Item P05
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
April 19, 2000
Division:
County Attorney
AGENDA ITEM WORDING:
Approval to advertise an ordinance to provide for the assessment of a $3.00 surcharge in
specific cases in circuit and county court, for the operation and administration of Teen
Court.
...
ITEM BACKGROUND:
This assessment of $3.00 is provided for in Sec. 938.19, FS and requested by Kirk
Zuelch, State Attorney.
PREVIOUS RELEVANT BOCC ACTION:
None.
STAFF RECOMMENDATION:
Approval to advertise for pu~lic hearing on May 17, 2000 in Key Largo.
TOTAL COST:
BUDGETED: Yes
No
Cost to County:
APPROVED BY:
County Attorney X OMB/Purchasing
DIVISION DIRECTOR~
DOCUMENTATION: Included ~ To Follow
Risk Management
Not required
l:j1:;
AGENDA ITEM #
County Administrator
ORDINANCE NO
- 2000
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, PROVIDING FOR MANDATORY COSTS
TO BE ASSESSED IN SPECIFIC CASES AND DISBURSED TO TEEN
COURT AS PROVIDED FOR IN FLORIDA STATUTES SECTION 938.19;
PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF
ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR
INCORPORATION INT(') THE MONROE COUNTY CODE OF
ORDINANCES; AND PROVIDING AN EFFECTIVE DATE
WHEREAS, Section 938.19, Florida Statutes, provides that a county may adopt a
mandatory cost to be assessed in specific cases for the operation and administration of
Teen Court; and
WHEREAS, the levy of a mandatory cost on specific procedures is an appropriate
method of funding Teen Court; and
WHEREAS, Monroe County has a Teen Court Program administered by the Office of
the State Attorney, 16th Judicial Circuit; 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 to expose teen volunteers to community service work,
positive role models, and the judicial system; and
WHEREAS, the Clerk of the Circuit Court shall deposit these assessments into an
account specifically for the operation and administration of Teen Court; now, therefore
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA:
Section 1. Pursuant to the authority granted to the county by Section 938.19,
FS, a sum of $3.00 shall be assessed as a cost by both the circuit and the county court
in the county against every person who pleads guilty or nolo contendere to, or is
convicted of, regardless of adjudication, a violation of a state criminal statute or a
municipal ordinance or a county ordinance or who pays a fine or civil penalty for any
violation of Chapter 316, FS.
Section 2. Any person whose adjudication is withheld pursuant to the provisions
of Section 318.14(9) or (10), FS, shall be assessed such cost.
Section 3. The $3.00 assessments for court costs 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 which is received by a municipality in the
county or by the county (in accordance with Sections 316.660 and 318.21, FS).
Section 4. The $3.00 assessment shall be specifically added to any civil penalty
paid for a violation of Chapter 316, FS, whether such penalty is paid by mail, paid in
person without request of a hearing, or paid after hearing and determination by the
cou rt.
Section 5. The $3.00 assessment shall not be made against a person for a
violation of any state statutes, county ordinance, or municipal ordinance relating to the
parking of vehicles, with the exc~rtion of a violation of the handicapped parking laws.
Section 6. The Clerk of the Circuit Court shall collect the respective $3.00
assessments for court costs and shall remit the same to the Office of the State Attorney,
16th Judicial Circuit, monthly, less 5 percent, which is to be retained as fee income of the
office of the Clerk of the Circuit Court.
Section 7. 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 8. All ordinances or parts of ordinances in conflict with this ordinance
are hereby repealed to the extent of said conflict.
Section 9. The provisions of this 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 10. 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
2000.
Mayor Shirley Freeman
Commissioner Wilhelmina Harvey
Commissioner George Neugent
Commissioner Mary Kay Reich
Commissioner Nora Williams
(SEAL)
Attest: DANNY L.KOLHAGE, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
By
Deputy Clerk
Mayor/Chairperson
jdordteencourt