Ordinance 97-11 ~N ORDINANCE PROVIDING FUNDING FOR THE
JUVENILE ASSESSMENT CENTER AND SUSPENSION
PROGRAM THROUGH COUNTY DELINQUENCY PREVENTION
FINES PURSUANT TO SECTION 775.0833, FLORIDA
....' STATUTES, AS AMENDED BY CHAPTER 96-382, LAWS
"~'~'." OF FLORIDA; PROVIDING FOR X MANDATORY COST OF
THREE DOLLARS ($3.00) TO BE ASSESSED AGAINST
EVERY PERSON CONVICTED OF A VIOLATION OF A ~.
CRIMINAL STATUTE, A MUNICIPAL OR COUNTY ~. __
ORDINANCE, OR A TR/tFFIC OFFENSE IN THE -, " '.'
COUNTY~ PROVIDING FOR THE COURT TO ASSESS TIlE
MANDATORY COST OF $3.00 AND THE CLERK OF THE~.. " ~"
CIRCUIT COURT TO COLLECT THE 14ANDATORY COST~]]
PROVIDING FOR THE COLLECTION OF COSTS AND
DISBURSEMENT OF FUNDS BY THE CLERK TO THE ~
SHERIFF~ PROVIDING THE RESPONSIBILITIES OF ~Z
THE SHERIFF~ PROVIDING FOR CONFLICT AND
SEVERABILITY~ PROVIDING FOR INCLUSION IN THE
CODE OF LAWS AND ORDINANCES~ AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners of Collier County,
Florida, is authorized pursuant to Section 775.0833, Florida
Statutes, as amended by Chapter 96-382, Laws of Florida, to adopt
a mandatory court cost of three dollars {$3.00) per case on every
person who, with respect to a charge, indictment, prosecution
commenced, or petition of delinquency filed in the county or
circuit court, pleads guilty, nolo contenders to, or is convicted
of, or adjudicated delinquent for, or has an adjudication withheld
for, a felony or misdemeanor, or a criminal traffic offense or
handicapped parking violation under state law, or a violation of
any municipal or county ordinance, if the violation constitutes a
misdemeanor under state law; and
WHEREAS, Section 775.0833, Florida Statutes, as amended by
Chapter 96-382, Laws of Florida, provides that the Clerk of the
Court shall collect and deposit the assessments collected pursuant
to said Statute in an appropriate, designated account established
by the Clerk, for disbursement to the Sheriff as needed for the
implementation and operation of a Juvenile assessment center or
suspension program so long as the Sheriff's office is a partner in
the Juvenile assessment center or suspension program; and
WHEREAS, Section 775.0833, Florida Statutes, as amended by
Chapter 96-382, Laws of Florida, requires the Sheriff's Office of
the County to be a partner in a written agreement with the
Department of Juvenile Justice to participate in a Juvenile
assessment center or with the district school board to participate
in a suspension program~ and
WHEREAS, the Sheriff of Collier County is a partner in the
operation of the Juvenile Assessment Center pursuant to Section
39.0471, Florida Statutes, through the written agreement with the
Department of Juvenile Justice, and is a partner in a suspension
program developed in conjunction with the school board of Collier
county; and
WHEREAS, the Clerk of the County and Circuit court is
authorized to collect, deposit and disburse the assessments
collected into and out of the designated account pursuant to
Section 775.0~33, Florida Statutes, as amended by Chapter 96-381,
Laws of Florida.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COM]~ISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE. Assessment of Court Costs.
The court shall assess court costs of three dollars ($3.00)
per case, in addition to any other authorized cost or fine, on
every person who., with respect to a charge, indictment,
prosecution commenced, or petition of delinquency filed in the
county or circuit court, pleads guilty, nolo contenders to, or is
convicted of, or adjudicated delinquent for, or has an
adjudication withheld for, a felony or misdemeanor, or a criminal
traffic offense or handicapped parking violation under state law,
or a violation of any municipal or county ordinance, if the
violation constitutes a misdemeanor under state law.
SECTION TWO. Collection of Costs and Disbursement of Funds
by the Clerk.
The Clerk of the Circuit Court shall collect the three
dollars ($3.00) court costs assessed by the court and deposit
those funds in an appropriate, designated account established by
the Clerk. Pursuant to Section 775.0833, Florida Statutes, the
Clerk shall be entitled to five percent (5%) of the assessments
collected for the costs of administering the collection of
assessments. The Clerk shall disburse funds to the Sheriff as
needed for the implementation and operation of the Collier County
Juvenile Assessment Center and/or Suspension Programs.
SECTION THREE. Responsibilities of the Sheriff.
The Sheriff shall request funds from the Clerk as needed to
support the implementation and operation of the Collier County
Juvenile Assessment Center or Suspension Programs. The Sheriff
may also deposit any other funds obtained by that office for the
implementation or operations of the Juvenile Assessment Center
into the designated account for disbursement to the Sheriff as
needed. The Sheriff shall account for all funds that have been
deposited int6 the designated account by August I annually in a
written report to the County Juvenile Justice Council. The
Sheriff shall provide a report to the Board of County
Commissioners at a Board public meeting held during the last
quarter of each fiscal year which sets forth the status of the
Juvenile Assessment Center. Said report shall describe how the
Juvenile Assessment Center is operating, including a financial
accounting and an evaluation of the programs of the Juvenile
Assessment Center. The report shall be presented to the Board
during the last quarter of Fiscal Year 1997-98 and in the last
quarter of each fiscal year thereafter.
SECTION FOUR. 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.
3
SECTION FIVE. 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 tenumbered or
relettered to accomplish such, and the word "ordinance" may be
e changed to "section", "article", or any other appropriate word.
SECTION SIX. Effective Date.
This Ordinance shall become effective upon filing this
Ordinance with the Department of State. Collection by the Clerk
of the Court of the $3.00 mandatory court cost as described in
this Ordinance shall commence on March 1, 1997.
PASSED AND DULY ADOPTED by the Board of County Commissioners
of collier County, Florida, th~s//day of /~'~X~-..~' ,
1997.f...: ~. ";,
· ' ATTEST: ': ".."~]::.. BOARD OF COUNTY COMMISSIONERS
: .: DWIGHT E. BR6CK, CLERK COLLIER COUNTY, FIX)RIDA
"'...:~/'pp.j/ov~:"a~l ~o form and ~iHOTH~/r:. ~'~COe~, 'C~.I~U~
...'..' . '
ency · 15~ S~cretary of State's Office the
David C. Weige
and ocknow!ec)Oernent of
County Attorney
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 copy of:
ORDINAVCE NO. 97-11
Which was adopted by the Board of County Commissioners on the llth day
of February, 1997, during Regular Session.
WITNESS my hand and the official seal of the Board of County
Commissioners of Collier County, Florida, this 13th day of February,
1997.