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HomeMy WebLinkAbout05-026 ORDINANCE NO. 05-026 AN ORDINANCE AMENDING CHAPTER 1-7 "COURTS" OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY PROVIDING FOR ADDITIONAL COURT COSTS FOR TEEN COURT IN THE AMOUNT OF $3.00 TO BE IMPOSED BY THE COURT AGAINST EVERY PERSON WHO PLEADS GUILTY OR NOLO CONTENDERE TO, OR IS FOUND GUILTY OF, ANY FELONY, MISDEMEANOR OR CRIMINAL TRAFFIC OFFENSE UNDER THE LAWS OF THE STATE OF FLORIDA; PROVIDING THAT TEEN COURT PROGRAM NO LONGER RECEIVES A PORTION OF $65.00 COURT COST; PROVIDING FOR SEVERABILITY; AND PROVIDING EFFECTIVE DATE. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida ("Board"), is authorized by Section 938.19, Florida Statutes, to adopt an additional court cost of three and 0/100 dollars ($3.00) to be used by the County for the operation and administration of the teen court. 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 OF CHAPTER 1-7 "COURTS" OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY IS HEREBY AMENDED AS FOLLOWS: Sec. 1-7-1. Additional costs for law enforcement training. Every court in the county created by Article V of the State Constitution shall assess four and 50/100 dollars ($4.50) pursuant to sections 318.18(11)( c) and 938.15, Florida Statutes, in addition to the three dollars ($3.00) assessed by section 938.01(1), Florida Statutes, as a court cost against every person convicted for violation of a state penal or criminal statute or convicted for violation of a municipal or county ordinance or non-criminal Strud< threugh portions are deleted. Underlined portions are added. EDWIN M, FRY, Jr" CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 2684491 08109/2005 at 03:37 PM OR BOOK 2327 PAGE 2577 - 2581 Doc Type: ORDN RECORDING: $44.00 infraction. However, no such assessment shall be made against any person convicted for violation of any state statute, municipal ordinance, or county ordinance relating to the parking of vehicles. All such costs collected by the aforesaid courts shall be deposited in a special grant fund of the county to be used for law enforcement training expenditures by said county. Sec. 1-7-2 Assessment of additional court costs. A. The court shall assess court costs of sixty-five and 0/100 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 any felony, misdemeanor, or criminal traffic offense under state law. B. The clerk of the circuit and county court ("clerk") shall collect the sixty-five and 0/100 dollars ($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. Sec. 1-7-3 Allocation of additional court costs. The additional court costs imposed pursuant to Section 1-7-2 of this Code shall be used only in St. Lucie County, to be allocated as follows: 1. Twenty-five percent of the amount collected shall be allocated to fund innovations to supplement state funding for the elements of the state courts system identified in section 29.004, Florida Statutes, and county funding for local requirements under Section 29.008(2)(a)2, Florida Statutes. 2. Twenty-five percent of the amount collected shall be allocated to assist counties in providing legal aid programs required under Section 29.008(3)(a), Florida Statutes. 3. Twenty-five percent of the amount collected shall be allocated to fund personnel and legal materials for the public as part of a law library. 4. Twenty-five percent of the amount collected shall be used as determined by the Board to support teen court programs, juvenile assessment centers, and other juvenile alternative programs. Strud< through portions are deleted. Underlined portions are added. 2 Sec. 1-7-4 Quarterly Reports Required; Priority; Indigency. The Board shall report the amount of funds collected pursuant to this section and itemized list of expenditures for all authorized programs and activities. The report, in a format developed by the Supreme Court, shall be submitted to the Governor, the Chief Financial Officer, the President of the Senate, and the Speaker of the House of Representatives on a quarterly basis beginning with the quarter ending September 30,2004. Quarterly reports shall be submitted no later than 30 days after the end of the quarter. Any unspent funds at the close of the county fiscal year allocated under subparagraphs 2., 3., and 4. of Section 1-7-3, shall be transferred for use pursuant to subparagraph 1 of Section 1-7-3. The disbursement of costs collected under this section shall be subordinate in priority order of disbursement to all other state-imposed costs, restitution or other compensation to victims, and child support payments, If a person is determined to be indigent, the clerk shall defer payment of this cost. Sec. 1-7-5. Disposition of law library funds. All additional costs collected for the law library shall be set aside by the clerk to be used exclusively for the establishment and maintenance of the county law library. At the end of each month, such clerk will turn over such funds so collected to the board of trustees of the county law library as provided in Chapter 57-1790, Laws of Florida as amended by Chapter 71-895, Laws of Florida. Sec. 1-7-6. Disposition of legal aid fund. All additional costs collected for the pro bono legal aid program shall be set aside by the clerk in a separate account to be used exclusively to fund the pro bono legal aid program under the supervision of the St. Lucie County Bar Association for the Nineteenth Judicial Circuit or its designee. Sec. 1-7-7. Civil traffic infraction fund. Effective November 1, 1999, there is created a separate fund titled "civil traffic infraction fund". All monies deposited in the fund by the clerk pursuant to administrative order shall be used to pay expenses of the civil traffic hearing officer program as approved Strl:Jc!< thrðLlgh portions are deleted, Underlined portions are added. 3 by the chief judge of the Nineteenth Judicial Circuit pursuant to the budget for the program established by the Board of County Commissioners. Sec. 1-7-8. Assessment of court costs to be used for the operation and administration of teen court programs. (g) 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. a violation of criminal law 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. (Q) 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 September 1,2005. Strl:lc!< through portions are deleted. Underlined portions are added. 4 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. PART E. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Frannie Hutchinson Vice Chairman Doug Coward Commissioner Frannie Hutchinson Commissioner Joseph E. Smith Commissioner Chris Craft AYE AYE AYE AYE 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 2nd day of August, 2005. BOARD OF COUNTY COMMIS~IONERS ::: L~CIE ~N~k 5 BY: Stl"tld< tkl"6t1gk portions are deleted. Underlined portions are added.