HomeMy WebLinkAbout1996-198 ! � / 96 (ord \ teenct . dock Caw
ORDINANCE 96- 1 g
AN ORDINANCE OF INDIAN RIVER COUNTY,
FLORIDA, TO PROVIDE FUNDING FOR THE INDIAN
RIVER COUNTY TEEN COURT THROUGH
ADDITIONAL MANDATORY ASSESSMENT OF FINES
AGAINST EVERY PERSON CONVICTED OR HAS
HAD AN ADJUDICATION WITHHELD FOR A
VIOLATION OF A CRIMINAL STATUTE, CERTAIN
TRAFFIC OFFENSES, A HANDICAPPED PARKING
VIOLATION, OR A VIOLATION OF CERTAIN
MUNICIPAL OR COUNTY ORDINANCE.
WHEREAS, the Board of County Commissioners of Indian River
County, Florida, is authorized by Section 775.0833, Florida Statutes
( County Delinquency Prevention Fines) , to adopt a mandatory additional
court cost of three dollars ($3.00) to be used for the operation and
administration of a Teen Court, with said court costs to be assessed in
specific cases; and
WHEREAS, the Clerk of Indian River County Court is authorized to
collect and deposit the assessments collected pursuant to Section
775.0833, Florida Statutes, in appropriate, designated account -for
disbursement to the Teen Court.
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COMMISSIONERS OF INDIAN RIVER COUNTY, that:
SECTION 1. AMENDMENT T.
Part V. Teen Court Trust Fund
Section 305.40. Assessment of Court Costs.
The Court (both county and circuit) shall assess court costs of three
dollars ($3.00) per case, in addition to any other authorized cost or
fine, against every person who pleads guilty or nolo contendre to, or is
ORDINANCE NO. 96- 19
convicted of, regardless of adjudication, a violation of a state criminal
statute or a municipal ordinance 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 pursuant to the provisions of
Section 318.14(9) or (10) , Florida Statutes, shall also be assessed such
cost. The assessment shall not be deducted from the proceeds of that
portion of any fine or civil penalty which is received by a municipality
in the county or by the county in accordance with Sections 316.660 and
318.21, Florida Statutes, The assessment shall specifically be added to
any civil penalty paid for a violation of Chapter 316, Florida Statutes,
whether such penalty is paid by mail, paid in person without request
for hearing, or paid after hearing and determination by the Court.
However, the assessment shall not be made against a person for a
violation of any state statutes, county ordinance or municipal ordinance
relating to the parking of vehicles, with the exception of the
handicapped parking laws.
Section 305.41. Creation of Funds.
The Clerk of the Court shall establish a Teen Court Trust Fund, to be
used to fund the operation and administration of the Teen Court, under
the direction of the Court Administrator and the supervision of the
Chief Judge of the Nineteenth Judicial Circuit. The Clerk of the Court
shall collect and deposit the assessments collected pursuant to this
section and shall remit the same to the Teen Court monthly, less 5
percent, which is to be retained as fee income of the office of the
circuit court .
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ORDINANCE NO. 96-19
SECTION 2. SEVERABILITY.
If any section, or any sentence, paragraph, phrase, or word of
this ordinance is for any reason held to be unconstitutional,
inoperative, or void, such holding shall not affect the remaining
portions of this ordinance, and it shall be construed to have been the
legislative intent to pass the ordinance without such unconstitutional,
invalid or inoperative part.
SECTION 3. EFFECTIVE DATE.
A certified copy of this ordinance, as enacted, shall be filed by
the Clerk with the Office of the Secretary of State of the state of
Florida within ten days after enactment, and this ordinance shall take
effect upon filing with the Secretary of State.
Approved and adopted by the Board of County Commissioners of
Indian River County, Florida, on this 3 day of September, 19960
This ordinance was advertised in the Vero Beach Press -Journal on
the 19 day of August 1996, for a public hearing to be held on
the 3 day of September 1996, at which time it was moved for
adoption by Commissioner Bird seconded by Commissioner
Eggert and . adopted by the following vote
Chairman Fran B. Adams A y e
Vice Chairman Carolyn K. Eggert Aye
Commissioner Richard N. Bird Aye
Commissioner Kenneth R. Macht N a y
Commissioner John W. Tippin Aye
The Chairman thereupon declared the ordinance duly passed and
adopted this 3 day of September, 19960
Attest,:, i
ORDINANCE NO. 96- 19
BOARD OF COUNTY COMMISSION
INDIAN RIVER COUNTY, FLORIDA
vie
Nzkj By (*'0jdG000
:e -A re. Barton- erk Fran B . Adams, Chairman
Effe6t ve. ,date:;c�" This ordinance became effective upon filing with the
Departm'6nt`of,.,State which took place on 9th day of September
19960
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