The URL can be used to link to this page

Home My WebLink About2004-019ORDINANCE NO. 2004- 019 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, CONCERNING COURT COSTS; PROVIDING FINDINGS; PROVIDING A TITLE AND CITATION; REPEALING PARTS I (GENERAL), II (FAMILY MEDIATION AND CONCILIATION SERVICES), IV (D.U.I. IMPOUNDMENT AND IMMOBILIZATION TRUST FUND), AND V (TEEN COURT TRUST FUND) OF CHAPTER 305, COURTS, OF THE CODE OF INDIAN RIVER COUNTY; PROVIDING FOR LIMITED CONTINUED FUNDING OF EXISTING PROGRAMS U NDER CHAPTER 305; AMENDING AND RESTATING THE P ROVISIONS OF PARTS III (DRUG ABUSE TRUST FUND) AND VI (TRAFFIC EDUCATION PROGRAM TRUST FUND) OF CHAPTER 305; CREATING NEW PARTS OF CHAPTER 305 PROVIDING FOR THE IMPOSITION AND THE ALLOCATION OF ADDITIONAL COURT COSTS IN CRIMINAL CASES PURSUANT TO FLORIDA STATUTES SECTION 939.185; PROVIDING FOR THE IMPOSITION AND THE ALLOCATION OF A SURCHARGE ON N ON -CRIMINAL TRAFFIC INFRACTIONS OR VIOLATIONS, OR CRIMINAL VIOLATIONS PURSUANT TO FLORIDA STATUTES S ECTION 318.18(13)(a); PROVIDING FOR THE ALLOCATION OF FUNDS RECEIVED FROM THE COURT COSTS IMPOSED ON N ON -CRIMINAL TRAFFIC INFRACTIONS OR VIOLATIONS PURSUANT TO FLORIDA STATUTES SECTION 318.18(11)(c); P ROVIDING FOR THE IMPOSITION AND THE ALLOCATION OF ADDITIONAL COURT COSTS ON NON -CRIMINAL TRAFFIC INFRACTIONS OR VIOLATIONS PURSUANT TO FLORIDA STATUTES SECTION 318.18(11)(d); PROVIDING FOR THE ALLOCATION OF ADDITIONAL COURT COSTS IMPOSED ON CRIMINAL CASES PURSUANT TO FLORIDA STATUTES S ECTION 775.083(2); PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; P ROVIDING FOR INCLUSION IN THE CODE OF INDIAN RIVER COUNTY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; AND PROVIDING FOR AN EFFECTIVE DATE. B E IT ORDAINED by the Board of County Commissioners of Indian River County, Florida, that: PART I: AMENDED AND RESTATED CHAPTER 305 OF THE CODE OF INDIAN RIVER COUNTY, FLORIDA. S ection 305.01. FINDINGS. It is hereby ascertained, determined and declared t F:\attorney\mef\courts\ORDINANCE for ARTICLE V COSTS.doc COPIES TO: DATE: haADMIN: BCC: LEGAL: PROP. APP: I/A{ l A� I/ r 1 1 A. On November 3, 1998, the voters of Florida adopted Revision 7 to the Florida Constitution to amend Article V of the Florida Constitution to address the problem of disparate court funding throughout the separate counties of Florida; and B . During the 2003 session of the Legislature, the Legislature amended various provisions of the Florida Statutes to comply with the requirements of Revision 7 by enacting Chapter 2003- 402, Laws of Florida; and C. After review, during the 2004 session, the Legislature further amended various provisions of the Florida Statutes by enacting Chapter 2004-265, Laws of Florida, to provide a more equitable distribution of responsibility for funding the court system; and E . In Chapter 2004-265, Laws of Florida, the Florida Legislature created Section 939.185, Florida Statutes (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; and F. The additional funding allowed in section 939.185, Florida Statutes (2004) must be used for: (1) funding innovations in the court system and local requirements under section 29.008(2)(a)2, Florida Statutes (2004); (2) legal aid programs; (3) local law libraries; and (4) alternative juvenile programs including Teen Court, all as more specifically set forth in Section 939.185, Florida Statutes (2004); and G. Funding innovations in the court system; local law libraries; and alternative juvenile programs including Teen Court are programs that Indian River County has consistently supported through court costs based on their value to the community; and H . Funding legal aid programs is now considered a local requirement, pursuant to subparagraph (2)(a)1 of section 29.008, Florida Statutes (2004); and I. The additional funds allowed by section 939.185, Florida Statutes (2004) are necessary for the court systems in Indian River County to maintain their high level of service to the Indian River County community; and F:\attorney\mef\courts\ORDINANCE for ARTICLE V COSTS.doc 2 J. Further, in both chapter 2003-402, Laws of Florida and Chapter 2004-265, Laws of Florida, the Florida Legislature amended section 318.18, Florida Statutes (2004), to provide an additional funding source to counties through the imposition of a surcharge; and K . Section 318.18, Florida Statutes (2004) allows each county to adopt a county ordinance assessing a surcharge not to exceed $15.00 for any non -criminal traffic violation and criminal violations of section 318.17, Florida Statutes (2003); and L. The additional funding pursuant to section 318.18, Florida Statutes (2004) must be used to fund State court facilities; and M. The additional funds allowed by section 318.18, Florida Statutes (2004) are necessary in order for the court systems in Indian River County to maintain their high level of service to the Indian River County community; and N . Indian River County must repeal Parts I, II, IV, and V of Chapter 305 of the Code of Indian River County to comply with the requirements of Chapter 2003-402, Laws of Florida, and Chapter 2004-265, Laws of Florida; and O. Indian River County desires to amend and restate the provisions of former Part III of Chapter 305 of the Code of Indian River County with respect to the drug abuse trust fund and former Part VI of Chapter 305 of the Code of Indian River County with respect to the traffic education program trust fund; and P . Indian River County desires to codify and allocate the various costs, surcharges, and assessments imposed by the court system for the benefit of the Indian River County community that Indian River County may receive pursuant to the various Florida Statutes that implement Revision 7. S ection 305.02. TITLE AND CITATION. This Ordinance shall be known and may be cited as the "Indian River County Court Costs Ordinance," Chapter 305 of the Code of Indian River County. F:\attorney\mef\courts\ORDINANCE for ARTICLE V COSTS.doc 3 S ection 305.03. REPEAL. All sections of Parts I (General), 11 (Family Mediation and Conciliation Services), IV (D.U.I. Impoundment and Immobilization Trust Fund), and V (Teen Court Trust Fund) of Chapter 305 of the Code of Indian River County are hereby repealed. S ection 305.04. SAVINGS CLAUSE. P ursuant to section 94 of Chapter 2004-265, Laws of Florida, on July 1, 2004, all cash balances within county funds previously established in Chapter 305 of the Code of Indian River County to provide dedicated funding to benefit specific court -related programs shall be used to fund these programs after July 1, 2004, until those funds are depleted. This saving clause shall, without limitation, apply to the court facilities fund; the mediation -arbitration account fund; and the family mediation account fund established in former section 305.24 of the Code of Indian River County. PART II: AMENDING AND RESTATING PROVISIONS REGARDING THE DRUG ABUSE TRUST FUND OF FORMER PART III OF CHAPTER 305 AND THE TRAFFIC EDUCATION P ROGRAM TRUST FUND OF FORMER PART VI OF CHAPTER 305 OF THE CODE OF INDIAN RIVER COUNTY, FLORIDA. S ection 305.05. RENAMING OF INDIAN RIVER COUNTY ALCOHOL AND OTHER D RUG ABUSE TRUST FUND. P ursuant to the authority set forth in section 893.165, Florida Statutes (2003), Indian River County hereby renames the former drug abuse trust fund, created by Ordinance No. 91-52 adopted December 17, 1991, and codified in former Part III, sections 305.25 through and including 305.28, as the "Indian River County Alcohol and Other Drug Abuse Trust Fund". S ection 305.06. COURT ASSESSMENT FOR ALCOHOL AND OTHER DRUG ABUSE P ROGRAMS. On and after the effective date of this Ordinance, and pursuant to sections 938.21, 938.23 and 893.165, Florida Statutes (2003), the courts in Indian River County may assess, for alcohol F:\attorney\mef\courts\ORDINANCE for ARTICLE V COSTS.doc 4 and other drug abuse programs, any person who pleads guilty or nolo contendere to, or is convicted of, a violation of any provision of Chapter 893, Florida Statutes (2004) or that involves a criminal violation of sections 316.193, 856.011, or 856.015, Florida Statutes (2003), or Chapter 562, Chapter 567, or Chapter 568, Florida Statutes (2003), in addition to any fine and other penalty provided by law, a court cost in an amount up to the amount of the fine authorized for the violation if the court finds that the person has the ability to pay the fine and the additional assessment and will not be prevented thereby from being rehabilitated or from making restitution. Section 305.07. ACCOUNTING AND USES OF INDIAN RIVER COUNTY ALCOHOL AND OTHER DRUG ABUSE TRUST FUND. 1. All assessments authorized by section 305.06 of this Ordinance shall be collected by the Clerk of the Circuit Court of Indian River County ("Clerk") and remitted to Indian River County for deposit into the Indian River County Alcohol and Other Drug Abuse Trust Fund for the purpose of providing assistance grants to drug abuse treatment or alcohol treatment or education programs as provided in section 893.165, Florida Statutes (2003). Pursuant to section 893.165(2), Florida Statutes (2003), the Board shall require a full report from the Clerk once each month of the amount of such assessments imposed by the courts. 2. To receive assistance grants from the Indian River County Alcohol and Other Drug Abuse Trust Fund, county alcohol and other drug abuse prevention, treatment, or education programs shall be designated by the Board as the chosen program recipients. Such designations shall be made annually, based on success of the programs. 3. An alcohol and other drug abuse treatment or education program recipient shall, in seeking assistance grants from the Indian River County Alcohol and Other Drug Abuse Trust Fund, provide the Board with detailed financial information and requests for expenditures. F:\attorney\mef\courts\ORDINANCE for ARTICLE V COSTS.doc 5 S ection 305.08. RE-ESTABLISHMENT OF TRAFFIC EDUCATION PROGRAM TRUST P ursuant to the authority set forth in section 318.1215, Florida Statutes (2003), known as the "Dori Slosberg Driver Education Safety Act", and Ordinance No. 2002-026, adopted August 20, 2002, Indian River County hereby re-establishes the Indian River County Traffic Education Program Trust Fund. S ection 305.09. COURT ASSESSMENT FOR TRAFFIC EDUCATION PROGRAM TRUST FUND_ On and after the effective date of this Ordinance, and pursuant to section 318.1215, Florida Statutes (2003), the Clerk shall collect an additional Three Dollars ($3.00) with each civil traffic penalty assessed in the county. The collection of such additional Three Dollars ($3.00) shall not be waived. The assessment authorized pursuant to section 318.1215, Florida Statutes (2003) shall be collected by the Clerk and remitted to Indian River County for deposit into the Indian River County Traffic Education Program Trust Fund. S ection 305.10. USES AND PURPOSES OF TRAFFIC EDUCATION PROGRAM TRUST Funds deposited into the Indian River County Traffic Education Program Trust Fund shall be used to fund traffic education programs in public and nonpublic schools. The funds shall be used for direct educational expenses and shall not be used for administration. The Board shall administer the funds deposited into the Indian River County Traffic Education Program Trust Fund. The Board shall award annual grants from funds deposited into the Indian River Traffic Education Program Trust Fund to public and nonpublic schools for traffic education programs in such public and nonpublic schools, based on an application and selection procedure administered by the county administrator or his designee. F:\attorney\mef\courts\ORDINANCE for ARTICLE V COSTS.doc 6 PART 111: CREATING NEW PARTS OF CHAPTER 305 OF THE CODE OF INDIAN RIVER COUNTY, FLORIDA. Section 305.11. IMPOSITION OF ADDITIONAL COURT COSTS IN CRIMINAL CASES PURSUANT TO SECTION 939.185, FLORIDA STATUTES (2004). Pursuant to the authority set forth in section 939.185, Florida Statutes (2004), 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, any felony, misdemeanor, 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) shall be collected by the Clerk and remitted to Indian River County for use in accordance with Section 305.12 of this Ordinance. Section 305.12. USES OF ADDITIONAL COURT COSTS IN CRIMINAL CASES. 1. Funds received from the additional court cost set forth in section 305.11 of this Ordinance shall be distributed as follows: (A). Twenty-five percent (25%) shall be remitted to fund innovations to supplement funding for the State court system in Indian River County consistent with Section 29.004, Florida Statutes (2004) and to fund local requirements consistent with Section 29.008(2)(a) 2, Florida Statutes (2004). (B). Twenty-five percent (25%) shall be remitted to assist in providing legal aid programs in Indian River County consistent with section 29.008(3), Florida Statutes (2004). (C). Twenty-five percent (25%) shall be remitted to fund personnel and legal materials for the public as part of law libraries in Indian River County. F:\attorney\mef\courts\ORDINANCE for ARTICLE V COSTS.doc 7 (D). Twenty-five percent (25%) of the amount collected shall be used as determined by the Board of County Commissioners to support Teen Court programs, juvenile assessment centers, and other juvenile alternative programs. 2. In accordance with section 939.185, Florida Statutes (2004), Indian River County shall report the amount of funds collected pursuant to section 305.11 of this Ordinance and an itemized list of expenditures for all authorized programs and activities. The report shall be submitted in a format developed by the Supreme Court 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. In accordance with section 939.185, Florida Statutes (2004), any unspent funds at the close of the Indian River County fiscal year allocated under subsections 1 (B), (C), and (D) of section 305.12 of this Ordinance shall be transferred for use pursuant to subsection 1 (A) of section 305.12 of this Ordinance. Section 305.13. IMPOSITION OF SURCHARGE IN NON -CRIMINAL TRAFFIC CASES PURSUANT TO SECTION 318.18(13)(a), FLORIDA STATUTES (2004). Pursuant to the authority set forth in section 318.18(13)(a), Florida Statutes (2004), every person who pays a fine or civil penalty for any violation of a non -criminal traffic infraction pursuant to Chapter 318 of the Florida Statutes and every person who pleads guilty or nolo contendere to or is convicted of, regardless of adjudication, a violation of a non -criminal traffic infraction or a criminal violation of section 318.17, Florida Statutes (2003) shall be assessed a surcharge of Fifteen Dollars ($15.00). A non -criminal traffic infraction is defined in section 318.14(1), Florida Statutes (2004). The courts in Indian River County shall order payment of the surcharge imposed under section 305.13 of this Ordinance in all matters subject to this Ordinance and the Clerk shall add this surcharge to all payments of fines or civil penalties for any violation of a non -criminal traffic infraction. The surcharge collected pursuant to section 318.18(13)(a), Florida Statutes (2004), F:\attorney\mef\courts\ORDINANCE for ARTICLE V COSTS.doc 8 shall be collected by the Clerk and remitted to Indian River County for use in accordance with Section 305.14 of this Ordinance. S ection 305.14. USES OF FUNDS RECEIVED FROM THE SURCHARGE IN NON- CRIMINAL TRAFFIC CASES. The funds collected pursuant to section 305.13 of this Ordinance shall be used to fund state court facilities in accordance with section 318.18(13)(a), Florida Statutes (2004) and in accordance with the direction of the Board. Section 305.15. ALLOCATION OF FUNDS RECEIVED FROM COURT COSTS IMPOSED ON NON -CRIMINAL TRAFFIC INFRACTIONS OR VIOLATIONS PURSUANT TO SECTION 318.18 (11)(c) FLORIDA STATUTES (2004) P ursuant to the authority set forth in section 318.18 (11)(c), Florida Statutes (2004), an additional Two Dollar and Fifty Cents ($2.50) court cost must be paid for each non -criminal traffic infraction or violation that is disposed pursuant to section 318.14, Florida Statutes (2004). The additional court cost collected pursuant to section 318.18 (11)(c), Florida Statutes (2004) shall be collected by the Clerk, deposited into the Criminal Justice Education and Training Trust Account, and remitted to the Indian River County Sheriff to help pay for criminal justice education and training programs in accordance with section 938.15, Florida Statutes (2004). S ection 305.16. IMPOSITION OF ADDITIONAL COURT COSTS ON NON -CRIMINAL TRAFFIC INFRACTIONS OR VIOLATIONS PURSUANT TO SECTION 318.18 (11)(d), FLORIDA STATUTES (2004). P ursuant to the authority set forth in section 318.18(11)(d), Florida Statutes (2004) and section 938.15, Florida Statutes (2003), an additional Two Dollar ($2.00) court cost is hereby imposed, re -imposed, and assessed on each non -criminal traffic infraction or violation that is disposed pursuant to section 318.14, Florida Statutes (2004). F:\attorney\mef\courts\ORDINANCE for ARTICLE V COSTS.doc Section 305.17. ALLOCATION OF FUNDS RECEIVED FROM ADDITIONAL COURT COSTS ON NON -CRIMINAL TRAFFIC INFRACTIONS OR VIOLATIONS PURSUANT TO SECTION 318.18 (11)(d), FLORIDA STATUTES (2004). P ursuant to section 318.18(11)(d), Florida Statutes (2004), the additional court cost imposed under section 305.16 of this Ordinance shall be collected by the Clerk, deposited into the Criminal Justice Education and Training Trust Account, and remitted to the Indian River County Sheriff to help pay for criminal justice education degree programs and training courses programs in accordance with section 938.15, Florida Statutes (2003). S ection 305. 18. ALLOCATION OF ADDITIONAL COURT COSTS IMPOSED ON CRIMINAL CASES PURSUANT TO SECTION 775.083, FLORIDA STATUTES (2004). P ursuant to the authority set forth in section 775.083(2), Florida Statutes (2004), in addition to the fines set forth in subsection (1) of section 775.083(2) Florida Statutes (2004), court costs shall be assessed and collected in each instance a person pleads nolo contendere to, or is convicted of, or adjudicated delinquent for, a felony, a misdemeanor, or a criminal traffic offense under state law, or a violation of any municipal or county ordinance if the violation constitutes a misdemeanor under state law. As set forth in section 775.083(2), Florida Statutes (2004), the court costs imposed shall be Fifty Dollars ($50) for a felony and Twenty Dollars ($20) for any other offense and shall be collected by the Clerk and remitted to Indian River County for use in accordance with Section 305.18 of this Ordinance. Indian River County shall account for the funds received under section 305.18 of this Ordinance separately from other Indian River County funds as crime prevention funds. Indian River County, in consultation with the Indian River County Sheriff, must expend such funds for crime prevention programs in Indian River County, including, without limitation, safe neighborhood programs under sections 163.501-163.523, Florida Statutes (2003). F:\attorney\mef\courts\ORDINANCE for ARTICLE V COSTS.doc 10 S ection 305.19. 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 305.20. SEVERABILITY. It is declared to be the intent of the Board, that if any section, subsection, sentence, clause, o r provision of this Ordinance is held invalid, the remainder of the Ordinance shall be construed as n ot having contained such section, subsection, sentence, clause, or provision, and shall not be affected by such holding. S ection 305.21. 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 305.22. 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, and this Ordinance shall take effect on July 1, 2004. (remainder of page intentionally left blank) F:\attorney\mef\courts\ORDINANCE for ARTICLE V COSTS.doc 11 This Ordinance was advertised in the Vero Beach Press Journal on June 11, 2004, for a public hearing to be held on June 22, 2004. During the June 22, 2004, public hearing, this Ordinance was moved for adoption by Commissioner Adams , and seconded by Commissioner Neuberger , and adopted by the following vote: Chairman Caroline D. Ginn Vice Chairman Arthur R. Neuberger Commissioner Fran B. Adams Commissioner Kenneth R. Macht Commissioner Thomas S. Lowther Ay P Aye Aye Aye Aye DULY PASSED AND ADOPTED THIS 22ND DAY OF JUNE, 2004. Attest: J. K. Ban_ rto g BY Beputy.Clerk j Approved:',. • Jos h A. B -'r• Coup y Administrator INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS BY fw• Caroline D. Ginn, C airman ved as to form and -gal sufficiency: Assistant County Attorney EFFECTIVE DATE: This Ordinance was filed with the Department of State on the a4- day of June, 2004, and becomes effective on July 1, 2004. F:\attorney\mef\courts\ORDINANCE for ARTICLE V COSTS.doc 12