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Home My WebLink About04-022JOANNE HDLHAN, CLERK OF THE CIRCUIT COURT - SAINT LUCIE COUNTY File Number: 2427151 OR BOOK 1999 PAGE 16.~ Recorded:06/24/04 10:20 ORDINANCE NO. 04-022 AN ORDINANCE AMENDING CHAPTER 1-7 "COURTS" OF THE CODE OF ORDINANCE5 OF ST. LUCIE COUNTY TO INCREASE THE ADDITIONAL COURT COST FOR LAW ENFORCEMENT TRAINING TO $2.50 TO BE IMPOSED BY THE COURT AGAINST EVERY PERSON CONVIC'q'Eb FOR VIOLATION OF A ,STATE PENAL OR CRIMINAL STATUTE OR CONVICTED FOR VIOLATION OF A MUNICIPAL OR COUNTY ORDINANCE OR NON-CRIMINAL INFRA~I-ION; PROVIDING FOR ADDITIONAL COURT CO5T5 IN THE AMOUNT OF :$65.00 TO BE IMPOSED BY THE COURT AGAINST EVERY PERSON WHO PLEADS GUILTY OR NOLO CONTENbERE TO, OR I$ FOUND GUILTY OF, ANY FELONY, MISDEMEANOR OR CRIMINAL TRAFFIC OFFENSE UNDER THE LAWS OF THE STATE OF FLORIDA; PROVIDING FOR THE ADMINISTRATION BY THE COUNTY; PROVIDING FOR DISBURSEMENT OF FUNDS TO THE COUNTY; PROVIDING FOR (~UARTERLY REPORTS; PRIORITY; INDIGENCY; PROVIDING FOR REPEAL OF SECTION5 1-7-2, 1-7-3, 3-7-4, 3-7-5, 1-7-6.5, 1-7-7, 1-7-8, 1-7-9, 1-7-11, 1-7-12; PROVIDING FOR $EVERABILITY; AND PROVIDING AN EFFELT1-IVE DATE. WHEREAS, the Board of County Commissioners of St. Lucia County, Florida (" Board"), is authorized by 5action 939.185, Florida Statutes, to adopt an additional court cost of sixty- five and 0/100 dollars ($65.00) to be used by the County for: a. innovations to supplement state funding for the elements of the state courts system identified in 5action 29.004, Florida Statutes, and county funding for local requirements under 5action 29.008(2)(a)2, Florida Statutes; and, b. providing legal aid programs required under 5action 29.008(3)(a); and, c. funding personnel and legal materials for the public as part of a law library; and, d. supporting teen court programs, juvenile assessment centers, and other juvenile alternative programs. ............ ~,, portions are deleted. Underlined portions are added. OR BOOK 1~99 PAGE 1693 'WHEREAS, the Board has determined that the adoption of this Ordinance imposing an additional court cost is in the best interest of the citizens of St. Lucie County, Florida. NOW, THEREFORE, BE IT ORbA1,NEb by the Board of County Commissioners of St. Lucie County, Florida: PART A. ART1,CLE 1' OF CHAPTER !-7 "COURTS" OF THE CODE OF ORD1'NANCE5 OF ST. LUC1'E COUNTY :]:5 HEREBY AMENDED A5 FOLLOWS: Sec. 1-7-1. Additional costs for law enforcement training. Every court in the county created by Article V of the State Constitution shall assess .... four and 50 E)EV:[O0 dollars ($ .... 4.50) pursuant to sections 3:[8.:[8(:H)(c) and 938.:[5, FIoMdo 5totut~s, in oddition to the three dollo~s ($3.00) ossessed by section 938.0~(~), FIoMdo 5totut~s, ~s ~ cou~t cost o9oinst every person convicted fo~ viobtion of ~ stot~ penol o~ cMmind stotut~ o~ convicted fo~ viobtion of ~ municipal o~ county o~dinonce o~ non- criminal infraction. However, no such ~ssessment shall be m~de ~9~inst ~ny person convicted for violation of any state statute, municipal ordinance, or county ordinance relating to the parkin9 of vehicles. AIl 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. ............. ~,, portions ore deleted. Underlined portions ore added. OR BOOK 1999 PAGE 1694 For Z:l;__ · · . , ..... ~ pet;t;on foru,..ov,u'~:~-"'*:--i my, m ~,-'~lr,,arr;ag~ or~, ..... ,, ,.,,,I .... ,.., ,t. Total ............. ~,, portions are deleted. Underlined portions ore added. OR BOOK 1997 PAGE 1695 I I~/1 ~lIO~,/~,/,,~ll I I~../11 ~'~l ~/~.~10~,/II~.AI ~1Y~I I~ VYlIII~I ~YlIIIIIIJII ~11~11' ~*u~, a~d 5.00 ..................................................... O0 I t-~llIII7 t,A~iIIIlllh.,)ll ~.AI I I/I IIIl~l I..I,~lll|l[ll..1 I I ~.AI I~./ll ~l.J'~l,I ~lll~Ill...lllll./I l~Iiit,..llli..ii ~'1 1,..I.11 l,~l~/I ..1111~ VI ~.~./ll~lr~.~l ¥1~-- ...... "tkrou~h portions ore deleted. Underlined portions are added. 5 - .,,~ ~uard~ans ~,.,o,v,, ~, .... char~¢s. ,,,~ ~,,~u,, court or ............. ~,, portions ore deleted. Underlined portions ore added. 4 OR BOOK 1999 PA6E 1697 ............. ~,, portions are deleted. Underlined portions ore odded. 6 OR BOOK 1999 PAGE 1698 Tc, tal ..................................................... ~ ............ ~,, portions ore deleted. Underlined portions ore added. 7 OR BOOR 1999 PAGE 1699 Sec. 1-7-2 State court cost .............................................. ,'.00 ,v~.u,u, ,v,,-~, ~, ,, u, ,v,, chcar~e ................................. ~,.v0~ r~ thc ': .... 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 9uilty or nolo contendre to, or is found 9uilty of any felony, misdemeanor, or criminal traffic offense under state law. 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 n separate, designated account established by the clerk. The clerk shall release funds to the Board upon request. ............. ~,, portions are deleted. Underlined portions are added. OR BOOK i~99 PAGE 1700 ',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. Lucia 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 requirement~ under Section 29.008(2)(a)2, Florida Statutes. counties Statutes. Twenty-five percent of the amount collected shall be allocated to assist in providing legal aid programs required under Section Pg.008('3)(a), Florida 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. 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. Sec. 1-7-4 Quarterly Repo~ts Required; Priority; lndigency. 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 n format developed by the Supreme Court, shall be submitted to the ~overnor, 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. ............. ~,, portions are deleted. Underlined portions are added. 9 OR BOOK 1999 PAGE 1701 .Sec. 1-7-6 _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 ns provided in Chapter 57-1790, Laws of Florida as amended by Chapter 71-895, Laws of Florida. , ~,,,,,~o funds ~ ........ -:,.._ _L ....... ~ - ..... I I VIII ~v., t ---- ......... :-- L...,--,. _z ?h ..... ............. ~,, portions are de etcd. Underlined portions ore ~dded. 10 OR BOOK i$99 PABE i?02 .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 .Tudicial Circuit or its designee. ............. ~,, portions are deleted. Underlined portions are added. 11 OR BOOK 1999 PAGE 1703 %,/¥1,*.~I~/II,.D VI ~.D~,~q..,,ll~./ll *J&q~l.,J.~,,/j ~/I ~L%,~/I I I~,,/I 14- ..... L;.I. ;~ .... ;,,_.J L.. ~ ~.,--;--;----1;4,.. ;-- ~L~.. ........... , or, ~t.t~ ~t.t.t ..... ' .... ~: Sec. 1-7-t~3 Z. 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 5tr'.'.c'4 thrcu§h portions ore deleted. Underlined portions are added. 12 · ' OR BOOK 1999 PABE 1704 order ~hall be used to pay expenses of the civil traffic hearing officer program as approved by the chief judge of the Nineteenth ,Tudiciol Circuit pursuant to the budget for the program established by the Board of County Commissioners. PART B. SEVERABTL1:TY. If any word, phrase, douse, section or portion of this ordinance shall be held invalid or unconstitutional by o court of competent jurisdiction, such portion or words shall be deemed o separate and independent provision and such holdin9 shall not effect the validity of the remaining portions thereof. PART C. EFFECT]:VE bATE. This ordinance shall become effective ~Tuly 1, 2004 or upon receipt of official acknowledgment from the Secretory of State that said ordinance has been filed, whichever is later. PART b. FTL.I:NG WTTH 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, Tollohassee, Florida 32304. PART E. ADOPT']:ON. After motion and second, the vote on this ordinance was os follows: Chairman Paula Lewis Vice Chairman ,Tohn Bruhn Commissioner Fronnie Hutchinson Commissioner Cliff Barnes Commissioner bou9 Coward AYE AYE AYE AYE AYE PART F. ¢ODIFICAIT. ON. Provisions of this ordinance shall be incorporated into the Code of Ordinances of St. Lucia 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 ............ ~,, portions ore deleted. Underlined portions ore added. 13 .,, -'. OR BOOK 1999 PAGE 1705 · to Octomplish such intention; provided, however, that Parts "B" through "F" shall not be codified. PASSED AND DULY ADOPTED this c~ day of ............. ~,, portions are deleted. Underlined portions are added. 14