Remittable Funds 1. Divorce Surcharge (Children s Trust Fund) Code Section: OCGA 15-6-77.4 Effective: Enacted 1987 Courts: Superior Cases: Divorce Actions Assessment: Deduction from filing fee Calculation: $5.00 per Divorce Action Filing Fee 2. Marriage Surcharge (Children s Trust Fund) Code Section: OCGA 15-9-60.1 Effective: Enacted 1987 Courts: Probate Cases: Marriage License Application Assessment: Surcharge to filing fee Calculation: $15.00 per Marriage License Application Fee 3. Civil Action Surcharge (Peace Officers, Prosecutors, and Indigent Defense Fund) Code Section: OCGA 15-21A-6 Effective: Enacted 2004, upon signature of Governor Courts: Superior, State, Probate, Recorder s Mayor s and Magistrate Courts Cases: All civil suits, actions, cases or proceedings, including, without limiting the generality of the foregoing, all adoptions, charters, certiorari, applications by a personal representative for leave to sell or reinvest, trade name registrations, applications for change of name and all other proceedings of a civil nature. Municipalities, counties, and political subdivisions are exempt from paying this fee. Assessment: Surcharge to civil filing fee collected Calculation: $15 per filing fee collected
4. Peace Officer, Prosecutor, and Indigent Defense Fund (POPIDF-A) Code Section: OCGA 15-21-73 Effective: Enacted 1983 Courts: All Courts (NOTE: HB 1EX added Juvenile Court) Offenses: All cases in which a fine is imposed, including court costs, traffic offenses, civil traffic violations, local ordinance violations and bond forfeitures Assessment: Surcharge to each fine collected, bond forfeited or court cost assessed Calculation: Prior to 07/01/2008: The lesser of $50 or 10% of the base fine and/or court cost or bond Effective 07/01/2008: Lesser of $50 or 10% surcharge on all base fines and/or court costs Lesser of $100 or 10% surcharge on all bonds posted Remittance: Prior to 07/01/2008 Remit by the last day of the month after collection to: Effective 07/01/2008 If the local governing authority has an approved procedure to verify the applicant s income: Remit 50% of the funds collected on bond forfeitures by the last day of the month following the month of collection to: Local Governing Authority Remit the balance (surcharges on fines and/or court costs and 50% of bonds) to: If the local governing authority does not have an approved procedure to verify the applicant s income, remit the total funds collected to the.
5. Crime Victims Emergency Fund (CVEF) Code Section: OCGA 15-21-112 Effective: July 1, 1992 Courts: Superior, State, Probate, Juvenile, Municipal, Mayor s, Recorder s, Police Offenses: Violation of OCGA 40-6-391 (Driving Under the Influence of Alcohol, Drugs or other Intoxicating Substance) Assessment: Surcharge to any fine and/or court cost imposed on violation of OCGA 40-6-391 Calculation: Lesser of $25 or 10% base fine and/or court cost; increases to $26 or 11% of base fine and/or court cost on offenses committed on or after 07/01/2004 6. Brain and Spinal Injury Trust Fund (BSITF) Code Section: OCGA 15-21-149 Effective: January 1, 1999 Courts: All Courts Offenses: Violation of OCGA 40-6-391 (DUI of Alcohol or Drugs) or violation of ordinances of political subdivisions which have adopted by reference OCGA 40-6-391 Assessment: Surcharge to fine and court cost Calculation: 10% of base fine and/or court cost Remittance: Remit by last day of the month after collection to:
7. Crime Lab Fee (CLF) Code Section: OCGA 42-8-34 Effective: July 1, 1999 Courts: Superior, State, Probate, Magistrate, Municipal, Recorder s, Mayor s Offenses: Violation of OCGA 40-6-391 (DUI or Alcohol or Drugs) and OCGA 16-13-2 (Misd. Marijuana Possession) Felony Probation Cases Assessment: One time surcharge per case Calculation: DUI and Misd Marijuana Poss - $25 per case Felony Probation Cases - $50 per case 8. Driver s Education Training Fund (DETF) Code Section: OCGA 15-21-179 Effective: May 11, 2005 Courts: All Courts Offenses: Any violation of the traffic laws of Georgia Assessment: Surcharge to the base fine and/or court cost Calculation: 5% of the base fine and/or court cost
9. Peace Officer, Prosecutor, and Indigent Defense Fund (POPIDF-B) Code Section: OCGA 15-21-73 Effective: Enacted 2004, effective upon signature of Governor Courts: All Courts Offenses: All cases in which a fine is imposed, including court costs, traffic offenses, civil traffic violations, local ordinance violations and bond forfeitures Assessment: Surcharge to each fine collected, bond forfeited and/or court cost assessed Calculation: Prior to 07/01/2008: Fines - 10% of the base fine and/or court cost Applicable to offenses committed the day after June 15, 2004 Bonds - The lesser of $50 or 10% of bail bonds Applicable to bonds posted the day after June 15, 2004 Effective 07/01/2008: Fines - 10% of the base fine and/or court cost Bonds - Lesser of $100 or 10% surcharge on all bonds posted Remittance: Prior to 07/01/2008 Remit by the last day of the month after collection to: Effective 07/01/2008 If the local governing authority has an approved procedure to verify the applicant s income: Remit 50% of the funds collected on bond forfeitures by the last day of the month following the month of collection to: Local Governing Authority Remit the balance (surcharges on fines, court costs and 50% of bonds) to: If the local governing authority does not have an approved procedure to verify the applicant s income, remit the total funds collected to the.
10. Judicial Operations Fund Fee Code Section: OCGA 15-21A-6.1 Effective: May 12, 2010 Courts: Superior courts Cases: All civil suits, actions, cases or proceedings, including, without limiting the generality of the foregoing, all adoptions, charters, certiorari, applications by a personal representative for leave to sell or reinvest, trade name registrations, applications for change of name and all other proceedings of a civil nature. The state, including, but not limited to, its departments, agencies, boards, bureaus, commissions, public corporations, and authorities, municipalities, counties, and political subdivisions shall be exempt from such fee. Assessment: Surcharge to civil filing fee collected Calculation: $125.00 per filing fee collected Remittance: Remit monthly to : 10. Judicial Operations Fund Fee Code Section: OCGA 15-21A-6.2 Effective: May 12, 2010 Courts: State courts Cases: All civil suits, actions, cases or proceedings, including, without limiting the generality of the foregoing, all adoptions, charters, certiorari, applications by a personal representative for leave to sell or reinvest, trade name registrations, applications for change of name and all other proceedings of a civil nature. The state, including, but not limited to, its departments, agencies, boards, bureaus, commissions, public corporations, and authorities, municipalities, counties, and political subdivisions shall be exempt from such fee. Assessment: Surcharge to civil filing fee collected Calculation: $125.00 per filing fee collected Remittance: Remit $50 of the fee collected to: Local Governing Authority Remit $75 of the fee collected to:
11. Indigent Defense Application Fee Code Section: OCGA 15-21A-6(c) Effective: June 15, 2004 Courts: Superior and Juvenile courts Offenses: Application fee for any person who applies for or receives legal defense service under Chapter 12 of Title 17 Assessment: Surcharge on fines or court costs Calculation: $50.00 fee Remittance: Remit monthly to :