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Resolution 564-2007 RESOLUTION NO. 564 - 2007 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA AUTHORIZING THE TWENTY-FIVE PERCENT OF THE COURT COSTS AND SURCHARGES ASSESSED/COLLECTED PURSUANT TO SEe. 2-632(b)(4) MONROE COUNTY CODE AND F. S. 989.185(1)(a)4 BE DISBURSED BY THE CLERK TO THE SHERIFF OF MONROE COUNTY ON A QUARTERLY BASIS SOLELY TO FUND THE INTENSIVE DELINQUENCY DIVERSON SERVICES ADMINISTERED BY THE MONROE COUNTY SHERIFF'S OFFICE. WHEREAS, the Monroe County Board of County Commissioners recognize that juvenile delinquency is a problem in Monroe County; and WHEREAS, the Monroe County Board of County Commissioners recognize that alternative intervention programs are a necessary component of the continuum of care when addressing the problem of juvenile delinquency; and WHEREAS, the Sheriff of Monroe County operates two alternative juvenile delinquency programs, Teen Court and the Intensive Delinquency Diversion Services, and has done so since 2001; and WHEREAS, the Monroe County Teen Court and Intensive Delinquency Diversion Services have served 1372 delinquent youth since 2001 with a 88 % combined success rate; and WHEREAS, the Monroe County Board of County Commissioners recognize that funding is scarce for these alternative intervention programs, and their continued existence has required supplemental funding from the Monroe County general fund; and WHEREAS, the State of Florida has authorized counties to enact local ordinances to assess additional court costs to fund teen courts and other alternative juvenile alternative programs; and WHEREAS, Sec. 2-632 (a), Monroe County Code provides for an additional court cost of $65.00 to be imposed when a person pleads guilty or nolo contendere to, or is found guilty of, or adjudicated delinquent for, and felony, misdemeanor, delinquent act, or criminal traffic offense under the laws of the state of Florida to be divided among four entities; and WHEREAS, pursuant to Sec. 2-632(b)4 Monroe County Code, the Monroe County Board of County Commissioners has previously directed twenty-five percent of the amount collected to support the Teen Court program in Monroe County; and WHEREAS, the State of Florida, pursuant to F. S. 938.19, has now authorized an additional $3.00 court cost against each person who pleads guilty or nolo contendere to, or is convicted of, regardless of adjudication, a violation of criminal law or a municipal or county ordinance, or who pays a fine or civil penalty for any violation of Florida Statutes Chapter 316; and WHEREAS, the two state authorizations for funding teen courts are exclusive of each other; and WHEREAS, the Monroe County Board of County Commissioners has enacted an ordinance amending Section 2, Article xxvn, Monroe County Code, creating Sec. 2-633 assessing the $3.00 court cost as authorized to fund solely Teen Court in Monroe County; and WHEREAS, F. S. 938.19(7) prohibits Teen Courts receiving funding under F. S. 939.19 to also receive fund court costs collected under F. S. 939. 185(1)(a)4; and WHEREAS, the Monroe County Board of County Commissioners has determined that the Intensive Delinquency Diversion Services is a proven valuable program in need of additional funding; and NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FWRIDA that: 1. The Monroe County Board of County Commissioners hereby authorizes the twenty-five percent (25%) of the court costs and surcharges assessed/collected pursuant to Sec. 2- 632(b)(4) and F. S. 989.185(1)(a)4 be used solely to fund the Intensive Delinquency Diversion Services in Monroe County. 2. The Clerk of the Court of Monroe County, Florida is hereby directed to disburse the twenty- five percent (25%) of the court costs and surcharges assessed/collected pursuant to Sec. 2- 632(b)(4) and F. S. 989. I 85(1)(a)4 to the Sheriff of Monroe County on a quarterly basis to be used solely for the operation and maintenance of the Intensive Delinquency Diversion Services in Monroe County administered by the Monroe County Sheriff's Office. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of the Board held on the 19th day of December, 2007. Mayor Mario DiGennaro Commissioner Dixie Spehar Commissioner Sonny McCoy Commissioner George Neugent Commissioner Sylvia Murphy Yes Yes Yes Yes Yes :J:: <=> 0::> Z ;!: :o("'")~- gc: ~: ,..., = = <:0 <- "'" z ~Ti """"" --- ~~E~!:" en U-i:,- ' """ :x c:? Co.) -.l (SEAL) -,., -. ~- Attest: ~H BOARD OF COUNTY COMMISSIONERS DANNY L. KO!,lt:AGE, Clerk OF MONROE C<f\1r'. FWRIDA By.,J6at./C !Ju>>~BY 3-\ Deputy Clerk / Mayol" MONROE COUNTY ATTORNEY 5;~EOA~ AN-;1. ON (/" COI:f~TO~O) Date_ . 3t;. ~