Ordinance 2004-42
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tr; C J\\. -.,.. ~ ORDINANCE NO. 04- 42 .--
\. ~~ oJ ~ANCE OF THE BOARD OF COUNTY COMMISSIONER!1'OF ~~
,-~ CO ER COUNTY, FLORIDA, PROVIDING FOR IMPOSITION OF
~~~ dØ TIONAL COURT COSTS IN CRIMINAL CASES; ALLOCATION ë)
'ÞZt't FUNDS ~CEIVED FROM ADDITIONAL COURT COS¿!&; ~
PROVIDING FOR AMENDMENTS TO SECTION 939.185, FLORHfN
STATUTES; PROVIDING FOR CONFLICT AND SEVERABILITY;
PROVIDING FOR INCLUSION IN THE COLLIER COUNTY CODE OF
LA WS AND ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on November 3, 1998, the voters of Florida adopted Revision 7 to the
Florida Constitution to amend Article V of the Constitution to provide for funding for the state
courts system, which revision is effective July 1, 2004, and is set forth in Section 14 of Article
V of the Constitution of the State of Florida; and
WHEREAS, during the 2003 session of the State Legislature, the Legislature amended
various provisions of the Florida Statutes in order to comply with the requirements of Revision
7; and
WHEREAS, after review, the legislature enacted further amendments to the Florida
Statutes in order to provide a more equitable distribution of responsibility for funding the court
system; and
WHEREAS, the Florida Legislature created Section 939.185, Florida Statutes, to
address some of these concerns by providing a supplemental funding source through additional
court costs, which Section is effective July 1,2004; and
WHEREAS, Section 939.185, Florida Statutes, allows each county to adopt a county
ordinance assessing additional court costs not to exceed $65.00 when a person pleads guilty or
nolo contendere to, or found guilty of, any felony, misdemeanor, or criminal traffic offense
under the laws of this state; and
WHEREAS, the additional funding must be allocated, in equal parts for: (1) funding
innovations in the court system; (2) legal aid programs; (3) local law libraries; and (4)
alternative juvenile programs; and
WHEREAS, these are programs that the County has consistently supported through
court costs based on their value to the community; and
WHEREAS, the legislation allowing these additional costs requires that the local Board
of County Commissioners enact local legislation incorporating these costs; and
WHEREAS, these additional funds are necessary in order for the courts in Collier
County to maintain their high level of service to the public.
Page 1 of 3
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of
Collier County, Florida, that:
Section 1.
Additional Court Costs in Criminal Cases.
(a) Pursuant to Section 939.185, Florida Statutes, an additional court cost of $65.00
(Sixty-Five Dollars) shall be imposed by the court when a person pleads guilty or nolo
contendere to, or is found guilty of, any felony, misdemeanor, or criminal traffic offense under
the laws of this state. Such additional assessment shall be accounted for separately, is to be
used only in Collier County, and is to be allocated as follows:
1. Twenty-five percent (25%) of the amount collected shall be allocated to
fund innovations to supplement state funding for the elements of the state
courts system identified in Section 29.004, Florida Statutes, and county
funding for local requirements under Section 29.008(2)(a)2, Florida
Statutes.
2. Twenty-five percent (25%) of the amount collected shall be allocated to
assist Collier County in providing legal aid programs required under
Section 29.008(3)(a), Florida Statutes.
3. Twenty-five percent (25%) of the amount collected shall be allocated to
fund law personnel and legal materials for the public as part of a law
li brary .
4. Twenty-five percent (25%) of the amount collected shall be used as
determined by the Collier County Board of County Commissioners to
support teen court programs, juvenile assessment centers, and other
juvenile alternative programs in Collier County.
(b) Any unspent funds at the close of the county fiscal year allocated under
subpar~graphs 2, 3, and 4, shall be transferred for use pursuant to subparagraph 1.
(c) The court shall order a person to pay these additional court costs in all matters
subject to this Ordinance. If the person is determined to be indigent, the Clerk shall defer
payment of this cost.
Section 2.
Amendments to Section 939.185. Florida Statutes.
Amendments to Section 939.185, 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
Page 2 of 3
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 3.
Conflict and Severabilitv.
In the event this Ordinance conflicts with any other ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any section, subsection, sentence, clause,
phrase or provision of this Ordinance is for any reason held invalid or unconstitutional by any
court of competent jurisdiction, such holding shall not be construed to render the remaining
provisions of this Ordinance invalid or unconstitutional.
Section 4.
Inclusion in 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 numbered or
re-Iettered to accomplish such, and the word "ordinance" may be changed to "section",
"article", or any other appropriate word.
Section 5.
Filin2 of Ordinance; Effective Date.
A certified copy of this Ordinance shall be filed with the Department of State by the
Clerk of the Board of County Commissioners within ten (10) days after enactment by the
Collier County Board of County Commissioners, and shall take effect July 1,2004.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this ..<'2- rç( day of -.j u. n. ¿...
,2004.
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
ø~, d4.Øc.
DON A FIALA, Chairman
By:
"11'1 .,. I'
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This ordinance filed with the
Secretory of State's Office the
~~y of .:r1Ul'C..,~_
and acknowledgement of that
filing received this ~ day
af ~;~11 ~+ /Jr,.
Depufy Clerk -1
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of:
ORDINANCE 2004-42
Which was adopted by the Board of County Commissioners
on the 22nd day of June 2004, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 24th
day of June, 2004.
DWIGHT E. BROCK
Clerk of Courts a}ld"Clerk
Ex-officio to ßd.â~(í;¡ðfc;,;:'
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