Ordinance 2002-10 ORDINANCE NO. 2002- ]- 0
__e'b~AN ORDINANCE OF THE BOARD OF COUNTY
~ COMMISSIONERS OF COLLIER COUNTY, FLORIDA
PROVIDING FOR FUNDING FOR THE COLLIER COUNTY TEEN
COURT PROGRAM; PROVIDING FOR FINDINGS OF FACT AND
PURPOSE; PROVIDING FOR ASSESSMENTS IMPOSED;
PROVIDING FOR DISTRIBUTION OF FUNDS COLLECTED;
PROVIDING FOR EXPENDITURE AND MANAGEMENT OF
FUNDS BUDGETED; PROVIDING FOR AMENDMENTS TO
SECTION 938.19, FLORIDA STATUTES; PROVIDING FOR
CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION
IN THE CODE OF LAWS AND ORDINANCES; PROVIDING~
EFFECTIVE DATE. >
WHEREAS, Collier County, in 1999, through the Office of Court :Adminii~ation_..ofor
Twentieth Judicial Circuit in and for Collier County, created the Collier County "~ C~rt"
the sentencing of juvenile misdemeanor offenders by a body of their peers; and :~'"
WHEREAS, Florida Statutes, Chapter 938, Court Costs, in Part III, entitled "Mandatory
Court Costs Authorized by Local Governmental Entities", authorizes an additional three dollar
($3.00) cost to be assessed on specified criminal and civil cases filed in Circuit and County Court
to fund the operation and administration of Teen Court; and
WHEREAS, the Board of County Commissioners of Collier County, Florida deems it
appropriate and in the best interest of the public health, safety and welfare to adopt this
Ordinance to impose a mandatory court cost assessment for the funding of Teen Court.
NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE.'. FINDINGS OF FACT AND PURPOSE
(1) Teen Court is a highly effective court diversion program where participating
youthful offenders are diverted from further delinquency by being encouraged to take
responsibility for their actions and positively contribute to their community.
(2) Teen Court also serves as an educational program about the court system as it
exposes teen volunteers to community service work, positive role models, and the judicial
process.
(3) Florida Statutes, Chapter 938, Court Costs, in Part III, Mandatory Court Costs
Authorized by Local Governmental Entities, authorizes an additional three dollar ($3.00) cost to
be assessed on specified criminal and civil cases filed in Circuit and County Court to fund the
operation and administration of Teen Court.
SECTION TWO: ASSESSMENTS IMPOSED
(1) Pursuant to Section 938.19, Florida Statutes, which is incorporated herein by
reference into this Ordinance, a three dollar ($3.00) assessment shall be charged as a court cost
by both the Collier County Circuit Court and the Collier County County Court against every
person who pleads guilty or nolo contendere to, or is 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.
(2) Any person whose adjudication is withheld pursuant to the provisions of Section
318.14(9) or Section 318.14(10), F.S., shall also be assessed the three dollar ($3.00) court cost.
(3) The three dollar ($3.00) assessment for court costs shall be in addition to any fine,
civil penalty or other court cost and shall not be deducted from the proceeds of that portion of
any fine or civil penalty which is received by a municipality in Collier County or by Collier
County in accordance with Sections 316.660 and 318.21, Florida Statutes.
(4) The three dollar ($3.00) assessment shall be specifically added to any civil
penalty paid for a violation of chapter 316, whether such penalty is paid by mail, paid in person
without request for hearing, or paid after hearing and determination by the court.
(5) However, the three dollar ($3.00) assessment shall not be made against a person
for the violation of any state statutes, county ordinance, or municipal ordinance relating to the
parking of vehicles, with the exception of a violation of the handicapped parking laws, which are
set forth in 316.1955, Florida Statutes.
(6) Court costs accessed pursuant to Section 938.19, Florida Statutes shall be limited
to a three dollar ($3.00) assessment per case. These court costs are mandatory costs and are not
required to be orally announced at sentencing.
SECTION THREE.' DISTRIBUTION OF FUNDS COLLECTED
(1) The Clerk of the Circuit Court in Collier County ("Clerk") shall collect the
respective three-dollar ($3.00) assessments for court costs established by Section Two. The
Clerk shall retain five percent (5%) of the total monthly assessment for court costs so collected
as fee income for administration.
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(2) All funds collected pursuant to this Ordinance shall be used for the exclusive
purpose of conducting the Collier County Teen Court program as set forth in Section Four,
below, and shall be deposited into a fund established by the Clerk specifically for the operation
and administration of the Collier County Teen Court program as set forth in Section Four, below.
SECTION FOUR:. EXPENDITURE AND MANAGEMENT OF FUNDS BUDGETED
The Court Administrator or his designee shall, in accordance with Section 938.19,
Florida Statutes, and with the budget adopted by the Collier County Board of Commissioners,
have the authority to provide for the expenditure of funds remitted to the Collier County Teen
Court program.
SECTION FIVE:. AMENDMENTS TO SECTION 938.19, FLORIDA STATUTES
Amendments to Section 938.19, Florida Statutes, if any, shall be deemed automatically
included by reference, as of the effective date of the respective amendment(s), unless: the Board
of County Commissioners is required to make a decision with regard to the amendment; or the
amendment(s) delegates a discretionary (local option) decision to the Board of County
Commissioners and the Board of County Commissioners determines that the discretionary (local
option) provision(s) shall not apply within Collier County, or shall apply within Collier County
only as locally modified by the Board of County Commissioners.
SECTION SIX.'. CONFLICT AND SEVERABILITY
In the event this Ordinance conflicts with any other ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct, and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION SEVEN.' INCLUSION IN THE CODE OF LAWS AND ORDINANCES
The provisions of this Ordinance shall become and be made a part of the Code of Laws
and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or
re-lettered to accomplish such, and the word "ordinance" may be changed to "section", "article",
or any other appropriate word.
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SECTiON EIGHT~: EFFECTIVE DATE.
A certified copy of this ordinance shall be filed with the Department of State by the Clerk
of the Board of Collier County Commissioners within (10) days after enactment by the Collier
County Board of Commissioners, and shall take effect June 1, 2002.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this ~ day of __~.~ee~, 2002.
~ ~.... ~.~x~ST~--.
- "- 'Dwi'gb_[ EL.Brock, Clerk
..- . ' I ~ , ex'..~~ ~'0
Approved as to form and legal
sufficiency:
A. peOio
Assistant Coddty Attorney
BOARD OF COUNTY COMMISSIONERS
BylF~RIDA
James N. Coletta, Chairman
This ordinance filed with the
Secretory of S[ate's Office the
/ ~ day of~.n~e4.,
and acknowledgeme~nt ~ that
filing received this ~ day
h:J AB\TeenCtOrd
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STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and £or the
Twentieth judicial circuit, Collier County, Florida, do_~
hereby certify that the foregoing is a true and correc~
copy of: ~n
ORDIN~CE 2002-10 ~
which was adopted by the Board of county Commissi~r~
on the 12th day of March, 2002, during Regular Session.
WITNESS my hand and the official seal of the Board of
county Commissioners of Collier county, Florida, this 13th
day of March, 2002.
DWIGHT E BROCK
Clerk of courts
Ex-officio to BOard;°'f ~-:
County Commlsslo%~ r
By: Ellie Hof fman,
Deputy Clerk