§ 2-201. Drug abuse trust fund; additional assessment for certain criminal offenses relating to possession of and trafficking in controlled substances.

(a)

Definitions. For the purpose of this section, the following terms have only those meanings ascribed to them [in this subsection:]

Board of county commissioners. Board of county commissioners of Polk County, Florida.

Chief judge. Chief judge of Florida's Tenth Judicial Circuit.

Clerk. Clerk of the Circuit Court for Polk County, Florida.

County. The incorporated and unincorporated areas of Polk County, Florida.

Defendant. A person charged with a criminal offense pursuant to Chapter 893, Florida Statutes.

(b)

Creation and accounting of fund.

(1)

Pursuant to Section 893.13, Florida Statutes, when any defendant, on or after the effective date of the ordinance from which this section is derived, is found guilty of, or pleads nolo contendere to, a violation of any provision of Chapter 893, Florida Statutes, that is punishable as a criminal offense, in addition to any fine and penalty provided by law, may be assessed an amount up to the amount of the fine authorized for the violation. Such additional assessment shall be used for drug abuse programs as provided by general law and this section. Pursuant to Section 893.13, Florida Statutes, 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.

(2)

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 the "drug abuse trust fund." 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 drug abuse trust fund, and the amount of expenditures from the drug abuse trust fund.

(c)

Expenditures. Monies deposited into the drug abuse trust fund shall be used to financially assist drug abuse treatment and education programs. In order to receive assistance grants from the drug abuse trust fund, county drug abuse treatment or education programs shall be selected as program recipients on the basis of selection procedures which shall be developed by the county administrator. Such procedures shall include as a basis for selection the success of the program. Final approval shall be made by the board of county commissioners upon recommendation by the county administrator, and selections shall be made annually.

(Ord. No. 90-04, §§ 1—3, 4-10-90)

Editor's note

Ordinance No. 90-04, adopted April 10, 1990, did not specifically amend this Code; hence, inclusion of §§ 1—3 as § 2-201 was at the discretion of the editor.

Cross reference

Courts, § 2-30 et seq.