§ 2-202. Collection of additional cost in misdemeanor cases involving unlawful use of drugs or alcohol.

(a)

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

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

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 misdemeanor involving the unlawful use of drugs or alcohol.

Department. Department of Health and Rehabilitative Services of the state.

Treasurer. Treasurer of the state.

(b)

Imposition of costs. When any defendant, on or after May 1, 1990, 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 fine or cost required to be imposed by law, the sum of fifteen dollars ($15.00).

(c)

Collection of costs by clerk. The clerk shall collect the fifteen dollars ($15.00) and forward fourteen dollars ($14.00) thereof to the county, in those cases where the indictment was found or the prosecution commenced in the county, to be deposited to the credit of the county alcohol and other drug abuse trust fund for allocation to local, qualified alcohol or other drug abuse treatment or education programs on an annual basis pursuant to Sections 893.165 and 938.23, Florida Statutes. The clerk shall retain the remaining one dollar ($1.00) of each fifteen dollars ($15.00) collected as a service charge of the clerk's office.

(d)

Allocation of funds and selection of recipient programs. Allocation of monies collected to specific treatment or education programs shall be determined by the board of county commissioners pursuant to department criteria and guidelines. In addition to department criteria and guidelines, additional selection procedures may be developed by the county administrator to select eligible programs. Final approval shall be made by the board of county commissioners upon recommendation by the county administrator, and selection shall be made annually based on the success of the program.

(Ord. No. 90-05, §§ 1—4, 4-10-90; Ord. No. 98-64, §§ 1, 2, 12-1-98)

Editor's note

Ordinance No. 90-05, adopted April 10, 1990, did not specifically amend this Code; hence, inclusion of §§ 1—4 as § 2-202 was at the discretion of the editor.

Cross reference

Courts, § 2-30 et seq.