Sec. 46-71. - Findings of fact and purpose.

(a)

Teen court is a highly effective court diversion program where participating youthful offenders are diverted from further delinquency by being encouraged to take responsibility for their actions and positively contribute to their community.

(b)

Teen court also serves as an educational program about the court system as it exposes teen volunteers to community service work, positive role models and the judicial process.

(c)

Florida Statutes, ch. 938, Court Costs, in Part III, Mandatory Court Costs Authorized by Local Governmental Entities, authorizes an additional $3.00 cost to be assessed on specified criminal and civil cases filed in circuit and county court to fund the operation and administration of teen court.

(Ord. No. 02-10, § 1, 3-12-02)

Sec. 46-72. - Assessments imposed.

(a)

Pursuant to F.S. § 938.19, which is incorporated herein by reference into this article, a $3.00 assessment shall be charged as a court cost by both the Collier County Circuit Court and the Collier County County Court against every person who pleads guilty or nolo contendere to, or is convicted of, regardless of adjudication, a violation of: a State criminal statute, or a municipal ordinance or County ordinance, or who pays a fine or civil penalty for any violation of F.S. ch. 316.

(b)

Any person whose adjudication is withheld pursuant to the provisions of F.S. §§ 318.14(9), 318.14(10), shall also be assessed the $3.00 court cost.

(c)

The $3.00 assessment for court costs shall be in addition to any fine, civil penalty or other court cost and shall not be deducted from the proceeds of that portion of any fine or civil penalty which is received by a municipality in Collier County or by Collier County in accordance with F.S. §§ 316.660 and 318.21.

(d)

The $3.00 assessment shall be specifically added to any civil penalty paid for a violation of F.S. ch. 316, whether such penalty is paid by mail, paid in person without request for hearing, or paid after hearing and determination by the court.

(e)

However, the $3.00 assessment shall not be made against a person for the violation of any State statutes, County ordinance, or municipal ordinance relating to the parking of vehicles, with the exception of a violation of the handicapped parking laws, which are set forth in F.S. § 316.1955.

(f)

Court costs accessed pursuant to F.S. § 938.19, shall be limited to a $3.00 assessment per case. These court costs are mandatory costs and are not required to be orally announced at sentencing.

(Ord. No. 02-10, § 2, 3-12-02)

Sec. 46-73. - Distribution of funds collected.

(a)

The Clerk of the Circuit Court in Collier County ("clerk") shall collect the respective $3.00 assessments for court costs established by Section 46-72. The clerk shall retain five percent of the total monthly assessment for court costs so collected as fee income for administration.

(b)

All funds collected pursuant to this article shall be used for the exclusive purpose of conducting the Collier County Teen Court program as set forth in Section 46-74, below, and shall be deposited into a fund established by the clerk specifically for the operation and administration of the Collier County Teen Court program as set forth in Section 46-74

(Ord. No. 02-10, § 3, 3-12-02)

Sec. 46-74. - Expenditure and management of funds budgeted.

The court administrator or his designee shall, in accordance with F.S. § 938.19, and with the budget adopted by the Collier County Board of Commissioners, have the authority to provide for the expenditure of funds remitted to the Collier County Teen Court program.

(Ord. No. 02-10, § 4, 3-12-02)

Sec. 46-75. - Amendments to F.S. § 938.19.

Amendments to F.S. § 938.19, if any, shall be deemed automatically included by reference, as of the effective date of the respective amendment(s), unless: the Board of County Commissioners is required to make a decision with regard to the amendment; or the amendment(s) delegates a discretionary (local option) decision to the Board of County Commissioners and the Board of County Commissioners determines that the discretionary (local option) provision(s) shall not apply within Collier County, or shall apply within Collier County only as locally modified by the Board of County Commissioners.

(Ord. No. 02-10, § 5, 3-12-02)