monitoring shall be funded by user fees as provided in s.481741.327.482 Section 13. Section 741.325, Florida Statutes, is amended 483 to read: 484 741.325 Requirements for batterers’ intervention programs 485Guideline authority.— 486 (1) A batterers’ intervention program must meet the 487 following requirementsThe Department of Children and Family488Services shall promulgate guidelines to govern purpose,489policies, standards of care, appropriate intervention490approaches, inappropriate intervention approaches during the491batterers’ program intervention phase (to include couples492counseling and mediation), conflicts of interest, assessment,493program content and specifics, qualifications of providers, and494credentials for facilitators, supervisors, and trainees. The495department shall, in addition, establish specific procedures496governing all aspects of program operation, including497administration, personnel, fiscal matters, victim and batterer498records, education, evaluation, referral to treatment and other499matters as needed. In addition, the rules shall establish: 500 (a)(1)ThatThe primary purpose of the programprograms501 shall be victim safety and the safety ofthechildren, if 502 present. 503 (b)(2)ThatThe batterer shall be held accountable for acts 504 of domestic violence. 505 (c)(3)ThatThe programprogramsshall be at least 29 weeks 506 in length andshallinclude 24 weekly sessions, plus appropriate 507 intake, assessment, and orientation programming. 508 (d)(4)ThatThe program content shall be based onbea 509 psychoeducational model that addressesemploys a program content510based ontactics of power and control by one person over 511 another. 512(5) That the programs and those who are facilitators,513supervisors, and trainees be certified to provide these programs514through initial certification and that the programs and515personnel be annually monitored to ensure that they are meeting516specified standards.517 (e)(6)The intent thatThe program shallprogramsbeuser518feefunded by userwithfees paid byfromthe batterers who 519 attend the program, which allows them to takeas paymentfor520programsis important to the batterer takingresponsibility for 521 their actsthe actof violence, and from those seeking522certification. An exception shall be made forthoselocal, 523 state, or federal programs that fund batterers’ intervention 524 programs in whole or in part. 525(7) Standards for rejection and suspension for failure to526meet certification standards.527 (2)(8)The requirements of this sectionThat these528standards shallapply only to programs that address the 529 perpetration of violence between intimate partners, spouses, ex 530 spouses, or those who share a child in common or who are 531 cohabitants in intimate relationships for the purpose of 532 exercising power and control by one over the other. It will 533 endanger victims if courts and other referral agencies refer 534 family and household members who are not perpetrators of the 535 type of domestic violence encompassed by these requirements 536standards. Accordingly, the court and others who make referrals 537 should refer perpetrators only to programming that appropriately 538 addresses the violence committed. 539 Section 14. Section 741.327, Florida Statutes, is repealed. 540 Section 15. Section 948.038, Florida Statutes, is amended 541 to read: 542 948.038 Batterers’ intervention program as a condition of 543 probation, community control, or other court-ordered community 544 supervision.—As a condition of probation, community control, or 545 any other court-ordered community supervision, the court shall 546 order a person convicted of an offense of domestic violence, as 547 defined in s. 741.28, to attend and successfully complete a 548 batterers’ intervention program unless the court determines that 549 the person does not qualify for the batterers’ intervention 550 program pursuant to s. 741.325. Thebatterers’ intervention551program must be a program certified under s.741.32, and the552 offender must pay the cost of attending the program. 553 Section 16. Paragraph (a) of subsection (1) of section 554 938.01, Florida Statutes, is amended to read: 555 938.01 Additional Court Cost Clearing Trust Fund.— 556 (1) All courts created by Art. V of the State Constitution 557 shall, in addition to any fine or other penalty, require every 558 person convicted for violation of a state penal or criminal 559 statute or convicted for violation of a municipal or county 560 ordinance to pay $3 as a court cost. Any person whose 561 adjudication is withheld pursuant to the provisions of s. 562 318.14(9) or (10) shall also be liable for payment of such cost. 563 In addition, $3 from every bond estreature or forfeited bail 564 bond related to such penal statutes or penal ordinances shall be 565 remitted to the Department of Revenue as described in this 566 subsection. However, no such assessment may be made against any 567 person convicted for violation of any state statute, municipal 568 ordinance, or county ordinance relating to the parking of 569 vehicles. 570 (a) All costs collected by the courts pursuant to this 571 subsection shall be remitted to the Department of Revenue in 572 accordance with administrative rules adopted by the executive 573 director of the Department of Revenue for deposit in the 574 Additional Court Cost Clearing Trust Fund. These funds and the 575 funds deposited in the Additional Court Cost Clearing Trust Fund 576 pursuant to s. 318.21(2)(c) shall be distributed as follows: 577 1. Ninety-two percent to the Department of Law Enforcement 578 Criminal Justice Standards and Training Trust Fund. 579 2. Six and three-tenths percent to the Department of Law 580 Enforcement Operating Trust Fund for the Criminal Justice Grant 581 Program. 582 3. One and seven-tenths percent to the Department of 583 Children and Family Services Domestic Violence Trust Fund for 584 the domestic violence program pursuant to s. 39.903(1)(3). 585 Section 17. This act shall take effect July 1, 2012.