HomeMy WebLinkAbout07-047
~
.i
~.~: rMfG
Ç,11
C-!e(~
1==-11/\ ~,((cfoý
ORDINANCE NO. 07-047
I-
It:
~
o
U
I- Z
5 ~
U 0
It: i1i
Ü Q,
w ~
~ ~8
~ am
lll: 8~
ffi cs ~
.J>¡:¡*
':~§~
~~o:::Cl8
m~ .
>Uoo..~
It:wr:::o~
u..- ¡g"
.g2iN~
:E.J~~i5
z MOa::
~~'II:go
c<~a::&3
wcnÜ:Oa::
AN ORDINANCE AMENDING SECTION 1-7-8 OF THE
CODE OF ORDINANCES OF ST. LUCIE COUNTY
PROVIDING FOR THE ADDITIONAL COURT COSTS IN THE
AMOUNT OF $65.00 AND FOR TEEN COURT IN THE
AMOUNT OF $3.00 TO NOW ADDITIONALLY BE IMPOSED
BY THE COURT AGAINST EVERY PERSON WHO IS
ADJUDICATED DEUNQUENT FOR A DEUNQUENT ACT;
PROVIDING FOR SEVERABIUTY; AND PROVIDING
EFFECTIVE DATE.
WHEREAS, Chapter 2007-71 amended Section 938.19, Florida Statutes, to
allow the County to impose the additional court cost of sixty-five and 0/100 dollars ($65.00)
and the additional court cost for teen court of three and 0/100 dollars ($3.00) against every
person who is adjudicated delinquent for a delinquent act;
WHEREAS, the Board has determined that the adoption of this Ordinance
imposing an additional court cost is in the best interest of the citizens of St. Lucie County,
Florida.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of
St. Lucie County, Florida:
PART A.
ARTICLE I. "In General," of Chapter 1 - 7, "Courts," of the Code of
Ordinances of St. Lucie County, Florida, is amended as follows:
Sec. 1-7-2. Assessment of additional court costs.
(a) The court shall assess court costs of sixty-five dollars ($65.00) per case, in addition
to any other authorized cost or fine, on every person who pleads guilty or nolo contendre to,
or is found guilty of, or adjudicated delinquent for. any felony, misdemeanor, delinquent act.
or criminal traffic offense under state law.
(b) The clerk of the circuit and county court (lc1erk") shall collect the sixty-five dollar
($65.00) court costs assessed by the court and deposit those funds in a separate, designated
account established by the clerk. The clerk shall release funds to the board upon request.
Stl"ud( tkreugk portions are deleted.
Underlined portions are added.
I
Sec. 1-7-8.
Assessment of court costs to be used for the operation and
administration of teen court programs.
(a) The court (both county and circuit) shall assess court costs of three and
00/100 dollars ($3.00) per case, in addition to any other authorized cost or fine, against
every person who pleads guilty or nolo contendere to, or is convicted of, regardless of
adjudication, or adjudicated delinquent for a violation of criminal law. a delinquent act. or a
municipal or county ordinance, or who pays a fine or civil penalty for any violation of Chapter
316, Florida Statutes. Any person whose adjudication is withheld under section 318.14(9) or
(10), Florida Statutes, shall also be assessed such cost. The assessment for court costs shall
be assessed in addition to any fine or civil penalty or other court cost and may not be
deducted from the proceeds of that portion of any fine or civil penalty that is received by
a municipality in the county or by the county in accordance with Section 316.660 and 318.21,
Florida Statutes. The assessment shall be specifically added to any civil penalty paid for a
violation of Chapter 316, Florida Statutes, regardless of whether the penalty is paid by mail,
paid in person without request for a hearing, or paid after hearing and determination by the
court. However, the assessment may not be made against a person for a violation of any state
law or municipal or county ordinance relating to the parking of vehicles, with the exception
of the violation of the handicapped parking laws.
(b) The clerk of the court shall collect the assessments for court costs collected
pursuant to this section and shall remit the assessments to the teen court monthly, less five
(5) per cent, which is to be retained as fee income of the office of the clerk of the circuit
court. The teen court must account for all funds received under this section in a written
report to the Board by August 1 of each year.
PART B.
SEVERABILITY .
If any word, phrase, clause, section or portion of this ordinance shall be held invalid
or unconstitutional by a court of competent jurisdiction, such portion or words shall be
deemed a separate and independent provision and such holding shall not affect the validity
of the remaining portions thereof.
PART C.
EFFECTIVE DATE.
This ordinance shall become effective October 1, 2007.
Strud< through portions are deleted.
Underlined portions are added.
2
PART D.
FlUNG 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.
PART E.
ADOPTION.
After motion and second, the vote on this ordinance was as follows:
Chairman Chris Craft Aye
Vice Chairman Joseph E. Smith Aye
Commissioner Paula A. Lewis Aye
Commissioner Charles Grande Aye
Commissioner Doug Coward Aye
PART F.
CODIFICATION.
Provisions of this ordinance shall be incorporated into 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 "F" shall not be
codified.
PASSED AND DULY ADOPTED this 11th day of September, 2007.
ATTEST:
,
BOARD OF COUNTY COMMISSIONERS
ST..~DA
Cha' m n
-----..
APPROVED ~ TO FORM AN
CORRECTNES~
i I
BY: I'lL
StF't1d< thl"6Ugh portions are deleted.
Underlined portions are added.
3