HomeMy WebLinkAbout2007-028ORDINANCE NO. 2007- n2g
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA,
AMENDING EXISTING SECTION 305.11 OF THE CODE TO
INCLUDE "ADJUDICATED DELINQUENT FOR DELINQUENT
ACTS" AS A CATEGORY OF OFFENSES THAT MAY BE
ASSESSED THE ADDITIONAL COURT COSTS PURSUANT TO
FLORIDA STATUTES SECTION 939.185(1)(a)(2007); PROVIDING
FINDINGS; AMENDING SECTION 305.11 OF THE CODE TO ADD
"ADJUDICATED DELINQUENT FOR DELINQUENT ACTS" AS A
CATEGORY OF OFFENSES THAT MAY BE ASSESSED THE
ADDITIONAL COURT COSTS PURSUANT TO FLORIDA
STATUTES SECTION 939.185(1)(a); PROVIDING FOR REPEAL
OF OTHER CONFLICTING ORDINANCES; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF
INDIAN RIVER COUNTY; PROVIDING FOR FILING WITH THE
DEPARTMENT OF STATE; AND PROVIDING FOR AN
EFFECTIVE DATE.
BE IT ORDAINED by the Board of County Commissioners of Indian River
County, Florida, that:
PART I: AMENDMENT TO SECTION 305.11 OF THE CODE OF INDIAN RIVER
COUNTY, FLORIDA.
Section 1. FINDINGS.
It is hereby ascertained, determined, and declared that:
A. Indian River County adopted Ordinance No. 2004-019, codified in Chapter
305 of the Code, among other things, to implement, in Section 305.11, the newly -
created Florida Statutes section 939.185, (2004) to provide an additional funding
source for the court system to counties by allowing each county to adopt a county
ordinance assessing additional court costs, not to exceed $65.00; to be used to fund
innovations in the court system and local requirements under applicable Florida law; (2)
legal aid programs; (3) local law libraries; and (4) alternative juvenile programs, all as
more specifically set forth in Section 939.185, Florida Statutes (2004); and
B. The Florida Legislature has now amended Florida Statutes section
939.185(1) (a), effective July 1, 2007, to include "Adjudicated Delinquent for Delinquent
Acts" as a category of offenses that may be assessed the additional court costs
pursuant to Florida Statutes Section 939.185(1)(a)(2007)
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ORDINANCE NO. 2007-028
Section 2. AMENDMENTS TO SECTION 305.11. From and after the effective date of
this Ordinance, Section 305.11 of the Code shall be amended as follows:
Section 305.11. IMPOSITION OF ADDITIONAL COURT COSTS IN CRIMINAL
CASES PURSUANT TO SECTION 939.185, FLORIDA STATUTES (2004), as
amended.
Pursuant to the authority set forth in section 939.185, Florida Statutes (2004), as
amended, an additional court cost of Sixty -Five Dollars ($65.00) shall be imposed by the
courts in Indian River County when a person pleads guilty or nolo contendere to, or is
found guilty of, or adjudicated delinquent for, any felony, misdemeanor, delinquent act,
or criminal traffic offense under the Florida Statutes. The courts in Indian River County
shall order payment of these additional court costs in all matters as set forth in section
305.11 of this Ordinance, but may defer payment if the person against whom the cost is
imposed is indigent. The additional court cost authorized pursuant to section 939.185,
Florida Statutes (2004), as amended shall be collected by the Clerk and remitted to
Indian River County for use in accordance with Section 305.12 of the Code. this
OrdiRaRGe.
PART II: GENERAL PROVISIONS
SECTION 1: REPEAL OF CONFLICTING ORDINANCES. The provisions of any
other Indian River County ordinance that are inconsistent or in conflict with the
provisions of this Ordinance are repealed to the extent of such inconsistency or conflict.
SECTION 2. SEVERABILITY. It is declared to be the intent of the Board, that if any
section, subsection, sentence, clause, or provision of this Ordinance is held invalid, the
remainder of the Ordinance shall be construed as not having contained such section,
subsection, sentence, clause, or provision, and shall not be affected by such holding.
SECTION 3. INCLUSION INTO THE CODE OF ORDINANCES. It is the intent of the
Board that the provisions of this ordinance shall become and be made part of the Indian
River County Code of Ordinances and that the sections of this ordinance may be
renumbered or relettered.
SECTION 4. FILING WITH DEPARTMENT OF STATE; EFFECTIVE DATE. A
certified copy of this Ordinance shall be filed with the Department of State by the Clerk
to the Board immediately after adoption of this Ordinance. This Ordinance shall
become effective on filing with the Department of State.
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ORDINANCE NO. 2007-028
This Ordinance was advertised in the Vero Beach Press Journal on July 12, 2007, for a
public hearing to be held on July 24, 2007. During the July 24, 2007, public hearing,
this Ordinance was moved for adoption by Commissioner 0' Bryan and
seconded by Commissioner Wheel er , and adopted by the following vote:
Chairman Gary C. Wheeler Aye
Vice -Chairman Sandra L. Brown Aye
Commissioner Wesley S. Davis Absent
Commissioner Joseph E. Flescher Aye
Commissioner Peter D. O'Bryan Aye
DULY PASSED AND ADOPTED THIS 24th DAY OF JULY, 2007.
Attest: J. K. arton, Clerk
BY
Deputy Clerk
INDIAN RIVER COUNTY BOARD OF
COUNTY COMMISSIONERS
By:
Gary heeler, Chairman
proved:
1%
ZP
eph A. gird, County Administrator
roved as to form
gal sufficiency:,
Marian E. rell
Assistant County Attorney
EFFECTIVE DATE: This Ordinance was filed with the Department of State on the
.3 i5r day of July, 2007, and becomes effective on July 3 1 , 2007.
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