1 ORDINANCE NO. 04- I O AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ALACHUA COUNTY, FLORIDA AMENDING CHAPTER 123, ARTICLE I1 OF THE ALACHUA COUNTY CODE RELATING TO COURT FILING FEES AND COSTS; PROVIDING FOR SEVERABILITY; PROVIDING A REPEALING CLAUSE; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on November 3, 1998, the voters of Florida adopted Revision 7 to the Florida Constitution to amend Article V of the Constitution in order to address the problem of disparate court funding throughout the separate counties of the State; and WHEREAS, during the 2003 session of the State Legislature, the Legislature amended various provisions of the Florida Statutes in order to comply with the requirements of Revision 7; and WHEREAS, after review, the Legislature enacted further amendments to the Florida Statutes in order to provide a more equitable distribution of responsibility for funding the court system; and WHEREAS, the Florida Legislature created Section , Florida Statutes, which allows counties to adopt an ordinance assessing additional court costs not to exceed $65.00, to be used for funding innovations in the court system; legal aid progams; local law libraries; and alternative juvenile programs; and WHEREAS, the Florida Legislature amended Section , Florida Statutes, which allows each county to adopt an ordinance assessing a surcharge not to exceed $15.00 for any non-criminal traffic violation pursuant to Chapter 318, Florida Statutes, or criminal violations pursuant to Section , Florida Statutes, to be used to h d State court facilities; and
2 WHEREAS, the ability of the County to impose certain court related fees and charges was repealed by the Florida Legislature; and WHEREAS, the legislation allowing these additional costs requires that the Board of County Commissioners enact local legislation incorporating these costs; BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ALACHUA COUNTY, FLORIDA: Section 1. Chapter 123, Article 11, of the Alachua County Code is hereby amended in its entirety as follows: CHAPTER 123. COURTS-ARTICLE 11. FILING FEES; COSTS Sec Surcharge to Fund State Court Facilities Pursuant to Section (13), Florida Statutes, every person who pays a fine or civil penalty for any violation of a non-criminal traffic infraction pursuant to Chapter 318, and every person who pleads guilty or nolo contendere to, or is convicted, regardless of adjudication, of a violation of a non-criminal traffic infraction or a criminal violation of Section shall be assessed a surcharge of $15.00 (Fifteen Dollars). A non-criminal traffic infraction is defined in Section (1), Florida The court shall order payment of this additional court cost in all matters subject to this Ordinance, 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 pursuant to chapter 318, Florida Statutes, or a criminal violation of Section , Florida Statutes. (c) The funds collected pursuant to this Ordinance shall be used to fund State court facilities.
3 Sec Criminal justice education and training costs. Assessed. There is hereby assessed $2.00 as court costs against every person convicted for violation of a state penal or criminal statute, or convicted for violation of a municipal or county ordinance, or who pays a fine or civil penalty for any violation of Chapter 316, Florida Statutes; provided, however, that no such assessment shall be made against any person convicted of violation of any state statute, municipal ordinance, or county ordinance relating to the parking of vehicles. (b) Collection. The clerk of the court shall collect all costs assessed pursuant to subsection, above, and shall remit such costs to the board of county commissioners. (c) Purpose. All costs collected pursuant to subsection (b), above, shall be expended solely for criminal justice education and training, including basic training for county law enforcement and correctional officers, part-time law enforcement officers, auxiliary officers, and support personnel; provided that such education and training activities conform to the requirements of F.S Sec Alcohol and other drug abuse trust fund; assistance grants. Establishment. There is hereby established the Alachua County Alcohol and Other Drug Abuse Trust Fund. Assessments imposed by the courts and collected pursuant to F.S. $ shall be deposited in the fimd. The county shall be responsible for the implementation, administration, supervision and evaluation of the hnd. (b) Expenditures. Monies in the fund shall be used only for assistance grants by the board of county commissioners to county-based alcohol and other drug abuse treatment or education programs that meet the qualifications of the state department of children and family services and that are designated by the board of county commissioners as program recipients.
4 Selection shall be based on the success of the program. Designation of program recipients shall be made annually upon recommendation to the board of county commissioners by the county manager, with final designation approval to be made by the board of county commissioners. A county alcohol and other drug abuse treatment or education program that requests an assistance grant from the county shall provide the county with detailed financial information, along with its request for an assistance grant. (c) Collection of assessment. In those criminal cases in which the indictment was found in the county or the prosecution was commenced in the county and the court imposes an additional assessment pursuant to F.S , the clerks of courts shall collect and remit the collected assessments to the board of county commissioners for deposit in the county's alcohol and other drug abuse trust fund. Sec Additional charge allocated for local substance abuse treatment program. Imposition of costs. Pursuant to F.S , when any person 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 by the court an additional cost in the case, in addition to any other cost required to be imposed by law, in the sum of $ Under no condition shall a political subdivision be held liable for payment of such sum. (b) Collection of costs by the clerk. The clerk of the court shall collect the $15.00 and forward $14.00 thereof to the board of county commissioners of the county as described in F.S (2) to be deposited to the credit of the Alachua County Alcohol and Other Drug Abuse Trust Fund for allocation for the county's local substance abuse treatment programs under F.S The clerk shall retain the remaining $1.00 of each $15.00 collected as a service charge of the clerk's office.
5 Sec Assessment of Additional Court Costs. Pursuant to Section , Florida Statutes, an additional court cost of $65.00 (Sixty-Five Dollars) 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 Statutes. Funds received ffom the additional court cost shall be accounted for separately and shall be allocated as follows: 1. Twenty-five percent (25%) shall be allocated to fund innovations to supplement State funding for the elements of the State court system in Alachua County identified in Sections and (2)2, Florida Statutes. 2. Twenty-five percent (25%) shall be allocated to assist in providing legal aid programs in Alachua County required under Section (3), Florida Statutes. 3. Twenty-five percent (25%) shall be allocated to fund law libraries in Alachua County. 4. Twenty-five percent (25%) shall be used as determined by the Board of County Commissioners to support teen court programs, juvenile assessment centers, and other juvenile alternative programs. Section 3. Severability. It is the declared intent of the Board of County Commissioners that, if any section, subsection, sentence, clause, phrase, or provision of this ordinance is held invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not be so construed as to render invalid or unconstitutional the remaining provisions of this ordinance.
6 Section 4. Repealing Clause. All ordinances or parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed. Section 5. Inclusion in the Code, Scrivener's Error. It is the intention of the Board of County Commissioners of Alachua County, Florida, and it is hereby provided that the provisions of this ordinance shall become and be made a part of the Code of Laws and Ordinances of Alachua County, Florida; that the sections of this ordinance may be renumbered or relettered to accomplish such intention; and that the word "ordinance" may be changed to "section," "article," or other appropriate designation. The correction of typographical errors which do not affect the intent of the ordinance may be authorized by the County Manager or designee without public hearing, by filing a corrected or recodified copy of the same with the Clerk of the Circuit Court. Section 6. Effective Date. A certified copy of this ordinance shall be filed with the Department of State by the Clerk of the Board of County Commissioners within ten (10) days after enactment by the Board of County Commissioners, and shall take effect upon filing with the Department of State. DULY ADOPTED in regular session, this 22nd day of June, A.D., BOARD OF COUNTY COMMISSIONERS OF ALACHUA COUNTY, FLORIDA By:. \tbli,?l Mike Byerly, Cha~r 1 APPROVED AS TO FORM Alachua County &mey
CHAPTER 12.1-32 PENALTIES AND SENTENCING 12.1-32-01. Classification of offenses - Penalties. Offenses are divided into seven classes, which are denominated and subject to maximum penalties, as follows:
SECTION 5.12 OF THE MUNICIPAL CODE OF THE TOWN OF SHEBOYGAN SHEBOYGAN COUNTY, WISCONSIN SEXUAL OFFENDER RESIDENCY RESTRICTIONS WHEREAS, the Wisconsin State Statutes provide for the punishment, treatment
STATE OF MAINE LAWS RELATING TO PERMITS TO CARRY CONCEALED HANDGUNS PREPARED BY THE OFFICE OF THE MAINE ATTORNEY GENERAL AUGUSTA, MAINE May 30, 2014 NOTICE TO APPLICANTS AND HOLDERS OF CONCEALED HANDGUN
TEXAS CONCEALED HANDGUN LICENSE LAWS AND SELECTED STATUTES 2013-2014 issued by Texas Department of Public Safety Austin, Texas CHL-16 (revised) June 2014 This publication contains laws created and amended
Public Law 89-110 Voting Rights Act of 1965 Eighty-ninth Congress of the United States of America AT THE FIRST SESSION Begun and held at the City of Washington on Monday, the fourth day of January, One
NURSE PRACTICE ACT STATUTES & ADMINISTRATIVE REGULATIONS July 2014 Revised April 2015 KANSAS STATE BOARD OF NURSING LANDON STATE OFFICE BUILDING 900 SW JACKSON, SUITE 1051 TOPEKA, KS 66612-1230 www.ksbn.org
June 19 CRIME CONTROL P.L. 90-351 OMNIBUS CRIME CONTROL AND SAFE STREETS For Legislative History of Act, see p. 2112 PUBLIC LAW 90-351; 82 STAT. 197 [H. R. 5037] An Act to assist State and local governments
H. R. 3763 One Hundred Seventh Congress of the United States of America AT THE SECOND SESSION Begun and held at the City of Washington on Wednesday, the twenty-third day of January, two thousand and two
State of New York - Department of Law Solicitation and Collection of Funds for Charitable Purposes Article 7-A, Executive Law & Administration of Charitable Assets Section 8-1.4, Estates, Powers and Trusts
LAW GOVERNING THE PRACTICE OF NURSING Louisiana Revised Statutes 37:911 et seq. as re-enacted and amended REGISTERED NURSES 2010 Louisiana State Board of Nursing 17373 Perkins Road Baton Rouge, LA 70810
Texas Constitution Includes Amendments Through the November 4, 2014, Constitutional Amendment Election Texas Constitution Includes Amendments Through the November 4, 2014, Cons tu onal Amendment Elec on
SUBSTANCE ABUSE PROGRAM OFFICE CHAPTER 65D-30 SUBSTANCE ABUSE SERVICES Title Definitions 65D-30.001 65D-30.002 Department Licensing and Regulatory Standards 65D-30.003 Common Licensing Standards 65D-30.004
Constitution of the State of Wyoming Includes All Amendments Approved On Or Before November 12, 2008 Published By Max Maxfield Secretary of State Wyoming Secretary of State State Capitol Building 200 West
Chapter 135. Retirement System for Teachers and State Employees; Social Security; State Health Plan for Teachers and State Employees. Article 1. Retirement System for Teachers and State Employees. 135-1.
Consolidated Patent Laws - May 2015 Update United States Code Title 35 - Patents [Editor Note: Updated May 2015. Includes the changes made by the Patent Law Treaties Implementation Act of 2012 (PLTIA),
Preamble We the people of the State of Arizona, grateful to Almighty God for our liberties, do ordain this Constitution. ARTICLE I. STATE BOUNDARIES 1. Designation of boundaries The boundaries of the State
Appendices Change of Address Form Glossary of Notary Terms Florida Notary Laws GOVERNOR'S REFERENCE MANUAL FOR NOTARIES 69 70 GOVERNOR'S REFERENCE MANUAL FOR NOTARIES Change of Address Florida law requires
NORTH CAROLINA STATE CONSTITUTION PREAMBLE We, the people of the State of North Carolina, grateful to Almighty God, the Sovereign Ruler of Nations, for the preservation of the American Union and the existence
Working Conditions Act 1998 We, Beatrix, by the grace of God, Queen of the Netherlands, Princess of Oranje-Nassau, &c. Greetings to all those who shall see this or hear it read, and be informed that: Whereas
H. R. 3295 One Hundred Seventh Congress of the United States of America AT THE SECOND SESSION Begun and held at the City of Washington on Wednesday, the twenty-third day of January, two thousand and two
FLORIDA RETIREMENT SYSTEM PENSION PLAN SUMMARY PLAN DESCRIPTION as of July 1, 2012 FLORIDA RETIREMENT SYSTEM PENSION PLAN SUMMARY PLAN DESCRIPTION The following summary is a brief description of the Florida
CONSTITUTION and BY-LAWS of THE NATIONAL BASKETBALL ASSOCIATION May 29, 2012 i TABLE OF CONTENTS Interpretation 1 CONSTITUTION Page 1. Name of Association 5 2. Principles of Organization 5 3. Conflicts
Michigan Civil Service Commission Civil Service Rules as of May 20, 2015 Michigan Civil Service Commission TERM EXPIRES THOMAS (MAC) WARDROP, Grand Rapids December 31, 2016 ROBERT W. SWANSON, Lansing December
CITY OF BOCA RATON POLICE & FIREFIGHTERS RETIREMENT SYSTEM AND CONSULTING SERVICES AGREEMENT This Agreement, made as of the day of, 2015 between the Board of Trustees of the City of Boca Raton Police &
1 DIRECT SELLERS c. D-28 The Direct Sellers Act being Chapter D-28 of the Revised Statutes of Saskatchewan, 1978 (effective February 26, 1979) as amended by the Statutes of Saskatchewan, 1983, c.77; 1984-85-86,