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2024-005
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Last modified
2/22/2024 8:47:12 AM
Creation date
2/22/2024 8:47:08 AM
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Ordinances
Ordinance Number
2024-005
Adopted Date
02/20/2024
Agenda Item Number
10.A.1.
Ordinance Type
Court Cost Amendment
State Filed Date
02\21\2024
Entity Name
Indian River County Court
Code Number
305.11
Subject
Amends court costs to allow charging a fee for each count of a criminal offense N/A indigent
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ORDINANCE NO. 2024-005 <br />AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF <br />INDIAN RIVER COUNTY, FLORIDA AMENDING INDIAN RIVER COUNTY <br />CODE §305.11, IMPOSITION OF ADDITIONAL COURT COSTS IN CRIMINAL <br />CASES PURSUANT TO SECTION 939.185, FLORIDA STATUTES (2004), AS <br />AMENDED; PROVIDING FOR CODIFICATION, SEVERABILITY, REPEAL OF <br />CONFLICTING PROVISIONS, AND AN EFFECTIVE DATE. <br />WHEREAS, Indian River County currently imposes court costs of $65 when a person is <br />found guilty of a felony, misdemeanor or delinquent act, no matter how many counts the person <br />is found guilty of, as allowed by Florida Statute §939.185; and <br />WHEREAS, the statute provides that those funds collected must be allocated as follows: <br />•25% for local court funding <br />•25% for legal aid programs <br />•25% for law library funding <br />•25% to juvenile assessment centers and alternative programs; and <br />WHEREAS, the Board of County Commissioners wishes to impose the $65 court cost <br />for each count that a person pleads guilty or nolo contendere to, or is found guilty of, or <br />adjudicated delinquent for any felony, misdemeanor, delinquent act, or criminal traffic offense <br />under the Florida Statutes. <br />WHEREAS, the Board wishes to exempt those found indigent by the court from paying <br />these court costs as prescribed by Florida Statute §939.185. <br />NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY <br />COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT: <br />Section 1. Enactment Authority. <br />Article VIII, section 1 of the Florida Constitution and chapter 125, Florida Statutes vest broad <br />home rule powers in counties to enact ordinances, not inconsistent with general or special law, <br />for the purpose of protecting the public health, safety and welfare of the residents of the county. <br />The Indian River County Board of County Commissioners specifically determines that the <br />enactment of this ordinance is necessary to protect the health, safety and welfare of the <br />residents of Indian River County. <br />1
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