§ 11-7. Drug and alcohol court costs.

(a)

Findings. The Board of County Commissioners of Hernando County, Florida ("the board"), hereby finds and determines that there is established or in existence within Hernando County one or more comprehensive alcohol and other drug abuse treatment or education programs which meet the standards for qualification of such programs by the Florida Department of Children and Family Services.

(b)

Establishment of Hernando County Alcohol and Other Drug Abuse Trust Fund.

(1)

Pursuant to the authority granted under sections 893.13, 938.13, 938.21 and 938.23, Florida Statutes, there is hereby established the Hernando County Alcohol and Other Drug Abuse Trust Fund ("trust fund"), into which shall be deposited all monies remitted to Hernando County pursuant to sections 893.165, 938.13, 938.21 and 938.23, Florida Statutes. These monies shall be used only for the support of alcohol and other drug abuse treatment and educational programs based in Hernando County, Florida, which meet the standards of qualifications for such programs of the Florida Department and Family Services. All such assessments shall be collected by the Clerk of the Circuit Court ("the clerk") for deposit into the trust fund, with the exception of the $1.00 service charge for the clerk referenced in section 938.13, Florida Statutes. Monies in such trust fund will be held, distributed and accounted for in the manner set forth in section 893.165. Florida Statutes, and other appropriate Florida law. All monies on deposit in the trust fund at the end of any fiscal year shall be entirely carried forward into the trust fund for the ensuing fiscal year.

(2)

The board shall be responsible for the establishment, implementation, administration, supervision, and evaluation of the trust fund.

(3)

Once each month, the board shall require a full report from the clerk as to the amount of costs and assessments imposed by the courts, the amount of funds collected and deposited into the trust fund, and the amount of expenditures from the trust fund.

(c)

Mandatory costs. Pursuant to section 938.13, Florida Statutes, 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 an additional cost in the case, in addition to any other cost required to be imposed by the law, in the sum of $15.00. The clerk shall collect the $15.00 and forward $14.00 to the board to be deposited to the credit of the trust fund for allocation to local substance abuse programs under section 893.165, Florida Statutes. The Clerk shall retain the remaining $1.00 of each $15.00 collected as a service charge of the clerk's office.

(d)

Discretionary costs and assessments.

(1)

Pursuant to section 938.21, Florida Statutes, when any defendant who pleads guilty or nolo contendere to, or is convicted of any criminal violation under chapter 893, 562, 567, or 568, Florida Statutes, and/or sections 316.193, 856.011 or 856.015, Florida Statutes, in addition to any fine and other penalty provided by law, there shall be imposed a court cost, for alcohol and other drug abuse programs, in the amount of $15.00 or, in the judge's discretion, a greater amount not to exceed the fine authorized for the violation. Such costs shall be imposed in each case unless waived by the judge. The clerk shall collect the court cost, if imposed, and forward it to the board to be deposited to the credit of the trust fund for allocation to local substance abuse programs.

(2)

Pursuant to section 938.23, Florida Statutes, in addition to any fine imposed by law for any criminal offense under chapter 893 or for any criminal violation of sections 316.193, 856.011, 856.015 or chapters 562, 567, or 568, Florida Statutes, the court shall be authorized to impose an additional assessment in an amount up to the amount of the fine authorized for the offense, if the court finds that the defendant has the ability to pay the fine and the additional assessment and will not be prevented thereby from being rehabilitated or from making restitution. Any additional assessments shall be collected by the clerk and forwarded to the board to be deposited to the credit of the trust fund for the purpose of providing assistance grants to drug abuse treatment or alcohol treatment or education programs as provided in section 893.165, Florida Statutes.

(e)

Allocation of funds and selection of recipient programs.

(1)

Monies deposited into the trust fund shall be used to financially assist alcohol and other drug treatment or education programs based in Hernando County which meet the standards for qualification of such programs by the Florida Department of Children and Family Services.

(2)

Allocation of funds and selection of recipient programs. Monies collected pursuant to this section shall be allocated and budgeted by the board to local substance abuse programs approved or allowed under state law.

(Ord. No. 2014-13, § 1, 6-10-14)