HomeMy WebLinkAbout2024-005ORDINANCE NO. 2024-005
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA AMENDING INDIAN RIVER COUNTY
CODE §305.11, IMPOSITION OF ADDITIONAL COURT COSTS IN CRIMINAL
CASES PURSUANT TO SECTION 939.185, FLORIDA STATUTES (2004), AS
AMENDED; PROVIDING FOR CODIFICATION, SEVERABILITY, REPEAL OF
CONFLICTING PROVISIONS, AND AN EFFECTIVE DATE.
WHEREAS, Indian River County currently imposes court costs of $65 when a person is
found guilty of a felony, misdemeanor or delinquent act, no matter how many counts the person
is found guilty of, as allowed by Florida Statute §939.185; and
WHEREAS, the statute provides that those funds collected must be allocated as follows:
•25% for local court funding
•25% for legal aid programs
•25% for law library funding
•25% to juvenile assessment centers and alternative programs; and
WHEREAS, the Board of County Commissioners wishes to impose the $65 court cost
for each count that 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.
WHEREAS, the Board wishes to exempt those found indigent by the court from paying
these court costs as prescribed by Florida Statute §939.185.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT:
Section 1. Enactment Authority.
Article VIII, section 1 of the Florida Constitution and chapter 125, Florida Statutes vest broad
home rule powers in counties to enact ordinances, not inconsistent with general or special law,
for the purpose of protecting the public health, safety and welfare of the residents of the county.
The Indian River County Board of County Commissioners specifically determines that the
enactment of this ordinance is necessary to protect the health, safety and welfare of the
residents of Indian River County.
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ORDINANCE NO. 2024-005
Section 2. Amendment of Section 305.11 .
New language indicated by underline, and deleted language indicated by strikethrough.
Section 305.11 Imposition of additional court costs in criminal cases pursuant to Section
939.185, Florida Statutes (2004), as amended. of the Code of Indian River County, Florida is
hereby amended to read 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 each count of, 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
chapter, but shall 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.
(Ord. No. 2004-019, 6-22-04; Ord. No. 2007-028, § 2, 7-24-07)
* * *
Section 3. Codification. It is the intention of the Board of County Commissioners that the
provision of this ordinance shall become and be made part of the Indian River County Code,
and that the sections of this ordinance may be renumbered or re-lettered and the word
ordinance may be changed to section, article or such other appropriate word or phrase in order
to accomplish such intention.
Section 4. Severability. If any part of this ordinance is held to be invalid or unconstitutional
by a court of competent jurisdiction, the remainder of this ordinance shall not be affected by
such holding and shall remain in full force and effect.
Section 5. Conflict. All ordinances or parts of ordinances in conflict herewith are hereby
repealed.
Section 6. Effective Date. This ordinance shall become effective upon filing with the
Secretary of State.
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ORDINANCE NO. 2024-005
This ordinance was advertised in the Indian River Press Journal on the 9th day of February,
2024, for a public hearing to be held on the 20th day of February, 2024, at which time it was
moved for adoption by Commissioner Flescher , seconded by Commissioner
Ea.man , and adopted by the following vote:
Chairman Susan Adams
Vice Chairman Joseph E. Flescher
Commissioner Joseph H. Earman
Commissioner Deryl Loar
Commissioner Laura Moss
AYE
AYE AYE
AYE
AYE
The Chairman thereupon declared the ordinance duly passed and adopted this 20th day of
February, 2024.
ATTEST: Ryan L. Butler, Clerk
and Co troller
By: __._��!!!,,,d._--=-l=:::...-=-=1.L.!W:..::__
Approved as to form and
::1fJCl _{}Jlj} William K. DeBraal, County Attorney
,;;.,,/
EF FECTIVE DATE: This Ordinance was filed with the Department of State on the c?-/ day of
February, 2024.
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