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Home My WebLink About10-005 ~ : ~(os ~ ~ I ~ci~ -~tnc~u~ F~ .Cp~,,Pc. ~f C~~f ~I~~~. ORDINANCE NO. 10-005 AN ORDINANCE AMENDING ARTICLE II (ALCOHOL AND OTHER DRUG ABUSE TRUST FUND) OF CHAPTER 1-7 (COURTS) OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, TO ALLOW THE CLERK TO COLLECT $15 FROM ANY DEFENDANT FOUND GUILTY OF ANY MISDEMEANOR IN WHICH THERE IS THE UNLAWFUL USE OF DRUGS OR ALCOHOL; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY AND APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR AN EFFECTIVE DATE; ADOPTION; AND CODIFICATION WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. 125.01 Florida Statutes authorizes this Board to promulgate drug treatment and education programs. 2. Under the provisions of Section 938.13, Florida Statutes, the Clerk is authorized to collect a $15 assessment, in addition to fines and other penalties authorized by law, against defendants who are found guilty of any misdemeanor under the laws of this state in which there is the unlawful use of drugs or alcohol. The Clerk shall forward $14 thereof to the County Alcohol and Other Drug Abuse Trust Fund. One dollar of each $15 collected will be retained by the Clerk as a service charge. 3. Section 893.165, Florida Statutes, had been amended to authorize the Board of County Commissioners to establish an alcohol and other drug abuse trust fund for the deposit of court-imposed assessments. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. AMENDMENT OF SECTION 1-7-22 (CREATION OF FUND AND ACCOUNTING) Section 1-7-22. Creation of Fund and Accounting. (a) Pursuant to Section 893.13, Florida Statutes, the Court may assess any defendant, on or after February 1, 1989, who is found guilty of, or pleads nolo contendere to, a violation of any provision of Chapter 893, Florida Statutes, or which involves a criminal violation of Section 316.193, Section 856.011, Section 856.015 or Chapter 462, Chapter 567, or Chapter 568, Florida Statutes, in addition to any fine or other penalty imposed by law for any criminal violation of 8#rnek-#~prengh passages are deleted. '1' ' ' ierlined passages are added. JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 3440474 02!10!2010 at 10:56 AM OR BOOK 3170 PAGE 972 - 974 Doc Type: ORDN RECORDING: $27.00 Section 316.193, Section 856.011, Section 856.015, or Chapter 562, Chapter 567, or Chapter 568, Florida Statutes, an amount up to the amount of the fine authorized for the violation. Such additional assessment shall be used for alcohol and other drug abuse programs as provided by general law and this ordinance. Pursuant to Section 893.13, Florida Statutes, the court is authorized to order a defendant to pay such assessment if it finds that the defendant has the ability to pay the fine and the additional assessment, and the defendant will not be prevented from being rehabilitated or from making restitution. (b) Pursuant to Section 938 13 Florida Statutes the Clerk shall collect $15 from any defendant found guilty of a~ misdemeanor under the laws of this state in which there is the .unlawful use of drugs or alcohol. jc) Once assessed, the Clerk will keep a record of assessments and those assessments shall be collected by the Clerk. The Clerk shall forward all monies collected to the Board of County Commissioners for deposit into a special and separate account titled Alcohol and Other Drug Abuse Trust Fund except the Clerk shall retain one dollar of each $15 collected pursuant to Section 93813 Florida Statutes as a service charge. Once each month, the Board of County Commissioners shall require a full report from the Clerk as to the amount of assessments imposed by its courts, the amount of funds collected and deposited into the Alcohol and Other Drug Abuse Trust Fund, and amount of expenditures from the Alcohol and Other Drug Abuse Trust Fund. PART B. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, and adopted priortoJanuary 1,1969, Countyordinances and resolutions, or partsthereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART D. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304. ~#rnek~hredgk passages are deleted. 'Z- Underlined passages are added. l PART E. EFFECTIVE DATE. This ordinance shall take effect upon adoption and clarifies all monies collected priorto this date are hereby validated. PART F. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Charles Grande AYE Vice Chair Doug Coward AYE Commissioner Chris Craft AYE Commissioner Chris Dzadovsky AYE Commissioner Paula A. Lewis AYE PART G. CODIFICATION. Provisions of this ordinance shall be incorporated in the Code of Ordinances of St. Lucie County, Florida, and the word "ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that Parts B through G shall not be codified. PASSED AND DULY ADOPTED this 2N0 day of February, 2010. BOARD OF COUNTY~yCOMMISSIONERS ATTEST: ST. LUCIE'CO~J TY, LORIDA << e ~ Deputy Clerk Ch ' an . ~O~ APPROVE S TO FORM D C R ~~"y.L"- r ~ _ ' v ~ Count Attorn ' :z r ugh passages are deleted. '3- Underlined passages are added. CHARLIE CRIST Governor February 12, 2010 Honorable Joseph E. Smith Clerk of the Circuit Court St. Lucie County Post Office Drawer 700 Fort Pierce, Florida 34954 Attention: Ms. Millie Delgado-Feliciano, Deputy Clerk Dear Mr. Smith: m Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your letter dated February 10, 2010 and certified copy of St. Lucie County Ordinance No. 10-005, which was filed in this office on February 12, 2010. Sincerely, ~; ~ 1 1 ~ ~_ Liz Cloud Program Administrator LC/srd DIRECTOR'S OFFICE R.A. Gray Building • 500 South Bronough SVeet • Tallahassee, Florida 32399-0250 850.245.6600 • FAX:850.245.6735 • TDD: 850.922.4085 • http://dlis.dos.state.fl.us COMMUNITY DEVELOPMENT STATE LIBRARY OF FLORIDA STATE ARCHIVES OF FLORIDA 850.245.6600 • FAX:850.245.6643 850.245.6600 • FAX:850.245.6744 850.245.6700 FAX:850.488.4894 LEGISLATIVE LIBRARY SERVICE RECORDS MANAGEMENT SERVICES ADMINISTRATIVE CODE AND WEEKLY 850.488.2812 • FAX:850.488.9879 850.245.6750 FAX:850.245.6795 850.245.6270 • FAX:850.245.6282 KURT S. BROWNING Secretary of State STATE LIBRARY AND ARCHIVES OF FLORIDA