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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.