§ 16-62. Creation of fund and accounting.

(a)

Pursuant to F.S. § 893.13, the court may assess any defendant, on or after February 1, 1989, who is found guilty of, or pleads nolo contendere to, a violation of any provision of F.S. ch. 893, or which involves a criminal violation of F.S. § 316.193, 856.011, 856.015, or F.S. ch. 562, 567, or 568, in addition to any fine and other penalty imposed by law for any criminal offense under this chapter or for any criminal violation of F.S. § 316.193, 856.011, 856.015, or F.S. ch. 562, 567, or 568, an amount up to the amount of the fine authorized for the violation. Such additional assessment shall be used for alcohol and other drug abuse programs as provided by general law and this article. Pursuant to F.S. § 893.13, the court is authorized to order a defendant to pay such assessment if it finds that the defendant has the ability to pay the fine and the additional assessment, and the defendant will not be prevented from being rehabilitated or from making restitution.

(b)

Pursuant to F.S. § 938.13, the clerk shall collect $15.00 from any defendant found guilty of any misdemeanor under the laws of this state in which there is the unlawful use of drugs or alcohol.

(c)

Once assessed, the clerk will keep a record of assessments and those assessments shall be collected by the clerk. The clerk shall forward all monies collected to the board of county commissioners for deposit into a special and separate account titled "alcohol and other drug abuse trust fund," except the clerk shall retain $1.00 of each $15.00 collected pursuant to F.S. § 938.13, as a service charge. Once each month, the board of county commissioners shall require a full report from the clerk as to the amount of assessments imposed by its courts, the amount of funds collected and deposited into the alcohol and other drug abuse trust fund, and amount of expenditures from the alcohol and other drug abuse trust fund.

(Code 1982, § 1-7-22; Ord. No. 89-03, pt. A, 1-24-1989; Ord. No. 95-45, pt. B, 9-19-1995; Ord. No. 10-005, pt. A, 2-2-2010)