Sec. 34-2. - Filing fees for civil actions, probate matters.
Sec. 34-3. - Service charges for support of mediation and arbitration programs.
Sec. 34-4. - Additional costs for criminal justice programs.
Sec. 34-7. - Assessment of court costs to fund juvenile assessment center.
Sec. 34-9. - Additional court costs in criminal and delinquency cases.
Sec. 34-10. - Surcharge in traffic cases.
Secs. 34-11—34-30. - Reserved.
Editor's note—
Ord. No. 94-11, § 1, adopted June 14, 1994, repealed former § 34-1, which pertained to compensation for clerk of circuit court for duties performed as clerk of county court.
Sec. 34-2. - Filing fees for civil actions, probate matters.
(a)
In addition to the filing of fees established by F.S. §§ 28.2401, 28.241 and 34.041, there shall be an additional charge for any probate matter, circuit civil action, landlord-tenant action, suit or proceeding filed in the circuit court or county court of the county. The additional fees shall be paid to the clerk of the court by the party instituting or filing the probate matter or civil action or proceeding as detailed in the following schedule:
| Amount of Additional Charge |
(1)
General civil, if filed in county court .....$24.00
General civil, if filed in circuit court .....29.00
(2)
Dissolutions of marriage .....47.00
(3)
Removal of tenant .....29.00
(4)
Summary administration .....60.00
(5)
Family administration .....60.00
(6)
Formal administration and guardianship of property .....60.00
(7)
Guardianships .....60.00
(8)
Small estates .....27.00
(9)
Caveats .....27.00
(b)
The additional charges set forth in subsection (a) of this section shall be retained by the clerk to be utilized for providing and maintaining facilities for the use of the courts, including court support services, except that $15.00 of each additional charge for a county court filing and $20.00 for a circuit court filing shall be disbursed by the clerk on a monthly basis to the Bay Area Legal Services for the purpose of providing legal services to indigent residents of the county.
(Code 1970, § 5-2.4; Ord. No. 88-27, §§ 1, 2, 9-27-88; Ord. No. 90-07, §§ 1, 2, 6-12-90; Ord. No. 02-24, § 4, 9-17-02)
State law reference— Additional filing fees authorized, F.S. §§ 28.2401, 28.241, 34.041.
Sec. 34-3. - Service charges for support of mediation and arbitration programs.
(a)
Civil proceedings in circuit court. The clerk of the court is authorized and enjoined to collect a service charge of $5.00 on any civil proceeding commenced in the sixth judicial circuit in and for the county. All funds derived from the imposition of the service charge set forth in this subsection shall be deposited in the mediation-arbitration account under the supervision of the chief administrative judge of the sixth judicial circuit in and for the county. Of each charge collected, $1.00 shall be forwarded to the office of the state courts administrator and the remainder utilized to fund mediation and arbitration programs.
(b)
Civil proceedings in county court. The clerk of the court is authorized and enjoined to collect a service charge of $5.00 on any civil proceeding commenced in county court in and for the county. All funds derived from the imposition of the service charge set forth in this subsection shall be deposited in the mediation-arbitration account under the supervision of the chief administrative judge in the sixth judicial circuit in and for the county. Of each charge collected, $1.00 shall be forwarded to the office of the state courts administrator and the remainder utilized to fund county civil mediation services.
(c)
Petition for modification of final judgment of dissolution of marriage. The clerk of the court is authorized and enjoined to collect a service charge of $45.00 on any petition for a modification of a final judgment of dissolution of marriage filed in the sixth judicial circuit in and for the county. All funds derived from the imposition of the service charge set forth in this subsection shall be deposited in the family mediation account under the supervision of the chief administrative judge in the sixth judicial circuit in and for the county. Of each charge collected, $1.00 shall be forwarded to the office of the state courts administrator and the remainder utilized to fund family mediation services.
(Code 1970, §§ 5-6—5-8; Ord. No. 92-12, §§ 1—6, 7-21-92)
State law reference— Authority for above fees, F.S. § 44.108.
Sec. 34-4. - Additional costs for criminal justice programs.
Pursuant to F.S. § 943.25(13), all courts created by Fla. Const. art. V shall assess $2.00 as court costs against every person convicted for violation of a state penal or criminal statute or convicted for violation of a county ordinance and $2.00 on each bond estreature or forfeited bail bond related to any such violation. No such assessment shall be made against any person convicted of violating any statute or ordinance relating to the parking of vehicles. The additional assessment of $2.00 shall be used as provided in F.S. § 943.25(13).
(Code 1970, § 6-17(a); Ord. No. 70-04, §§ 1, 2; Ord. No. 81-17, §§ 1, 2, 11-10-81; Ord. No. 85-04, §§ 1, 2, 3-19-85; Ord. No. 85-15, §§ 1, 2, 9-17-85)
(a)
Definitions. For the purpose of this section, the term "defendant" means a person charged with a criminal action pursuant to F.S. ch. 893.
(b)
Trust fund creation and accounting.
(1)
Pursuant to F.S. §§ 893.13 and 893.16, any defendant who is found guilty of or who pleads nolo contendere to a violation of any section of F.S. ch. 893 that is punishable as a criminal offense may be assessed an additional assessment up to the amount of the fine imposed for the violation. Such additional assessment shall be used for drug abuse programs as provided by general law and this section. Pursuant to such statute, the court is authorized to order a defendant to pay such assessment if it finds the defendant has the ability to pay the fine and any additional assessment, and the defendant will not be prevented from being rehabilitated or making restitution.
(2)
Once assessed, the clerk will keep a record of costs assessed and shall collect those assessments. The clerk shall forward all money collected to the board of county commissioners for deposit into a trust and agency 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.
(c)
Expenditures. Monies deposited into the drug abuse trust fund shall be used to financially assist local drug abuse treatment and educational programs. In order to receive assistance grants from the drug abuse trust fund, county drug abuse treatment or education programs shall be designated by the board of county commissioners as the chosen program recipients. Designations shall be made annually based on success of the programs. A drug abuse treatment or education program recipient shall, in seeking assistance grants from the county drug abuse trust fund, provide the board of county commissioners with detailed financial information and requests for expenditures.
(Code 1970, § 11-151; Ord. No. 89-01, §§ 1—3, 1-17-89)
State law reference— Assessments for drug abuse programs authorized, F.S. §§ 893.16, 893.165.
(a)
Pursuant to the authority of F.S. § 939.017(1)(a) and other applicable law, there is imposed a cost of $15.00 to be charged in addition to any other costs against any person found guilty of any violation involving the unlawful use of drugs or alcohol under the laws of the state.
(b)
In accordance with F.S. § 939.017(1)(b), the additional cost of $15.00 is to be collected by the clerk of the court in the same manner as other costs and fines are collected. The clerk shall retain $1.00 as a fee for collection and shall forward $14.00 to the state treasurer for deposit to the credit of the department of health and rehabilitative services for dissemination back to the county for allocation to local alcohol and drug abuse treatment and prevention programs pursuant to F.S. §§ 396.042(4) and 397.031(5).
(c)
Allocation to any specific local alcohol and drug abuse programs of funds received by the county pursuant to this section shall be in accordance with guidelines and criteria set by the department of health and rehabilitative services and as implemented by the board of county commissioners.
(Code 1970, § 11-152; Ord. No. 89-04, §§ 1—3, 2-14-89)
State law reference— Assessments on misdemeanor convictions involving drugs or alcohol, F.S. § 939.017.
Sec. 34-7. - Assessment of court costs to fund juvenile assessment center.
(a)
Title. This section shall be known as and may be cited as the "Juvenile Assessment Center Funding Ordinance of Pasco County."
(b)
Amount of costs. The court shall assess court costs of $3.00 per case, in addition to any other authorized cost or fine, on every person who, with respect to charge, indictment, prosecution commenced, or petition of delinquency filed in the county or circuit [court], pleads guilty, nolo contendere to, or is convicted of, or adjudicated delinquent for, or has an adjudication withheld for, a felony or misdemeanor or a criminal traffic offense or handicapped parking violation under state law or a violation of any municipal or county ordinance, if the violation constitutes a misdemeanor under state law.
(c)
Collection and disbursement. The clerk of the circuit court and county court shall collect the $3.00 court costs assessed by the court and deposit those funds in an appropriate, designated account established by the clerk. The clerk shall withhold five percent of the assessments collected for the costs of administering the collection of assessments. The clerk shall release assessments collected, less the clerk's fee, to the sheriff on a monthly basis. Any other funds obtained by the sheriff for the implementation or operations of the juvenile assessment center shall be retained by the sheriff for use in such implementation or operation.
(d)
Responsibilities of sheriff. On an monthly basis, the sheriff shall receive from the clerk assessments collected and shall use such assessments solely to support the implementation and operations of the juvenile assessment center. The sheriff shall account for all funds that have been deposited into the designated account by August 1, annually, in a written report to the county juvenile justice council and the board of county commissioners. The sheriff shall retain any other funds obtained by the sheriff for the implementation or operation of the juvenile assessment center for use in such implementation or operation. All collections and expenditures for the implementation or operation of the juvenile assessment center shall be subject to audit annually by the board's external auditor, as well as the auditor general of the state shall the state so choose.
(Ord. No. 97-03, §§ 1, 3, 4, 6, 3-4-97)
Editor's note—
Ordinance No. 97-03, adopted March 4, 1997, did not specifically amend the Code; hence, codification of §§ 1, 3, 4, and 6 of said ordinance as § 34-7 was at the discretion of the editor.
State law reference— Funding for juvenile assessment center, F.S. § 775.0833.
(a)
Mandatory court costs. Pursuant to F.S. § 938.19, the circuit and county court shall assess a sum of three dollars against every person who pleads guilty or nolo contendere to, or is convicted of, regardless of adjudication, or adjudicated delinquent for a violation of a criminal law, a delinquent act or a municipal or county ordinance, or who pays a fine or civil penalty for any violation of F.S. ch. 316. Any person whose adjudication is withheld under F.S. § 318.14(9) or (10), shall also be assessed such cost.
This assessment shall be in addition to any fine, civil penalty, or other court costs, and shall not be deducted from the proceeds of that portion of any fine or civil penalty which is received by the county in accordance with F.S. §§ 316.660 and 318.21. This assessment shall be specifically added to any civil penalty paid for a violation of F.S. ch. 316, regardless of whether the penalty is paid by mail, in person without request for hearing, or after hearing and determined by the court.
The clerk of the circuit court shall collect the assessment for court costs established by this section and shall deposit the assessments in the designated special revenue fund on a monthly basis, less five percent which shall be retained as fee income to the office of the clerk of the circuit court.
(b)
Expenditures and management of funds budgeted for teen court. The board of county commissioners, in accordance with the provisions of this section and after consultation with the chief judge of the Sixth Judicial Circuit through the annual budget process, shall have the authority to provide for the expenditure of funds deposited into the designated special revenue fund in accordance with F.S. § 938.19.
(c)
Exemption. The assessment created by this section shall not be made against any person for a violation of any state statute or county ordinance related to the parking of vehicles, with the exception of a violation of the handicapped parking laws.
(Ord. No. 99-23, § 2, 10-5-99; Ord. No. 05-25, § 1, 6-21-05; Ord. No. 07-16, § 1, 7-24-07)
Sec. 34-9. - Additional court costs in criminal and delinquency cases.
(a)
Pursuant to F.S. § 939.185, an additional court cost of $65.00 shall be imposed by the court when a person pleads guilty or nolo contendere to, or is found guilty of, or adjudicated delinquent for, any felony, misdemeanor, delinquent act or criminal traffic offense under Florida Statutes. Funds received from this additional court cost shall be distributed as follows:
(1)
Twenty-five percent shall be remitted to fund innovations to supplement funding for the state court system in the county, consistent with F.S. §§ 29.004 and 29.008(2)(a)2, as determined by the board of county commissioners in consultation with the chief judge for the Sixth Judicial Circuit as part of the regular budget process.
(2)
Twenty-five percent shall be remitted to assist in providing legal aid programs in the county consistent with F.S. § 29.008(3).
(3)
Twenty-five percent shall be remitted to fund personnel and legal materials for the public as part of law libraries in the county.
(4)
Twenty-five percent of the amount collected shall be used as determined by the board of county commissioners in consultation with the chief judge for the Sixth Judicial Circuit as part of the regular budget process to support juvenile assessment centers, and other juvenile alternative programs.
(b)
The court shall order payment of these additional court costs in all matters subject to this section, but may defer payment if the person against whom the cost is imposed is indigent.
(c)
At the end of each county fiscal year during which said additional court costs are collected, any surplus is required to be reallocated and transferred for use to fund innovations to supplement funding for the state court system in the county under paragraph (a)(1) above.
(Ord. No. 04-23, § 1, 6-8-04; Ord. No. 05-26, § 1, 6-21-05; Ord. No. 07-16, § 1, 7-24-07)
Sec. 34-10. - Surcharge in traffic cases.
(a)
Pursuant to Section 318.18(13)(a), Florida Statutes, every person who pays a fine or civil penalty for any violation of a noncriminal traffic infraction pursuant to Chapter 318, Florida Statutes, and every person who pleads guilty or nolo contendere to or is convicted of, regardless of adjudication, a violation of a noncriminal traffic infraction or a criminal violation of Section 318.17, Florida Statutes, shall be assessed a surcharge of $30.00. A noncriminal traffic infraction is defined in Section 318.14(1), Florida Statutes.
(b)
The court shall order payment of this additional court cost in all matters subject to this section and the clerk of court shall add this surcharge to all payments of fines or civil penalties for any violation of a noncriminal traffic infraction.
(c)
The funds collected pursuant to this section shall be used to fund state court facilities, as provided in Section 318.18, Florida Statutes. Funds collected pursuant to this section shall be expended in accordance with the direction of the board of county commissioners in consultation with the chief judge for the Sixth Judicial Circuit as part of the regular budget process.
(Ord. No. 04-24, § 1, 6-8-04; Ord. No. 09-14, § 1, 7-14-09)