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Item P6 P6 BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE �� i Mayor Holly Merrill Raschein,District 5 The Florida Keys Mayor Pro Tern James K.Scholl,District 3 Craig Cates,District 1 Michelle Lincoln,District 2 ' David Rice,District 4 Board of County Commissioners Meeting May 15, 2024 Agenda Item Number: P6 2023-2518 BULK ITEM: No DEPARTMENT: County Attorney TIME APPROXIMATE: STAFF CONTACT: Christine Limbert-Barrows Public Hearing AGENDA ITEM WORDING: Public Hearing to consider adoption of an ordinance revising Sec. 2- 232 to add provisions relating the County's Alcohol and Drug Abuse Trust Fund pursuant to F.S. 893.165 retroactive to March 1, 2009 and ratifying all actions taken by the Monroe County Clerk of Court and Comptroller relating to the County's Alcohol and Drug Abuse Trust Fund since March 1, 2009, Providing for Severability; Providing for the repeal of all ordinance inconsistent herewith, providing for incorporation into the Monroe County Code of Ordinance; and Providing for an Effective Date. ITEM BACKGROUND: F.S. 893.165 provides that counties in which there is established or in existence a comprehensive alcohol and other drugs abuse treatment or education program which meets the standard for qualification of such programs by the Department of Children and Families are authorized to establish a County Alcohol and Other Drug Abuse Trust Fund for the purpose of receiving assessments collected pursuant to F.S. 938.23 and distributing assistance grants on an annual basis to such alcohol and other drug abuse treatment or education program. F.S. 938.13 provides that the clerk of the court shall collect the $15 and forward $14 thereof to the jurisdictional county of collection as described in F.S. 893.165(2) to be deposited to the credit of the County Alcohol and Other Drug Abuse Trust Fund for allocation to local substance abuse programs under F.S. 893.165. The clerk shall retain the remaining $1 of each $15 collected as a service charge of the Clerk's office. The Board of County Commissioners of Monroe County adopted ordinance 032-1997 on July 16, 1997 which requires the Clerk of the Court to collect the $15.00 and forward $14.00 thereof to the Board of County Commissioners of Monroe County to be deposited to the credit of the Monroe County 4644 Alcoholic and Other Drug Abuse Trust Funds for allocation to local substance abuse programs under F.S. 893.165 in accordance with F.S. 938.13 (formerly F.S. 939.017). In 2009, the Board enacted ordinance 001-2009 which re-codified the "Monroe County, Florida Code" and which took effect as of March 1, 2009. Section 2 of Ordinance 001-2009 repealed"all ordinances of a general and permanent nature enacted on or before October 17, 2007, and not included in the Code...". Ordinance 032-1997 was not listed in the Monroe County, Florida Code adopted by virtue of Ordinance 001-2009; and The Board and the Monroe Clerk of Court and Comptroller have continuously operated under the understanding that the collect of the $15.00 of which a portion of$14.00 is deposited to the Board of County Commissioners of Monroe County to the credit of the Monroe County Alcoholic and Other Drug Abuse Trust Fund for allocation to local substance abuse programs under F.S.893.165 under Ordinance 032-1997 was never repealed. The Board specifically intends for this Ordinance to have retroactive application to March 1, 2009 to the maximum extent permitted under law and in support of that intent the Board specifically finds that this Ordinance does not create new obligations, impose new penalties, or impair vested rights since the obligations imposed on the Clerk of Court and Comptroller by Ordinance 032-1997 have governed the Clerk's collection and remittance of this additional cost since 1997. The Board finds that any repeal of Ordinance 032-1997 effectuated by Ordinance 001-2009 was done through inadvertence and not with any intent to stop the collection and remittance of the addition cost imposed for the Monroe County Alcoholic and Other Drug Abuse Trust Fund for allocation to local substance abuse programs under F.S. 893.165. This ordinance is being adopted in an abundance of caution and to provide certainty to the Clerk of Court and Comptroller. The Board ratifies all acts taken by the Clerk of Court and Comptroller under the provisions of Ordinance 032-1997 from March 1, 2009 until the date of enactment of this Ordinance. PREVIOUS RELEVANT BOCC ACTION: The Board approved Ordinance 032-1997 on July 16, 1997. INSURANCE REQUIRED: No CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval. DOCUMENTATION: Ordinance amended section 2-232 to add provisions inadvertently omitted when the MCC was 4645 codified.docx Business Impact Estimate Alcohol and Drug Abuse Trust Fund.docx NOI Drug Abuse Trust Fund F.S. 938.13 (Formerly F.S. 939.017) Misdemeanor convictions involving drugs or alcohol.pdf Ordinance 032-1997 Drug Abuse Trust Fund (002).pdf F.S. 893.165 County alcohol and other drug abuse treatment or education trust funds.pdf F.S. 938.23 Assistance grants for alcohol and other drug abuse programs.pdf FINANCIAL IMPACT: The Ordinance provides for additional cost imposed in accordance with F.S. 938.13 (Formerly 939.017) to be use to provide grant funding to local substance abuse programs. 4646 ORDINANCE NO. —2024 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, REVISING SECTION 2-232 TO ADD PROVISIONS RELATING TO THE COUNTY'S ALCOHOL AND DRUG ABUSE TRUST FUND PURSUANT TO F.S. 893.165, RETROACTIVE TO MARCH 1, 2009, AND RATIFYING ALL ACTIONS TAKEN BY THE MONROE COUNTY CLERK OF COURT AND COMPTROLLER RELATING TO THE COUNTY'S ALCOHOL AND DRUG ABUSE TRUST FUND SINCE MARCH 1, 2009; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, F.S. 893.165 provides that counties in which there is established or in existence a comprehensive alcohol and other drugs abuse treatment or education program which meets the standard for qualification of such programs by the Department of Children and Families are authorized to establish a County Alcohol and Other Drug Abuse Trust Fund for the purpose of receiving assessments collected pursuant to F.S. 938.23 and distributing assistance grants on an annual basis to such alcohol and other drug abuse treatment or education program; and WHEREAS, F.S. 938.13 provides that the clerk of the court shall collect the $15 and forward $14 thereof to the jurisdictional county of collection as described in F.S. 893.165(2)to be deposited to the credit of the County Alcohol and Other Drug Abuse Trust Fund for allocation to local substance abuse programs under F.S. 893.165. The clerk shall retain the remaining$1 of each $15 collected as a service charge of the Clerk's office; and WHEREAS, the Board of County Commissioners of Monroe County adopted ordinance 032-1997 on July 16, 1997 which requires the Clerk of the Court to collect the $15.00 and forward $14.00 thereof to the Board of County Commissioners of Monroe County to be deposited to the credit of the Monroe County Alcoholic and Other Drug Abuse Trust Funds for allocation to local substance abuse programs under F.S. 893.165 in accordance with F.S. 938.13 (formerly F.S. 939.017); and WHEREAS, in 2009, the Board enacted ordinance 001-2009 which re-codified the "Monroe County, Florida Code" and which took effect as of March 1, 2009; and Page 1 of 4 4647 WHEREAS, Section 2 of Ordinance 001-2009 repealed "all ordinances of a general and permanent nature enacted on or before October 17, 2007, and not included in the Code..." and WHEREAS, Ordinance 032-1997 was not listed in the Monroe County, Florida Code adopted by virtue of Ordinance 001-2009; and WHEREAS,the Board and the Monroe Clerk of Court and Comptroller have continuously operated under the understanding that the collect of the $15.00 of which a portion of $14.00 is deposited to the Board of County Commissioners of Monroe County to the credit of the Monroe County Alcoholic and Other Drug Abuse Trust Fund for allocation to local substance abuse programs under F.S.893.165 under Ordinance 032-1997 was never repealed; and WHEREAS, the Board specifically intends for this Ordinance to have retroactive application to March 1, 2009 to the maximum extent permitted under law and in support of that intent the Board specifically finds that this Ordinance does not create new obligations, impose new penalties, or impair vested rights since the obligations imposed on the Clerk of Court and Comptroller by Ordinance 032-1997 have governed the Clerk's collection and remittance of this additional cost since 1997; and WHEREAS, the Board finds that any repeal of Ordinance 032-1997 effectuated by Ordinance 001-2009 was done through inadvertence and not with any intent to stop the collection and remittance of the addition cost imposed for the Monroe County Alcoholic and Other Drug Abuse Trust Fund for allocation to local substance abuse programs under F.S. 893.165. This ordinance is being adopted in an abundance of caution and to provide certainty to the Clerk of Court and Comptroller; and WHEREAS,the Board ratifies all acts taken by the Clerk of Court and Comptroller under the provisions of Ordinance 032-1997 from March 1, 2009 until the date of enactment of this Ordinance. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: SECTION 1: Section 2-323 shall be amended to as follows: (Note: Deletion of language is noted in st+i e t4-etigu, text and addition of language is noted in underlined text) Sec. 2-232. -Gre*ted.-Monroe County Alcohol and Drug Abuse Trust Fund. There is hereby created a county alcohol and drug abuse trust fund. Page 2 of 4 4648 This Ordinance is adopted under the authority of Sec. 939. 13, F. S. 1) When any person, on or after August 1, 1997, is found guilty of any misdemeanor under the laws of Florida in which the unlawful use of drugs or alcohol is involved, there is hereby imposed an additional cost in the case, in addition to any other cost required to be imposed by law, in the sum of$ 15. 00. Under no condition may Monroe County be held liable for the payment of the sum. 2) The Clerk of the Court must collect the $ 15.00 and forward $ 14. 00 thereof to the Board of County Commissioners of Monroe County to be deposited to the credit of the Monroe County Alcohol and Other Drug Abuse Trust Fund for allocation to local substance abuse programs under Sec. 893.165, F.S. The Clerk will retain the remaining $1.00 of each $15.00 collected as a service charge to the Clerk's Office. SECTION 2: SEVERABILITY. If any portion of this ordinance is for any reason held invalid or declared to be unconstitutional, inoperative or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person,property or circumstances, such holding shall not affect its applicability to any other person,property or circumstances. SECTION 3: CONFLICT WITH OTHER ORDINANCES. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict. SECTION 4: INCLUSION IN CODE OF ORDINANCES. 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 5: TRANSMITTAL AND EFFECTIVE DATE. This Ordinance shall be filed with the Department of state and shall be effective upon filing with the Department of State as provided in section 125.66(2), Florida Statutes, but shall be effective retroactively to March 1, 2009. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 15'h day of May, 2024. Mayor Holly Merrill Raschein, District 5 Mayor Pro Tem James K. Scholl, District 3 Craig Cates, District 1 Michelle Lincoln, District 2 David Rice, District 4 Page 3 of 4 4649 (SEAL) BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA ATTEST: KEVIN MADOK, CLERK By: By: As Deputy Clerk Mayor Holly Merrill Raschein Page 4 of 4 4650 �,*�-t4'w BUSINESS IMPACT ESTIMATE' Meeting Date: May 15,2024 Proposed Ordinance Title/Reference: Ordinance codifying and ratifying the Monroe County Alcohol and Drug Abuse Trust Fund retroactive to March 1,2009. The Proposed Ordinance® does ❑ does not fall under one of the following enumerated exceptions:! ❑x The proposed ordinance is required for compliance with Federal or State law or regulation. ❑ The proposed ordinance relates to the issuance or refinancing of debt; ❑x The proposed ordinance relates to the adoption of budgets or budget amendments,including revenue sources necessary to fund the budget; ❑ The proposed ordinance is required to implement a contract or an agreement, including, but not limited to, any Federal, State, local, or private grant or other financial assistance accepted by the county government; ❑ The proposed ordinance is an emergency ordinance; ❑ The ordinance relates to procurement;or ❑ The proposed ordinance is enacted to implement the following: a. Part II of Chapter 163, Florida Statutes, relating to growth policy, county and municipal planning, and land development regulation, including zoning, development orders, development agreements and development permits; b. Sections 190.005 and 190.046,Florida Statutes,regarding community development districts; c. Section 553.73,Florida Statutes,relating to the Florida Building Code;or d. Section 633.202,Florida Statutes,relating to the Florida Fire Prevention Code. Summary of Proposed Ordinance and Statement of Public Purpose to be Served:F.S.893.165 authorizes Counties who meet certain requirements to establish a County Alcohol and Other Drug Abuse Trust Fund for the purpose of receiving certain assessments.The ordinance states that when any person is found guilty of any misdemeanor under the laws of Florida in which the unlawful use of drugs or alcohol is involved,there shall be assessed an additional cost in the case in the sum of$ 15.00. The Clerk of the Court will then remit$14.00 of that assessment to the Board of County Commissioners of Monroe County("Board")for allocation to local substance abuse programs under F.S. 893.165.The Clerk of the Court has been collecting and remitting these assessments to the County since at least 1997. Effective March 1,2009,the Board of County Commissioners repealed"all ordinances of a general and permanent nature enacted on or before October 17, 2007, and not included in the Code. . . ". This caused Ordinance 032-1997 to be unintentionally repealed. Since 1997,the Board and the Monroe County Clerk of Court and Comptroller have continuously operated under the understanding that Ordinance 032-1997 was never repealed.It is the intent of this ordinance to formally codify the collection of the assessments,retroactive to March 1,2009,and to ratify all actions of the County and the Clerk of the Court since March 1, 2009. It is necessary and in the public interest that the Monroe County Alcohol and Drug Abuse Trust Fund continue in operation. Estimate of Direct Economic Impact on Private/For Profit Businesses: a. Estimate of Direct Business Compliance Costs:None. b. New Charges/Fees on Businesses Impacted:None. C. Estimate of Regulatory Costs:None. Good Faith Estimate of Number of Businesses Likely Impacted: It is estimated no businesses will be impacted by this ordinance. Any Additional Information: Business impact statement must be posted on the county's website no later than the date the notice of proposed enactment is published. 2 F.S.125.66(3)(c)(2023) 4651 NOTICE OF INTENTION TO CONSIDER ADOPTION OF COUNTY ORDINANCE NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on May 15,2024,at 9:00 A.M. or as soon thereafter as the matter may be heard,at the Harvey Government Center, 1200 Truman Avenue, Key West, Florida, the Board of County Commissioners of Monroe County, Florida, intends to consider adopting the following ordinance: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, REVISING SECTION 2-232 TO ADD PROVISIONS RELATING TO THE COUNTY'S ALCOHOL AND DRUG ABUSE TRUST FUND PURSUANT TO F.S. 893.165, RETROACTIVE TO MARCH 1, 2009, AND RATIFYING ALL ACTIONS TAKEN BY THE MONROE COUNTY CLERK OF COURT AND COMPTROLLER RELATING TO THE COUNTY'S ALCOHOL AND DRUG ABUSE TRUST FUND SINCE MARCH 1, 2009; PROVIDING FOR SEVERABILITY;PROVIDING FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. The proposed ordinance may be inspected by the public at the Monroe County website by viewing the agenda packet for the May 15, 2024, meeting, which will be posted beginning on May 9, 2024 at: 0t:;;0..(c0u;r;tytl xclx; Y� cx � t The ordinance may also be viewed at the Monroe County Attorney's office at 1111 12th St. Ste. 408 Key West, FL 33040. The public can participate in the May 15,2024,meeting of the Board of County Commissioners of Monroe County, FL by attending in person or via Zoom. The Zoom link can be found in the agenda at j!j,.:,//u,�1, ,��„ar°9�",t;,,ol,�„ ,; ;,,a°, ,ll,1„ ,a`, u 1J„ „ J , „ „ „a, , ,1; ,• ADA ASSISTANCE: If you are a person with a disability who needs special accommodations in order to participate in this proceeding,please contact the County Administrator's Office,by phoning(305)292- 4441, between the hours of 8:30a.m.-5:00p.m.,prior to the scheduled meeting; if you are hearing or voice-impaired, call "711': Live Closed-Captioning is available via our web portal @ ( ti: y, for meetings of the Monroe County Board of County Commissioners. Dated at Key West, Florida, this 4'day of May, 2024. (SEAL) KEVIN MADOK, Clerk of the Circuit Court and Ex Officio Clerk of the Board of County Commissioners of Monroe County, Florida Publication Dates: Keys Citizen: Sat., 05/04/2024 Keys Weekly: Thur., 05/09/2024 News Barometer: Fri., 05/10/2024 4652 5/2/24, 10:42 AM Statutes&Constitution :View Statutes: Online Sunshine Select Year: 2023 v 6.o.....1 The 2023 Florida Statutes (including Special Session Q Title XLVII Chapter 938 View Entire Chapter CRIMINAL PROCEDURE AND CORRECTIONS COURT COSTS 938.13 Misdemeanor convictions involving drugs or alcohol.— (1)(a) When any person, on or after October 1, 1988, is found guilty of any misdemeanor under the laws of this state in which the unlawful use of drugs or alcohol is involved, there shall be imposed an additional cost in the case, in addition to any other cost required to be imposed by law, in the sum of $15. Under no condition shall a political subdivision be held liable for the payment of such sum. (b) The clerk of the court shall collect the $15 and forward $14 thereof to the jurisdictional county of collection as described in s. 893.165(2) to be deposited to the credit of the County Alcohol and Other Drug Abuse Trust Fund for allocation to local substance abuse programs under s. 893.165. The clerk shall retain the remaining $1 of each $15 collected as a service charge of the clerk's office. (2) The costs imposed by this section apply only in each county in which the board of county commissioners has adopted an ordinance which requires the collection of such costs. History.—s. 47, ch. 88-337; s. 42, ch. 93-39; s. 1, ch. 97-208; s. 12, ch. 97-271. Note.—Former s. 939.017. Copyright©1995-2024 The Florida Legislature • Privacy Statement • Contact Us 4653 www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0900-0999/0938/Sections/0938.13.htmI „, County Attorney ORDINANCE NO. 032 -1997 AN ORDINANCE OF THE BOAD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, IMPOSING AN ADDITIONAL COST OF $15.00 IN CASES WHERE A PERSON, AFTER AUGUST 1, 1997, IS FOUND GUILTY OF ANY MISDEMEANOR WHERE THE UNLAWFUL USE OF DRUGS OR ALCOHOL IS INVOLVED; PROVIDING THAT FOR EACH $15.00 COLLECTED, $14.00 WILL GO TO LOCAL SUBSTANCE ABUSE TREATMENT PROGRAMS AND $1.00 TO THE CLERK OF THE COURT AS A SERVICE CHARGE; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT: Section 1. This Ordinance is adopted under the authority of Sec. 939.017, F.S. Section 2. When any person, on or after August 1, 1997, is found guilty of any misdemeanor under the laws of Florida in which the unlawful use of drugs or alcohol is involved, there is hereby imposed an additional cost in the case, in addition to any other cost required to be imposed by law, in the sum of $15.00. Under no condition may Monroe Coun� be held liable for the payment of the sum. Section 3. The Clerk of the Court must collect the $15.00 and forward $14.00 thereof to the Board of County Commissioners of Monroe County to be deposited to the credit of-tWe Monroe County Alcoholic and Other Drug Abuse Trust Fund for allocation to Ideal substgppe r�-r abuse programs under Sec. 893.165, F.S. The Clerk will retain the remaining $1.00 of each $15.00 collected as a service charge of the Clerk's Office. Section 4. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. 4654 ($15.00 fee under Sec.939.017,FS) Section 5. If any section, subsection, sentence, clause, item, change or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity. 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. Section 7. The Clerk of the Board is hereby directed to forward a copy of this Ordinance to Municipal Code Corporation for incorporation into the Monroe County Code of Ordinances. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of the Board held on the 16t%ay of July 1997. Mayor Douglass yes Mayor Pro Tern London yes Commissioner Harvey yes Commissioner Freeman yes Commissioner Reich -7= (SEAL) BOARD CiFjCOU TY COMMISSIONERS ATTEST: DANNY L. KOLHAGE, CLERK OF MON E UNTY, FL A By? ��_ gy Dep Cler Mayor/Chaff n VDATE PROVED AS O FORM UF . 3 as/resord2/drugfee 1 4655 •GOUNrk C 4J�t�r�'VM CUIG'-. ' 4,yO'co wannp X.' Rotbage BRANCH OFFICE CLERK OF THE CIRCUIT COURT BRANCH OFFICE 3117 OVERSEAS HIGHWAY MONROE COUNTY 88820 OVERSEAS HIGHWAY MARATHON,FLORIDA 33050 500 WHITEHEAD STREET PLANTATION KEY,FLORIDA 33070 TEL.(305)289-6027 KEY WEST,FLORIDA 33040 TEL.(305)852-7145 FAX(305)289-1745 TEL.(305)292-3550 FAX(305)852-7146 FAX(305)295-3660 July 29, 1997 CERTHU D MAIL RETURN RECEIPT REQUESTED Mrs. Liz Cloud Florida Department of State Bureau of Administrative Code and Laws The Elliot Building 401 South Monroe Street Tallahassee, F7. 32399-0250 Dear Mrs. Cloud: Enclosed please find a certified copy of Monroe County Ordinance No. 032-1997, imposing an additional cost of$15.00 in cases where a person, after August 1, 1997, is found guilty of any misdemeanor where the unlawful use of drugs or alcohol is involved; providing that for each $15.00 collected, $14.00 will go to local substance abuse treatment programs and $1.00 to the Clerk of the Court as a service charge; 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. This Ordinance was adopted by the Monroe County Board of County Commissioners at a Regular Meeting, in formal session, on July 16, 1997. 4656 V • i I I Mrs. Liz Cloud July 29, 1997 Page 2 Please file for record. Sincerely, Danny L. Kolhage Clerk of the Circuit Court and'ex officio Clerk to the Board of County Commissioners By: Ruth Ann Jantzen Dep y Clerlk Enclosure cc: County Attorney Municipal Code Corporation Pat Aultman,Director of Court Services Theresa Westerfield,Court Administrator Finance Director County Administrator File 4657 I DIVISIONS OF FLORIDA DEPARTMENT OF STATE MEMBER OF THE FLORIDA CABINET l)Ffia•of the Se•crctan' Historic Florida Keys Preservation Board Ottice of International Relations Historic Palm Beach County['reservation Board Division of Administrative Service% 10 1)irision of Corporations Historic Pensacola['reservation Board Division of Cultural Affairs Historic St.Augustine Preservation Board Division of Flections Historic Tallahassee Preservation Board Division of I listorical Resources �D we�• Historic Tampa/HillsboroLlgh County Division of Libran•and Information Services Preservation Board Di%ision of Licensing FLORIDA DEPARTMENT OF STATE Ringling Museum of Art Sandra B. Mortham Secretary of State i DIVISION OF ELECTIONS July 31, 1997 m ^i�r U Honorable Danny L. Kolhage ,,. X c ^�. Clerk to Board of County Commissioners Z.•-c_-; .:.: i Monroe County -0 500 Whitehead Street ra C. Key West, Florida 33040 r o I Attention: Ruth Ann Jantzen, Deputy Clerk Dear Mr. Kolhage: i Pursuant to the provisions of Section 125.66,Florida Statutes, this will acknowledge your letters dated July 29, 1997, and certified copy each of Monroe County Ordinance Nos. 97-28, 97-29, 97-30, 97-31, and 97-32, which were filed in this office on July 31, 1997. Sincerely, Liz Cloud, hief Bureau of Administrative Code LC/mw BUREAU OF ADMINISTRATIVE CODE The Elliot Building 401 South Monroe Street • Tallahassee,Florida 32399-0250 • (904)488-8427 FAX: (904)488-7869 WWW Address http://www.dos.state.fl.us 0 E-Mail:electioii@lllail.dos.statt'.fl.lfs 4658 P .381 826 400 P 381 826 401 Receipt for Receipt fors Certified Mail Certified Mail No Insurance Coverage Provided No Insurance Coverage Provided �!„!! Do not use for International Mail POSr45ENVCf Do not use for International Mail s (See Reverse) (See Reverse) Sent to Sent to � S. LIZ CLOUD MUNICIPAL CODE CORP. `"`" .:v'tgr Street and No. S'trect and No. P.O. BOX 2235 P t state and ZIP code FL 32316-223 AYE ` t `�Z ';FL. M TALLAHASSEE, /2 Postage$ .- �7Certified Fee Special Delivery FeeFee Restricted Delivery FeeHeSvicted Delivery FReturn Receipt Showing V to Whom&Date Delivered Hewrn ReceiPl ShOwing �� � to Whom&Date Delivered Return Receipt t WhoWhere, Sho 7 Date,and Addr s He+urn Rr• 0 A ess c Date, d "1 TOTAL P." C. $ / &Fees C� C & 1JL Postmark �e,q -nl • O P stm rk or CID ccYY �Y M1997 E crop USPs I a ORD. 028— RU 032-199 N ORD. 028 THRU 032-1997 J 4659 + ley C13DE CGkFORATI1.N Services rD :^-x 2235 wall �� Tdl 3ti35�se. f1 32316-2235 ��;�� / U.J.all$lA1)E, 4:6¢rt 1 Q AUG-6'97 ! ' < :.t'ppieeent 63 p P�- M F• R ii A 4r r!ai 9 w a i �0.86722A We have received the following aaterial. Trunk you for your assistance and cooperation. tt}?uF raLt ' +'fjinance Pins. 029-1997, 029-1997, 030-1997. art 032-199 rir. Dann; i . Ko'hage � y s L1Ar1: of the Crrci'it Cotirt Monroe Coant;, H 500 Whitehead Street Key west, R . , t-Fffl-262-CODE Ask U5 ABU!!T IMAGINE; ;. -- H , �.'1" - — - , isit cur hoaepage a <,,.. -fail your utinanc 41 tii +►rll���l i �' s.: ti i S ■Complete iterrM 1 andtor 2 for additional services. I also wish t0 feC61Ve lifts ^�� . o .Print items 3,44 and 4b. foA Wng services(for an ' i innt your n to ame and adLd�reas an the reverse of#a form so tlYW we can return oft e��): a Attach this forth fo Ifle front the Or Orl back II apace d0ee n� Emit 1. ❑ Addressee's Address f ■wpermit. ns•RstumR 2.❑ Restricted Delivery ` aThe Return Receipt whom to a was delivered rn!the�e r i o delivered. Consult 1 postmaster for fee. 3.Article Addressed to: 4a.Article Number '` _ MRS. LIZ CLOUD P 381 826 400 {a .; a FLORIDA DEPT. OF STATE 4b.Service Type r 401 SOUTH MONROE ST. ❑ Registered TALLAHASSEE,* FL. 32399-0250 ❑ Express Mao ❑ insured 9- Return Receipt for Merdtartdise (3COD 7.Date of Delivery ORD.028-1997 THRU 032-1997 S.Received ( ) 8. !f requested ° + _ • end fee is paid) c 6.Signature:(Addressee or A4wqUx, PS Form 3811, December 1W4 10259s-97-e-o179 Domestic eturrt a ipt t ' ' a ak:omplme rwrrw w e ■Print your name and address onto reverse of d*form so that we can return this extra fee): card to you. ■Attach this form to the front of the meilplaos.or on the back If space dos not 1.[3 Addressee's Address ' o permit. tum Raowpt Requested'on the mailpiece below the article number. 2.[3 Restricted Delivery ■W rtte'Re fff//�JJ o ■The Return Receipt will show to whom the ardde was delivered and the date delivered. Consult postmaster for fee. 3.Article Addressed in: 4a.Article Number MUNICIPAL CODE CORPORATION S t��` a P.O. BOX 2235 4b.Service Type TALLAHASSEE, FL. 32316-2235 ~{ ❑ Registered certified ' �tt Express Matl ❑ Insured t a'4fi c p s �4t b '"y Return Receipt for Merchardse ❑ COD �F Date of ORD 028-1997 THRU 032-1997) ti 0411 O i F 5.Received By:(Print Name) 8.Addressee's Addre (Only if requested �. and fee is paid) 6.Signa a (A a pr 'i `r M H i< < iii ill i H el'H "?, j, X ,i .t ! t lliditl i73 i!I 1 ll isii ra-; PS Form 3811, DociefflEer 1994 Domestic Return Receipt � r 4660 Published Daily Key West, Monroe County, Florida 33040 STATE OF FLORIDA COUNTY OF MONROE Before the undersigned authority personally appeared handy G. Erickson, who on oath says that lie is Adverlising Manage) of the Key West Citizen; a daily newspaper published at Key West in fvlonroe County, Flo(ida; that the at(<)cl)ed copy of the advertisement, being a legal notice X in the matter of ] t C� k l r 2 ��5 (5-00 in the court, was published in said newspaper in the issues of 9- �� qJ7 L) Affiant further says that-the said The Key West Citizen is a newspaper published at Key West, in said Monroe County, Florida, and that the said newspaper has heretofore been continuously published in said Monroe County, Florida, each day (except Saturdays and specified holidays) and has been entered as second-class mail matter at the post office in Key West, in said Monroe County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has nei- ther paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said news- paper. (Signa(ure of Affiant) Sworn to and sub.,,cubed before me thr 9 day of __ ___--. 1997 (Signatur of Notary Pub io - (NaMe of Notary f o Expires2-t'q- , Personally Knom, or Produced Iden(ificalrorl Teresa Gayle Darling =•: :+= MY COMMISSION N CC585942 EXPIRES , b`= September 17,2000 1yI)(-' Of ld('tl(Ill<;:1�1O11 PI<)dU<;(.'(� R;,4 - BONDED THRU TROY FAIN INSLOMCE,INC. 4661 NOTICE OF INTENTION TO COW SIDER ADOPTION OF COUNTY ORDINANCE, NOTICE IS; HEREBY GIVEN TO WHOM 9T MA.Y ObNCERN that on Wednesdaf;July 16, 1997 at 10:00 AM at the Harvey .Center-Truman School, 1200 Truman Avenue,..Key West, Monroe County, Florida, the Board of County. Commissioners of Monroe County, Florida, intends to consider the adoption of the following County ordinance: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF:, MONROE COUNTY,IMPOSING AN,, ADDITIONAL COST OF$15.00 IN CASES WHERE A PERSON,AFTER AUGUST 1,1997,IS FOUND GUILTY OF ANY MISDEMEANOR ,WHERE THE UNLAWFUL USE OF DRUGS OR ALCOHOL IS IN- VOLVED;PROVIDING THAT FOR EACH$15.00 COLLECTED,$14.00 WILL GO TO LOCAL SUBSTANCE ABUSE TREATMENT PROGRAMS AND$1.00 TO THE CLERK OF THE COURT AS A SERVICE CHARGE; PROVIDING FOR SEVERABILITY: PROVIDING'FOR THE REPEAL OF ALL'ORDINANCES.INCOIUSIS'I'ENt', ' 1H-EREWITW;PROVIDING FOR IN- CORPORATION INTO THE MON- ROE COUNTY CODE OF ORDI- NANCES;AND PROVIDING AN EF- FECTIVE DATE. Pursuant to Section 286.0105, Flor- ida Statutes, notice is given that if a person decided to appeal any deci- sion made by the Board with respect to any matter considered at such hearings or meetings, he will need a record of the proceedings, and that, for such purpose,he may need to en- sure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal •is to ,be based. Copies of the above-referenced ordi- nance.are.available for review at the various public libraries in Monroe County,Florida'. Dated at Key West, Florida,this 20th day of May,1997. DANNY L.KOLHAGE,Clerk of the Circuit Court and ex officio.Clerk of the Board of County Commissioners of Monroe County,Florida. i June 27th&July 4th 1997 4662 Serving the Florida Keys P.O. Box 1197 • Tavernier, Florida 33070-1197 (305) 852-3216 Fax: (305) 852-8249 STATEMENT OF PROOF OF PUBLICATION USPS#905580 STATE OF FLORIDA ) COUNTY OF MONROE ) Before the undersigned authority personally appeared DAVEE DOVE, who on oath, says that she is CLASSIFIED EDITOR of THE REPORTER, a weekly newspaper entitled to publish legal advertising published at Tavernier,Monroe County,Florida: that the attached copy of advertisement,being a legal ad. IN THE MATTER OF NOTICE OF INTENTION IN THE Court, was published in said newspaper in the issues of 6/26 and 7/3/97. Affiant further says that the said REPORTER is a newspaper published at Tavernier,in said Monroe County, Florida,and that the said newspaper has heretofore been continuously published in the said Monroe County, Florida, each week (on Thursday), and has been entered as second class mail matter at the Post Office in Tavernier,in said County of Monroe,Florida,for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any firm,person,or corporation any discount, rebate, commission or refund for the purpose of securing this said advertisement for publication in the said newspaper. � : �X' SEAL SWORN TO AND SUBSCRIBED BEFORE ME THIS 3RRD DAY OF LY A.D. , 1997 NOTARY PUBLIC Ay'RY pU OFFICJAL NOTARY SEAL eei AREN E CUSH AN MY COMMISSION EXPIRES: 12 COR605 NUMBER jl?,e, N QUO MY COMMISSION EXPIRES OF F%.O AUG. 29,1998 4663 J 1 �I NOTICE OF INTENTION TO CONSIDER- ADOPTION OF Q_VNTY ORDINANCE NOTICE IS HEREBY GIVEN TO WHOM-ITMAYCONCERN that on Wednesday,July 16, 1997, at 10:00 A.M.at the.Harvey Center- Truman School, 1200 Truman Avenue, Key West, Monroe County, Florida,the Board of County Commissioners of Monroe County,Florida, intends to consider the adoption of the following County ordinance: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS —OF MONROE COUNTY, FLORIDA, IMPOSING AN ADDITIONAL ' COST OF$15.00 IN CASES WHERE A PERSON,AFTER AUGUST 1, 1997,IS FOUND GUILTY OF ANY MISDEMEANOR WHERE THE UNLAWFUL USE OF DRUGS OR ALCOHOL IS INVOLVED;PRO- VIDING THATFOR EACH$15.00 COLLECTED,$14.00 WILL GO TO LOCAL SUBSTANCE ABUSE TREATMENTPROGRAMS AND$1.00 TOTHE CLERK OFTHE COURTAS A SERVICE CHARGE;PROV ID- .ING FOR SEVERABILITY;PROVIDING FOR REPEAL OF ALL OR- DINANCES INCONSISTENT HEREWITH; PROVIDING FOR IN- CORPORATION INTO THE MONROE COUNTY CODE OF ORDI- NANCES;AND PROVIDING AN EFFECTIVE DATE. Pursuant to Section 286.0105,Florida Statutes,notice is given that if a person decided'.to appeal any decision.raadeby the,Board.with respect to , any matter considered at such hearing or meeting,he will need a record of the proceedings,and that,for such purpose,he may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based. Copies of the above-referenced ordinance are available for review at the various public libraries in Monroe County,Florida. - DATED at Key West,Florida,-this 20th day of June,1997 DANNY L.KOLHAGE Clerk of the Circuit Court and ex officio Clerk of the Board of County Commissioners of Monroe County,Florida Published:6/26 and 713/97 The Reporter _ Tavernier,FL 33070 4664 i Published Bally Key West, Monroe Coun(y, Florida 3304 0 STATE OF FLORIDA COUNTY OF MONROE; Before (lie undersigned authority personally appeared Randy G. Erickson, who on oath says that he is Advertising Manager of the Key West Citizen; a daily newspaper published at Key West in (Monroe County, Florida; that the attached copy of the advertisement, being a legal notice in the matter of 1n J) a�-) -4y c.j)'!�iCu in the ', court, was published in said newspaper in (lie issues of �j �► `� G� Affiant further says that.the said The Key West Citizen is a newspaper published at Key West, in said Monroe County, Florida, and that the said newspaper has heretofore been continuously published in said Monroe County, Florida, each day (except Saturdays and specified holidays) and has been entered as second-class mail matter at the post office in Key West, in said Monroe County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has nei- ther paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said news- paper. (Signature of Affiant) Sworn to and subscribed before me this Z O day of __ _ 1997 (Signature of Notary Public) (Nar6e of Notary Public) Expires" - I . I -- l +J� •iM�:�'"•.. TeresaGa Darling Personally Knov�n n or Produced Identificatio MYCOMMISSIONMCC585942EXPIRES September 17,2000 %F pF `•• BONDED THRU TROY FAIN INSURANCE,INC. l yl)c' of I<1 nlltl ,. tin i'I<xluc;c'cl 4665 NOTICE OF INTENTION TO CON- SIDER ADOPTION OF COUNTY . ORDINANCE NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on.^ Wednesday, July-16,1997 at 10:00 , AM at the Harvey. Center-Truman . School, 1200 Truman Avenue, Key West, Monroe County, Florida, the , Board of County Commissioners of Monroe County, Florida, intends to consider ` the adoption of the following County ordinance: + AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ' MONROE COUNTY,IMPOSING AN ADDITIONAL_COST OF:$15.00 IN CASES WHERE A PERSON,AFTER ; AUGUST 1,1997,1S'FOUND GUILTY OF ANY MISDEMEANOR WHERE THE UNLAWFUL USE OF DRUGS OR.ALCOHOL IS IN- VOLVED;PROVIDING THAT FOR EACH$f5.00 COLLECTED,$14.00 WILL GO TO LOCAL SUBSTANCE ABUSE TREATMENT PROGRAMS AND$1.00 TO THE CLERK OF THE COURT AS A SERVICE CHARGE'; PROVIDING FOR SEVERABILITY: PROVIDING FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH;PROVIDING FOR IN- CORPORATION INTO THE MON- ROE COUNTY CODE OF ORDI- NANCES;AND PROVIDING AN EF- FECTIVE DATE. Pursuant to Section 286.0105, Flor- ida Statutes, notice is given that if a person decided to appeal any deck. sion'made by the Board with respect, to any matter considered at. such hearings or meetings, he will need a record of the proceedings, and that, for such purpose,he may need to en-. sure that a verbatim record of the proceedings is made, which record includes the testimony and evidence' upon which the appeal is to be based. Copies of the above-referenced ordi-' nance are available for review at the various public libraries in Monroe County,Florida. Dated at Key West,Florida;this 20th day of May, 1997, DANNYL.KOLHAGE Clerk of the' Circuit Court and.exofficio Clerk of: the Board of County Commissioners, June 27th of Monroe County,Florida. 4666 Published Daily Key West, Monroe County, Florida 33040 STATE OF FLORIDA COUNTY OF MONROE, Before the undersigned authority personally appeared Randy G. Erickson, who on oath says that he is Advertising Manager of the Key West Citizen; a daily newspaper published at Key West in Monroe County, Florida; that the at(<jched copy of the advertisement, being a legal notice in the matter of l-� r r 1 ► l.C�(1 � '' in the court, was published in said newspaper in the issues of w ;T7 `` �� q I ') Affiant further says that-the said The Key West Citizen is a newspaper published at Key West, in said Monroe County, Florida, and that the said newspaper has heretofore been continuously published in said Monroe County, Florida, each day (except Saturdays and specified.holidays) and has been entered as second-class mail matter at the post office in Key West, in said Monroe County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has nei- ther Paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said news- paper. a1'A? ignalure of Affiant) Sworn to and sub)crlbed before me this jv day of _ _ 1997 (Signature of Notary Public) -- (Nanie of Notary Pul?lit c) Expires Personally Known or Produced Identificallon """Y��. Teresa aayleDarting *: *? MY COMMISSION b CC586942 EXPIRES September 17,2000 '•%�;,",h�' BONDED T}MiU 7R0V FAIN INSURANCE,INC. Iy1w of idoII III I( II(I I t'I(AtIc(�d 4667 NOTICE OF INTENTION TO CON- SIDEA ADOPTION OF COUNTY ° ORDINANCE. NOTICE, IS HEREBY GIVEN TO?' W�OM rf MAY CONCERN that on Wednesd" Ary.16, 1997 at 10:00.- AM at the Harvey Center-Truman ; School, 1200 Truman Avenue, Key; West, Monroe County, Florida, the; Board of County Commissioners of. Monroe,- County, Florida, intends to consider the adoption of the following County'' ordinance: AN ORDINANCE OF THE BOARD - OF COUNTY COMMISSIONERS'OF MONROE COUNTY,IMPOSING AN ADDITIONAL COST OF$15.00 IN CASES WHERE APERSON,AFTER AUGUST 1,1997,IS FOUND GUILTY OF ANY MISDEMEANOR WHERE THE UNLAWFUL USE OF DRUGS OR,ALCOHOL IS IN- VOLVED;PROVIDING THAT FOR EACH$15.00 COLLECTED,$14.00 WILL'GO TO LOCAL SUBSTANCE ABUSE TREATMENT PROGRAMS AND$1.00 TO THE CLERK OF THE COURT AS A SERVICE CHARGE; PROVIDING FOR SEVERABILITY: PROVIDING FOR THE REPEAL OF ALL ORDINANCES INCONSISTENTIi HEREWITH;PROVIDING FOR IN- t CORPORATION INTO THE MOH- ROE COUNTY CODE OF ORDI- NANCES.;AND PROVIDING AN EF-;� FECTIVE DATE. Pursuant to Section,286.0105, Flor- ida Statutes, notice is given that if a, person decided to appeal any deci-,N sion made by the Board with respect, to any matter considered at such'# hearings or meetings,he will need a record of the proceedings, and that,*" for such purpose,he may need to en sure that a verbatim'record of the;l proceedings is made,-which record includes the testimony and evidence upon which the appeal is to be based. Copies of the above-referenced ordi nance are available for review at the,; various public libraries in Monroe County,Florida. , Dated at Key West,Florida,this 20th, day of May,1997. DANNY L.KOLHAGE,Clerk of the' Circuit Court and ex off icio Clerk of the Board of County Commissioners of Monroe County,Florida. June 27th&Julyr 4th,1997 _. 4668 PROOF OF PUBLICATION r THE FLORIDA KEYS KEYNOTER Published Twice Weekly MARATHON, MONROE COUNTY, FLORIDA STATE OF FLORIDA ) COUNTY OF MONROE) Before the undersigned authority personally appeared_r TOm Schumaker _--_who on oath, says that he/she i ---_ Publisher of the FLORIDA KEYS KEYNOTER, a twice weekly newspaper published at MARATHON, in MONROE COUNTY, FLORIDA; that the attached copy of advertisement, being Notice of INtention to IN THE MATTER OF: Consider Adoption of County Ordinance — Imposing Additional Costs in the is eameanor 5rugs7Alcohol ------------------------=----------- - Court was published in said newspaper in the issues of June 25, July 5, 1997 no.1403000 ' Alliant further says that the said FLORIDA KEYS KEYNOTER is a newspaper NOTICE OF INTENTION TO ADOPTION OF at MARATHON, in said MONROE COUNTY, FLORIDA, and that the said news- CO COUNTY ORDNANCE' paper has heretofore been continuously published in said MONROE COUN- NOTICE HEREBY GIVEN at WHOM IT MAY CONCERN that -on Wednesday,.July 1 6;-1997,at TY. FLORIDA, twice each week (on Wednesday and Saturday) and has been 10:00 AM at the Harvey Center- Truman School, 1200 Truman entered as second class mall matter at the post office in MARATHON, to Avenue, Key_ West, Monroe County,, Florida, the Board',of County Commissioners of,Mon- said MONROE COUNTY, FLORIDA. for a period of one year next preceding rod County, Florida, intends to consider the adoption of the fol- the first publication of the attached copy of advertisement; and affiant fur- lowing County.ordinance: - AN ORDINANCE OF THE BOARD ther says that he has neither paid nor promised any person, firm, or co o- OF C0 Lj+TY COMMISSIONERS rp OF MONROE COUNTY, FLORI- DA-IMPOSING AN ADDITIONAL. ration any discount, rebate, commission or refund for the purpose of secur- COST FWHERE-A PERSON,AFTER CASES AU- ing this advertisement for publication in the said newspaper.(SEAL) GUST 1, 1997, IS FOUND, GUILTY OF. ANY MIS- DEAMEANOR WHERE THE UN- LAWFUL OF IS ISNVOLVED; PROVID- ING THAT FOR EACH-$15.00 COLLECTED. $14.00 WILL GO TO LOCAL SUBSTANCE ABUSE TREATMENT PROGRAMS AND $1.00.TO THE CLERK OF1'HEii COURT AS A SERVICE CHARGE;i dL,:2PROVIDING FOR SEVERABILI-!! _—_�--- — --- ------ --- — TY; PROVIDING FOR THE RE-' PEAL OF ALL ORDINANCES IN-. CONSISTENT HEREWITH; PRO-; VIDING FOR-INCORPORATION BARBFlRA M.VOSBURGH INTO THE MONROE COUNTY ONOTAR My Comm Exp:4/13/2001 CODE OF ORDINANCES; ANDS(Seal) PROVIDING FOR AN EFFECTIVE DATE. Bonded By Sendce Ins Plo.CC638502 ;Fl Pursuant;-to Section 286.0105, ,QU Pesonally Krim I I other I.D. G. orida-Statutes, notice is given 1+ that if a person decides to appeal •any decision made by the,Board SWORN TO AND SUBSCRIBED BEFORE ME THIS 7th sidered-at t e any ingrmat h-con- , sidered-at the hearing;he will need:arecord of the proceedings, and`tli'!ae for such purpose, he may need to ensure that a 3erba- tim record of the proceedings is made,which record includes the testimony and evidence upon DAY OF July _N A.D. 9] which the appeal is to be based. Copies of the above-referenced ordinance are available for review at the various-public libraries in Monroe County,Florida. /1 Dated at Key West, Florida,this 20th day of June,1997. DANNY L KOLHAGE, • Clerk of the Circuit Court and ex officio Clerk of the Board. of County Cone missioriers of Monroe County,Florin, Publish June 25.July 5,1997 4669 Florida Keys Keynoter J 893 165 C ouuiiity auimd()mlll°uiu::ur diruug albuusu:: tiru;:atiriruiu::uimm our...0 IIC:III...St III §893 165 ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ West's Florida Statutes Annotated Title XLVL Crimes(Chapters 775-899) Chapter 893.Drug Abuse Prevention and Control(Refs&Annos) West's F.S.A. § 893.165 891165.County alcohol and other drug abuse treatment or education trust funds Effective:July 1,2014 Currentness (1)Counties in which there is established or in existence a comprehensive alcohol and other drug abuse treatment or education program which meets the standards for qualification of such programs by the Department of Children and Families are authorized to establish a County Alcohol and Other Drug Abuse Trust Fund for the purpose of receiving the assessments collected pursuant to s. 938.23 and disbursing assistance grants on an annual basis to such alcohol and other drug abuse treatment or education program. (2)Assessments collected by the clerks of court pursuant to s. 938.23 shall be remitted to the board of county commissioners of the county in which the indictment was found or the prosecution commenced for payment into the County Alcohol and Other Drug Abuse Trust Fund. The county commissioners shall require a full report from all clerks of county courts and clerks of circuit courts once each month of the amount of assessments imposed by their courts. (3)(a)No county shall receive assessments collected pursuant to s. 938.23 in an amount exceeding that county's jurisdictional share as described in subsection(2). (b)Assessments collected by clerks of circuit courts having more than one county in the circuit,for any county in the circuit which does not have a County Alcohol and Other Drug Abuse Trust Fund, shall be remitted to the Department of Children and Families,in accordance with administrative rules adopted,for deposit into the department's Grants and Donations Trust Fund for distribution pursuant to the guidelines and priorities developed by the department. (4)No assessments shall be remitted to a county until the board of county commissioners has submitted documentation to the court substantiating the establishment of its County Alcohol and Other Drug Abuse Trust Fund. (5)If the board of county commissioners chooses to establish a County Alcohol and Other Drug Abuse Trust Fund,the board shall be responsible for the establishment of such fund and its implementation,administration, supervision,and evaluation. (6)In order to receive assistance grants from the County Alcohol and Other Drug Abuse Trust Fund,county alcohol and other drug abuse prevention,treatment,or education programs shallbe designatedby the board of county commissioners as the chosen program recipients.Designations shall be made annually,based on success of the programs. 4670 893 165 tkmiiimmy aIII(x)llliiol auim6()mlll°ui4::ur dingg allNgs4:: tir4;:atiriruiq::uimm our...0 IIC:III...St III §893 165 (7)An alcohol and other drug abuse treatment or education program recipient shall,in seeking assistance grants from the County Alcohol and Other Drug Abuse Trust Fund,provide the board of county commissioners with detailed financial information and requests for expenditures. Credits Added by Laws 1988, c. 88-381, § 4;Laws 1993, c. 93-494, § 3. Amended by Laws 1997, c. 97-271, § 37, eff. Rely 1, 1997; Laws 1999, c. 99-8, § 305, eff. Jime 29, 1999;Laws 2009, c. 2009-47, § 5, eff. Rely 1, 2009;Laws 2014, c. 2014-49, § 307, eff. Jitly 1,2014. Notes of Decisions(4) West's F. S. A. § 893.165,FL ST§ 893.165 Current with laws,joint and concurrent resolutions and memorials through April 15,2024,in effect from the 2024 first regular session. Some statute sections may be more current,see credits for details. The statutes are subject to change as determined by the Florida Revisor of Statutes. (These changes will be incorporated later this year.) V_:uurll ai0"V'Yaafl ouuuna°irnfi t 1�)1 I Ilit,ri�st,r�1'xii9x„���: ".t,x 12�iri�9t,in��,iu�I1 .°;,�u»x�r7nlxtr79 r"�in'Ls, 4671 93I1.23 Assliistaiirce gurauimms foir alllum nlll°ui nlll auimd()mlll°uiu::ur diruug albuusu::'Ilfpurngirairuruisu IIC:III... S III §938 23 ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ West's Florida Statutes Annotated Title XLVII.Criminal Procedure and Corrections(Chapters 900-999)(Refs&Annos) Chapter 938.Court Costs Part IV.Discretionary Costs in Specific Types of Cases West's F.S.A. §938.23 938.23.Assistance grants for alcohol and other drug abuse programs Effective:July 1,2014 Currentness (1)In addition to any fine imposed by law for any criminal offense under chapter 893 or for any criminal violation of s.316.193, s. 856.011, s. 856.015, or chapter 562,chapter 567,or chapter 568,the court shall be authorized,pursuant to the requirements of s. 938.21, to impose an additional assessment in an amount up to the amount of the fine authorized for the offense. Such additional assessments shall be deposited for the purpose of providing assistance grants to drug abuse treatment or alcohol treatment or education programs as provided in s. 893.165. (2)All assessments authorized by this section shall be collected by the clerk of court and remitted to the jurisdictional county as described in s.893.165(2)for deposit into the County Alcohol and Other Drug Abuse Trust Fund or remitted to the Department of Revenue for deposit into the Grants and Donations Trust Fund of the Department of Children and Families pursuant to guidelines and priorities developed by the department. If a County Alcohol and Other Drug Abuse Trust Fund has not been established for any jurisdictional county, assessments collected by the clerk of court shall be remitted to the Department of Revenue for deposit into the Grants and Donations Trust Fund of the Department of Children and Families. Credits Added by Laws 1988,c. 88-381, § 3;Laws 1990,c. 90-411, § 3;Laws 1993,c. 93-494, §2;Laws 1994,c. 94-407, §4;Fla.St. 1995, §893.16.Renumbered as 938.23 and amended by Laws 1997,c. 97-271,§ 19,eff. Duly 1, 1997.Amended by Laws 1999, c. 99-8, § 307, eff. June 29, 1999;Laws 2001, c. 2001-422, § 31, eff.lurch 1, 2002;Laws 2009,c. 2009.47, § 6, eff. July 1, 2009;Laws 2014,c.2014-49, § 314,eff. Duly 1,2014. Notes of Decisions(5) West's F. S. A. § 938.23,FL ST§ 938.23 Current with laws,joint and concurrent resolutions and memorials through April 15,2024,in effect from the 2024 first regular session. Some statute sections may be more current,see credits for details. The statutes are subject to change as determined by the Florida Revisor of Statutes. (These changes will be incorporated later this year.) huurll aid"V'O ououn IIA 202 1111orilr,oq RoII9orr "-o x 12Iiril 90 orip, I 1I I uo�olnrii'm� \Vor., i., 4672