N. Sheriff
BOARD OF COUNTY COMMISSIONERS
AGENDAITEMSU~ARY
Meeting Date: November 14, 2007 - KL Division: Sheriff s Department
Bulk Item: Yes ~ No Contact Person: Ianine Gedmin. MCSO
-
Phone #: 292-7042
AGENDA ITEM WORDING:
Approval to advertise and hold a public hearing to consider approval of
an ordinance amending Section 2, Article XXVII, Monroe County Code by adding Section 2-633 to
impose a $3 mandatory additional court cost in specific cases solely to operate and maintain Teen
Court in Monroe County pursuant to F. S. 938.19 and deleting Teen Court Costs from Section 2-
632(b)(4) Monroe County Code, the 25% of the $65 mandatory court costs to solely fund the Intensive
Delinquency Diversion Program. Both programs are administered by the Monroe County Sheriff s
Office.
ITEM BACKGROUND:
The intent of this ordinance is to create an alternative funding source to be used specifically for Teen
Court in Monroe County to (a) better fund the program by the overall amount of money collected as a
mandatory cost for certain defendants and (b) ultimately reduce the amount of general funds necessary
to maintain the Teen Court program in Monroe County, allowing the remaining funds collected under
to be earmarked used to fund the Intensive Delinquency Diversion Program allowable under Sec. 2-
632(b)( 4) Monroe County Code and Florida Statutes 938.185(1)( a)4. Florida Statutes 938.19(7)
prohibits Teen Courts receiving funding under F. S. 939.19 to also receive court costs collected under
F. S. 939.185 (l)(a) 4.
PREVIOUS RELEVANT BOCe ACTION:
In 2000, Teen Court of Monroe County was funded by a $3.00 mandatory cost that was authorized by
the BOCC in Ordinance 028-2000 pursuant to F.S. 938.19. In 2004, the Florida Legislature amended
F.S. 938.19 and voided the County's authority to enact Ordinance 028-2000. In 2004, the BOCC
enacted Ordinance 016-2004, pursuant to F.S. 939.185, to assess a $65.00 mandatory cost in specific
cases to be split equally between supplemental funding for the State Court system in Monroe County,
to fund legal aid programs in Monroe County, personnel and legal materials for the public as part of
the law libraries, and teen court and other juvenile alternative programs in Monroe County as
determined by the BOCC. In 2006, the Florida Legislature re-enacted F.S. 938.19 again authorizing
the BOCC to assess a mandatory $3.00 cost on certain defendants to fund local Teen Courts.
CONTRACT/AGREEMENT CHANGES: Not applicable.
STAFF RECOMMENDATIONS:
Approval to advertise and hold a Public Hearing on December 19,2007 at 3:00 P.M. in Marathon.
TOTAL COST: N/ A BUDGETED: Yes Nol
-
COST TO COUNTY: N/A SOURCE OF FUNDS: Fines assessed pursuant to
Section 938.19. Florida Statutes
REVENUE PRODUCING: Yes X No AMOUNT PER MONTH TBD Year
County Atty c..;t OMB/Purchasing _ -
APPROVED BY: Risk Management
DOCUMENTATION: Included X Not Required_
DISPOSITION: AGENDA ITEM #
ORDINANCE NO. - 2007
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA,
AMENDING THE MONROE COUNTY CODE BY ADDING A
NEW SECTION TO CHAPTER 2, ART. XXvn. TO BE
NUMBERED SECTION 2-633. TEEN COURT COSTS;
PROVIDING FOR MANDATORY ASSESSMENT OF COURT
COSTS IN SPECIFIC CASES AND QUARTERLY
DISBURSEMENT BY THE CLERK TO THE MONROE eOUNTY
SHERIFF'S OFFICE SPECIFICALLY FOR THE OPERATION
AND MAINTENANCE OF TEEN COURT AS ALLOWED
PURSUANT TO FLORIDA STATUTE 938.19; REMOVING TEEN
COURT COSTS FROM SECTION 2-632(b)4.; PROVIDING FOR
SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL
ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR
INCORPORATION INTO THE MONROE COUNTY CODE OF
ORDINANCES; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the levy of a mandatory cost on specific cases is an appropriate
method of funding T een Court~ and
WHEREAS, Monroe County has a Teen Court Program administered by the
Sheriff of Monroe County~ and
WHEREAS, the purpose of Teen Court is to provide Monroe County's youth
with an alternative to a conviction record by diverting them into a system where they are
sentenced by their peer group and to expose teen volunteers to community service work,
positive role models, and the judicial system~ and
WHEREAS, in 2000, the Monroe County Board of County enacted Ordinance
No. 028-2000 as authorized at the time by Florida Statutes 938.19, which assessed a
mandatory $3.00 cost in specific cases to fund the operation and administration of Teen
Court~ and
WHEREAS, in 2003, the Florida Legislature passed Ch. 2003-402, Laws of
Florida, which amended Section 938.19, Florida Statutes, and voided the County's
authorization for the $3.00 assessment to fund the operation and administration of Teen
Court~ and
WHEREAS, in May 2004, the Florida Legislature passed Ch. 2004-265, Laws of
Florida, creating Section 939.185, Florida Statutes, allowing each Board of County
Commissioners to enact an ordinance allowing the imposition of $65.00 in additional
costs to be imposed in certain cases, of which twenty-five per cent (25%) could be used
for teen court, juvenile assessment centers, and other juvenile programs~ and
1
WHEREAS, in 2004, the Monroe County Board of County Commissioners
enacted Ordinance No. 016-2004, as authorized at the time by Florida Statutes 939.185,
which assessed a mandatory $65.00 cost in specific cases to be split equally between
supplemental funding for the State Courts system in Monroe County, legal aid programs
in Monroe County, personnel and legal materials for the public as part of the law
libraries, and teen court programs and other juvenile alternative programs in Monroe
County as determined by the Board of County Commissioners; and
WHEREAS, in 2005, the Florida Legislature passed Ch. 2005-236, Laws of
Florida, which reinstated the authority for counties to enact an ordinance adopting a
mandatory $3 court costs assessment in specific cases in order to fund the operation and
administration of Teen Courts only; and
WHEREAS, Section 938.19, Florida Statutes, as amended in 2006 and 2007,
specifically excludes a Teen Court funded under an ordinance pursuant to that statute
from receiving court costs collected under Section 939.185, Florida Statutes; and
WHEREAS, Ordinance 016-2004 provided that the ordinance should be
incorporated in the Monroe County Code of Ordinances as Section 2-605, however,
Ordinance 004-2004, passed and adopted by the Monroe County Board of County
Commissioners on February 18, 2004, had previously provided that Ordinance 004-2004
should be incorporated in the Monroe County Code as Section 2-605, and this conflict
can now be addressed and resolved;
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
CO~ISSIONERS OF MONROE COUNTY, FLORIDA that:
[PROPOSED TEXT CHANGES are presented in strilc-ethrough to indicate deletions and
underline to indication additions.]
Section 1. A new section is hereby created and added to Section 2, Article
xxvn. COURT COSTS, Monroe County Code, to be numbered "Section 2-633. Teen
Court Costs." and shall read as follows:
Section 2-633. Teen Court Costs.
W Pursuant to the authority granted to the County by Section 938.19 >
Florida Statutes. the sum of $3.00 shall be assessed as a court cost in the circuit
and the county court in the county against each person who pleads guilty or nolo
contendere to, or is convicted of. regardless of adiudication. or adjudicated
delinquent for a violation of a criminal law. a delinquent act. or a municipal or
county ordinance. or who pays a fine or civil penalty for any violation of Chapter
316. Florida Statutes.
2
ill Any person whose adjudication is withheld pursuant to the
provisions of Section 318.14(9) or (10), Florida Statutes. shall also be assessed
such cost.
W This $3.00 court cost shall be assessed in addition to any fine. civil
penalty, or other court cost and shall not be deducted from the proceeds from that
portion of any fine or civil penalty that is received by a municipality in the county
or by the county in accordance with Sections 316.660 and 318.21. Florida
Statutes.
@ This $3.00 court cost shall be specifically added to any civil
penalty paid for a violation of Chapter 316. Florida Statutes. whether such penalty
is paid by mail, paid in person without request for a hearing. or paid after hearing
and determination by the court.
W This $3.00 court cost shall not be made against a person for a
violation of any state law. county ordinance, or municipal ordinance relating to
the parking of vehicles. with the exception of a violation of the handicapped
parking laws.
ill The Clerk of the Court shall collect the $3.00 assessments for
court costs pursuant to Florida Statute 938.19. Said funds shall be deposited in
the Office of the Clerk of Court and shall be placed in an interest bearing account.
The funds shall be distributed by the Clerk to the Monroe County Sheriff s Office
specifically for the operation and maintenance of teen court on a quarterly basis.
less 5 percent of the assessments collected. which shall be retained as fee income
of the Office of the Clerk.
Section 2. Section 2-632(b)4., Article XXVII. COURT COSTS, Monroe
County Code shall be amended to read:
"4. Twenty-five (25) percent shall be allocated to fund teea
court progRtIHs aRe otRoc juvenile alternative programs
in Monroe County as determined by the board of county
commissioners. "
Section 3. If any section, subsection, sentence, clause or provision of this
ordinance is held invalid, the remainder of this ordinance shall not be affected by such
invalidity.
Section 4. All ordinances or parts of ordinances in conflict with this
ordinance are hereby repealed to the extent of said conflict.
3
Section 5. The provisions oftrus ordinance shall be included and incorporated
in the Code of Ordinances of the County of Monroe, Florida, as an addition or
amendment thereto, and shall be appropriately renumbered to conform to the uniform
numbering system of the Code.
Section 6. This ordinance shall take effect immediately upon receipt of
official notice from the Office of the Secretary of State of the State of Florida that this
ordinance has been filed with said Office.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida, at a regular meeting of said Board held on the day of December,
2007.
Mayor Mario Di Gennaro
Mayor Pro Tern Dixie Spehar
Commissioner Charles McCoy
Commissioner Sylvia Murphy
Commissioner George Neugent
(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: DANNY L. KOHLAGE, Clerk OF MONROE COUNTY, FLORIDA
By: By:
Deputy Clerk Mayor Mario Di Gennaro
MONRO!! eOUNiV ATTO
ROVED AS TO
4
ARTICLE XXVII. COURT COSTS* Page 1 of2
ARTICLE XXVII. COURT COSTS'"
:J 12.() <I
"'Editor's note: Ord. No. 017-2004, ~ 1, adopted June 16, 2004 and Ord. No. 016-2204, ~ 1, adopted
June 16, 2004, provided for the inclusion of ~~ 2-604 and 2-605. respectively. Inasmuch as ~~ 2-604
and 2-605 were previously enacted by Ord. No. 004-2004, the provisions of Ord. Nos. 017-2004 and
016-2004 have been included as art. XXVII, ~~ 2-631--2-632 at the editor's discretion.
Sec. 2-631. Surcharge in traffic cases.
(a) Pursuant to section 318.18(13)(a), Florida Statutes, every person who pays a fine or civil
penalty for any violation of a non-criminal traffic infraction, as defined in section 318.14(1),
Florida Statutes and every person who pleads guilty or nolo contendere to or is convicted,
regardless of adjudication, of a criminal violation listed in section 318.17, shall be assessed a
surcharge of fifteen dollars ($15.00). A non-criminal traffic infraction is defined in section 318.14
(1), Florida Statutes.
(b) The court shall order payment of this additional court costs in all matters subject to this
section and the clerk of court shall add this surcharge to all payments of fines or civil penalties
for any violation of a non-criminal traffic infraction.
(c) The funds collected pursuant to this section shall be used to fund state court facilities.
Funds collected pursuant to this ordinance shall be expended in accordance with the direction
of the board of county commissioners.
(Ord. No. 017-2004, ~ 2)
Editor's note: Ord. No. 017-2004, ~ 2, adopted June 16, 2004, provided for the inclusion of ~ 2-604.
Inasmuch as ~ 2-604 was previously enacted by Ord. No. 004-2004, ~ 1, the provisions of Ord. No.
017-2004 have been redesignated as ~ 2-631 at the editors discretion.
Sec. 2-632. Additional court costs in criminal cases.
(a) Pursuant to section 939.185, Florida Statutes, an additional court cost of sixty-five dollars
($65.00) 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 Florida laws.
(b) Funds received from this additional court cost shall be distributed as follows:
1. Twenty-five (25) percent of the amount collected shall be allocated to supplement
state funding for the elements of the state courts system in Monroe County as identified
in sections 29.004, Florida Statutes, and County funding for local requirements under
section 29.008(2)(a)2, Florida Statutes.
2. Twenty-five (25) percent shall be allocated to fund legal aid programs in Monroe
County consistent with section 29.008(3), Florida Statutes.
3. Twenty-five (25) percent shall be allocated to fund personnel and legal materials for
the public as part of law libraries, whether as separate libraries or as part of the Monroe
County Public library System.
4. Twenty-five (25) percent shall be allocated to fund teen court programs and other
http://libraryl.municode.comlmcc/DocView/112 70/1 /5/36?hilite=teen;court;courts; 10/22/2007
ARTICLE XXVII. COURT COSTS* Page 2 of2
juvenile alternative programs in Monroe County as determined by the board of county
commissioners.
(c) The court shall order payment of these additional court costs in all matters subject to this
section, but may defer payment if the person against whom the cost is imposed is indigent.
(d) At the end of each county fiscal year during which said additional court costs are collected,
any surplus is required to be reallocated and transferred for use to fund innovations to
supplement funding for the state court system in Monroe County under paragraph (a)(1) above.
(Ord. No. 016-2004, ~ 2)
Editor's note: Ord. No. 016-2004, ~ 2, adopted June 16, 2004, provided for the inclusion of ~ 2-605.
Inasmuch as ~ 2-604 was previously enacted by Ord. No. 004-2004, ~ 1, the provisions of Ord. No.
016-2004 have been redesignated as ~ 2-632 at the editors discretion.
http://library 1.municode.comlmcc/Doc View/11270/1/5/36?hilite=teen;court;courts; 10/22/2007
Stattites & Constitution :View Statutes :->2007->Ch0938->Section19 : Online Sunshine Page 1 0 r 1
938.19 Teen courts.--
(1) Notwithstanding s. 318.121, in each county in which a teen court has been created, the board of
county commissioners may adopt a mandatory court cost to be assessed in specific cases by
incorporating by reference the provisions of this section in a county ordinance. Assessments collected by
the clerk of the circuit court under this section shall be deposlted into an account specifically for the
operation and administration of the teen court.
(2) A sum of up to $3 shall be assessed as a court cost in the circuit and county court in the county
against each person who pleads guilty or nolo contendere to, or is convicted of, regardless of
adjudication, or adjudicated delinquent for a violation of a crimfnallaw, a delinquent act, or a
municipal or county ordinance, or who pays a fine or civil penalty for any violation of chapter 316. Any
person whose adjudication is withheld under s. 318.14(9) or (10) shall also be assessed the cost.
(3) The assessment for court costs shall be assessed in addition to any fine or civil penalty or other
court cost and may not be deducted from the proceeds of that portion of any fine or civil penalty that is
received by a municipality in the county or by the county in accordance with ss. 316.660 and 318.21.
The assessment shall be specifically added to any civil penalty paid for a violation of chapter 316,
regardless of whether the penalty is paid by mail, paid in person without request for a hearing, or paid
after hearing and determination by the court. However, the assessment may not be made against a
person for a violation of any state law or municipal or county ordinance relating to the parking of
vehicles, with the exception of a violation of the handicapped parking laws.
(4)(a) The clerk of the circuit court shall collect the assessments for court costs established in this
section and shall remit the assessments to the teen court monthly.
(b) The clerk of the circuit court shall withhold 5 percent of the assessments collected, which shall be
retained as fee income of the office of the clerk of the circuit court.
(5) A teen court must account for all funds received under this section in a written report to the board
of county commissioners. The report must be given to the commissioners by August 1 of each year or by
a date required by the commissioners.
(6) A teen court may be administered by a nonprofit organization, a law enforcement agency, the court
administrator, the clerk of the court, or another similar agency authorized by the board of county
commissioners.
(7) A teen court administered in a county that adopts an ordinance to assess court costs under this
section may not receive court costs cotlected under s. 939.185(1 )(a)4.
http://www.1eg.state.fl.uslStatuteslindex.cfm?App_mode=Display _ Statute&Search _ Strin... 10/23/2007
Statutes & Constitution :View Statutes: Online Sunshine Page 1 of2
939.185 Assessment of additional court costs and surcharies..-
(1 )(a) The board of county commissioners may adopt by ordinance an additional court cost, not to
exceed $65, to be imposed by the court when 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 ;iJ
offense under the laws of this state. Such additional assessment shall be accounted for separately by the
county in which the offense occurred and be used only in the county imposing this cost, to be allocated
as follows:
1. Twenty-five percent of the amount collected shall be allocated to fund innovations to supplement
state funding for the elements of the state courts system identified in s. 29.004 and county funding for
local requirements under s. 29.008(2)(a)2.
2. Twenty-five percent of the amount collected shall be allocated to assist counties in providing legal
aid programs required under s. 29.008(3)(a).
3. Twenty-five percent of the amount collected shall be allocated to fund personnel and legal materials
for the public as part of a law lfbrary.
4. Twenty-five percent of the amount collected shall be used as determined by the board of county .ilJ
commissioners to support teen court programs, except as provided in s. 938.19(71, juvenile assessment
centers, and other juvenile alternative programs.
Each county receiving funds under this section shall report the amount of funds collected pursuant to
this section and an itemized lfst of expenditures for all authorized programs and activities. The report
shall be submitted in a format developed by the Supreme Court to the Governor, the Chief Financial
Officer, the President of the Senate, and the Speaker of the House of Representatives on a quarterly
basis beginning with the quarter ending September 30, 2004. Quarterly reports shall be submitted no
later than 30 days after the end of the quarter. Any unspent funds at the close of the county fiscal year
allocated under subparagraphs 2., 3., and 4., shall be transferred for use pursuant to subparagraph 1.
(b) In addition to the court costs imposed under paragraph (a) and any other cost, fine, or penalty
imposed by law, any unit of local government which is consolidated as provided by s. 9, Art. VIII of the
State Constitution of 1885, as preserved by s. 6(e), Art. VIII of the State Constitution of 1968, and which
is granted the authority in the State Constitution to exercise all the powers of a municipal corporation,
and any unit of local government operating under a home rule charter adopted pursuant to 55. 10, 11,
and 24, Art. VIII of the State Constitution of 1885, as preserved by s. 6(e), Art. VIII of the State
Constitution of 1968, which is granted the authority in the State Constitution to exercise all the powers
conferred now or hereafter by general law upon municipalities, may impose by ordinance a surcharge in
the amount of $85 to be imposed by the court when 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 laws of this state. Revenue from the surcharge shall be transferred to such unit
of local government for the purpose of replacing fine revenue deposited into the clerk's fine and
forfeiture fund under s. 142.01. Proceeds from the imposition of the surcharge authorized in this
http://www.1eg.state.fl.uslStatuteslindex.cfm?App_mode=Display _ Statute&Search _ Strin... 10/23/2007
Statutes & Constitutlon :View Statutes: Online Sunshine Page 2 of2
paragraph shall not be used for the purpose of securing payment of the principal and interest on bonds.
(c) The disbursement of costs collected under this section shall be subordinate in priority order of
disbursement to all other state~imposed costs authorized in this chapter, restitution or other
compensation to victims, and child support payments.
(2) The court shall order a person to pay the additional court cost. If the person is determined to be
indigent, the clerk shall defer payment of this cost.
http://www.leg.state.fl.us/Statutes/index.cfm?App_ mode= Display _ Statute&Search _ Strin... 10/23/2007