HomeMy WebLinkAbout1989-1402/06I89(SBORDI)LEGAL(SPB/nhm)
ORDINANCE NO. 89- 14
AN ORDINANCE OF INDIAN RIVER COUNTY,
FLORIDA, AMENDING CHAPTER 6 (COURTS) OF
THE CODE OF ORDINANCES OF INDIAN RIVER
COUNTY, FLORIDA, TO ADD ARTICLE III
ESTABLISHING THE DRUG ABUSE TRUST FUND;
PRO)[IDHVG-FOR AUTHOR-1-7f-fOR-ENACTM€NT OF
ARTICLE; PROVIDING FOR DEFINITIONS;
PROVIDING FOR CREATION AND ACCOUNTING OF
DRUG ABUSE TRUST FUND; PROVIDING FOR
EXPENDITURES; PROVIDING FOR
SEVERABILITY; PROVIDING FOR FILING WITH
THE DEPARTMENT OF STATE; PROVIDING FOR
AN EFFECTIVE DATE; ADOPTION; AND
CODIFICATION.
WHEREAS, the Board of County Commissioners of
Indian River County, Florida, has made the following
determinations:
1-.—Chap-ts-r- 2 5, F -I o r -i da St aT Ott es , au -t -ho r lz es t 4 s
Board to promulgate drug treatment and education programs.
2. The Board of County Commissioners of Indian
River County, Florida, has deemed that it is desirable to
establish a system for the collection of funds to
financially assist such drug treatment and education
programs.
3. Section 893.13, Florida Statutes, authorizes
courts to impose assessments, in addition to fines and other
penalties, authorized by law, against offenders who violate
criminal provisions relating to possession of and
trafficking in controlled substances.
4. Section 893.165, Florida Statutes, authorizes
tlie-Board of -County -Commissioner -s tu--e-s-tab-r sh a cLrug abuse
trust fund for the deposit of court -imposed assessments.
NOW, THEREFORE, BE IT ORDAINED by the Board of
County Commissioners of Indian River County, Florida:
SECTION 1.
Chapter 6 of the Code of Ordinances of Indian
River County, Florida, is amended by adding Article III
existing law; words underlined are additions.
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ORDINANCE NO, 89 -
after Section 6-24 to read as follows:
ARTICLE III. DRUG ABUSE TRUST FUND
Section 6-25. Authority for enactment of article.
Thisarticleis enacted pursuant to the authority
Ves-ted i -n the bea-rd o -f c-ou m y corririi-ss-i over s—b"-i-r-t e o f
Chapter -125,_ Florida Statutes_ Sections 893.13 and 893.165,
Florida Statutes.
Section 6-26. Definitions.
For the purpose of this article, the following
terms have only-thosemeanings ascribed to them.
Board of County Commissioners shall mean the board
ofcountycommissioners of Indian River County, Florida.
- --------------------------------
Clerk shall mean the Clerk of the Circuit Court
of Indian River County, Florida.
County shall mean _ the incorporated u and
unincorporated -areas _of- Indian _ River_ County, Florida_
Chief -Judge _ shall mean the Chief Judge --of
- -----------------------
F1-orida+s-N-irreteenth Judicial -District.
Defendant shall mean a person charged with a
criminal action pursuant to Chapter 893, Florida Statutes.
Section 6-27. Druq Abuse Trust Fund - Creation and
Accounti
(a) Pursuant to Section 893.13, Florida Statutes,
when any defendant, on or after the effective date of this
ordinance, is found guilty of, or pleads nolo contendere to,
a violation- of any provision of Chapter 893, Florida
Statutes, that is" punishable as a criminal offense, in
addition to any _fine _or_other penalty provided by _law, may
be--assessed-.an amount up to the amount of the fine
authorized for the violation. Such additional assessment
law and this Ordinance. Pursuant to said Section, the court
CODING: Words in $tfU6tlffhWlh type _are deletions from_
existing law; words underlined are additions.
PA
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ORDINANCE NO.
is authorized to order a defendant to pay such assessment if
it finds that the defendant has the ability _to_pay_the_fine
and the additional assessment, and the defendant will not be
preventedfrom__ being __ rehabilitated or from making
restitution.
(b) Once assessed, the Clerk will keep a record
of as-,es-smen-t s—and- t hosee a -s sessme r}t s s ha -I -I be c -o I�eT eddy
the Clerk. The Clerk shall forward all monies collected to
the Board of County_ Commissioners for deposit into a special
and separate fund titled The Drug _Abuse Trust Fund. Once
each month, the Board of County Commissioners shall require
a full report from the Clerk as to the amount -of -assessments
imposed by its courts and the amount of funds collected and
deposited_ into the Drug_ Abuse_ Trust_ Fund_
Section 6-28. Expenditures.
Monies_ deposited into the Drug Abuse Trust _Fund
shall be used to financiallyassist_ _ _ _ drugabusetreatmentand
_
education programs. In order to receive assistance grants
from _the _Drug Abuse Trust Fund, County drug_abuse _treatment
err eiduc_a-t i -on —pro rams shai_Ibe se -1 ect-ed_ as�=r,ogram
recipients _on -the -bas -is of selection procedures which shall
be -developed-by _the_ County—Administrator or his or her
designee. Such procedures shall include as a basis for
selection the success of the pro�cram __Final approval shall
be made by_ the Board .of County Commissioners upon
recommendation by the County Administrator or the designee,
and selections shall be made annually_
SECTION 2.
ConflictingProvisions.
In case of a conflict between the provisions of
this ordinance and prior ordinances, the prior ordinance
shall be deemed repealed to the extent of such conflict.
CODING: Words in $tfUlk10t6006 type are deletions from
existing law; words underlined are additions.
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ORDINANCE NO. 89-14
SECTION -3_
Severability.
If any section, or if any sentence, paragraph,
phrase, or word of this ordinance is for any reason held to
be - nsx+tuti-ona-I inopera-t;v-e-, or void, such ho -I -ding
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 4.
Incorporation in Code.
This ordinance shall be incorporated into the Code
of Ordinances of Indian River County 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 to accomplish such purposes.
SECTION -8_
Effective Date.
---------------
This ordinance shall become effective upon receipt
from the Secretary of State of the State of Florida of
official acknowledgment that this ordinance has been filed
with the Department of State.
Approved and adopted by the Board of County
Commissioners of Indian River County, Florida, on this 16th
day of May 1989.
This ordinance was advertised in the Vero Beach
Press -Journal on the 24th day of April , 1989, for a
public hearing to be held on the 16th day of _May ------,
1-9$9, art-which—time-t was--mov�o— as op— on by
CODING: Words in
existing law; words underlined are additions.
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ORDINANCE NO. 89-14 _
Commissioner Eertseconded by Commissioner
Scurlock-, and adopted by the following vote:
Chairman Gary C. Wheeler Aye
Vice Chairman Carolyn K. Eggert Aye
('nmm-i-ss-i-oner R-i--ha-rd-l-.-Lrd Ay -e
Commissioner Margaret C. Bowman Aye
Commissioner Don C. Scurlock, Jr. Aye
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER -COUNTY
FLORIDA
�/ y ,;
By 10� _�G✓%— a 4 r=
G-
ary Wheeler .CC .0iorman
i
Acknowledgment by the Department of State of ;the State' of
Florida, this 22nd day of _ Maw_______ 1989:<;
Effective date: Acknowledgment from the Departmeht of State
retie i ved—unYhls 25th—day o f NYa�-- ,�185; a t, 11-00
a.m./p.m. and filed in the Office of the Clerk of the Board
or County Commissioners of Indian River County, Florida.
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