§ 2-203. Sheriff's law enforcement education trust fund; assessment of additional court costs for certain criminal offenses.

(a)

Introduction. Be it ordained by the Board of County Commissioners of Polk County, Florida, duly assembled in regular session that a Sheriff's Law Enforcement Trust Fund is hereby created pursuant to the provisions of Section 938.15, Florida Statutes (1997) which allow counties to assess an additional two dollars ($2.00) for expenditures for criminal justice education degree programs and training courses.

(b)

Scope. This section shall apply in all unincorporated areas of Polk County, and within the corporate limits of each Polk County municipality, the governing body of which has no charter provision or ordinance which is in conflict with or duplicates this section.

(c)

Definitions.

Assessment shall mean two dollars ($2.00) additional cost taxed against each defendant.

Clerk shall mean clerk of the circuit court for Polk County, Florida.

Commission shall mean the board of county commissioners of Polk County, Florida.

County shall mean Polk County, Florida.

Defendant is a person convicted of a violation of any state penal or criminal statute or conviction for violation of a municipal or county ordinance including those individuals for whom adjudication of guilt is withheld.

Offense shall mean conviction for violation of a state penal or criminal statute or conviction for violation of a municipal or county ordinance.

Sheriff shall mean sheriff of Polk County, Florida.

(d)

Creation and accounting of fund.

(1)

When any defendant is found guilty of violating any state penal or criminal statute or is convicted of violation of a municipal or county ordinance or is a defendant for whom adjudication is withheld pursuant to the provisions of Section 318.14(9) or Section 318.14(10), Florida Statutes, or as provided for by municipal or county ordinance, he shall be assessed additional court costs. All courts created by Article V of the State Constitution within Polk County shall, in addition to any fine or other penalty assessed, impose a two dollar ($2.00) special assessment against defendants adjudicated within the court's jurisdiction or for whom adjudication is withheld as described above.

(2)

In addition, two dollars ($2.00) of every bond estreature or forfeited bail bond shall be assessed as court costs.

(3)

No such assessment may be made against any person convicted for violation of any state statute, municipal ordinance, or county ordinance relating to the parking of vehicles.

(4)

This assessment shall go into effect on or after the effective date of the ordinance from which this section is derived.

(5)

Once assessed, the clerk will keep a record of assessments, and those assessments shall be collected by the clerk. The clerk shall forward all assessment monies collected to the board of county commissioners for deposit into a special and separate account titled "sheriff's law enforcement education trust fund." Once each month, the board of county commissioners shall require a full report from the clerk as to the amount of the assessments imposed by its courts, the amount of funds collected and deposited into the sheriff's education trust fund, and the amount of expenditures from the sheriff's education trust fund.

(e)

Expenditures.

(1)

Workshops, meetings, conferences, and conventions shall, on a form approved by the board of county commissioners for use by the sheriff's office, be individually approved by the sheriff's department administrator prior to attendance. The forms shall include, but not be limited to, a demonstration by the sheriff's office of the purpose of the workshop, meeting, conference, or convention; the direct relationship of the training to the officer's job; the direct benefits the officer and agency will receive; and all anticipated costs.

(2)

The commission may inspect and copy the documentation of independent audits which are conducted.

(f)

Effective date. This section takes effect upon filing of the ordinance from which this section is derived, with the Secretary of State.

(Ord. No. 92-27, §§ 1—6, 9, 9-1-92; Ord. No. 98-70, §§ 1—4, 12-15-98)

Editor's note

Ordinance No. 92-27, §§ 1—6 and 9, adopted Sept. 1, 1992, did not specifically amend the Code; therefore, codification as § 2-203 was at the discretion of the editor. It should also be noted that § 8 of Ord. No. 92-27 provided for supersession of the board of county commissioners' resolution dated Dec. 14, 1982.