§ 2-22. [Alcohol and other drug abuse trust fund.]
(a)
Findings. The Board of County Commissioners of Marion County, Florida ("board"), hereby finds and determines that there is established or in existence within Marion County one or more comprehensive alcohol and other drug abuse treatment or education programs which meet the standards for qualification of such programs by the Florida Department of Children and Family Services.
(b)
Establishment of Marion County Alcohol and Other Drug Abuse Trust Fund.
(1)
Pursuant to the authority granted under F.S. §§ 893.13, 938.13, 938.21 and 938.23, there is hereby established the Marion County Alcohol and Other Drug Abuse Trust Fund ("trust fund"), into which shall be deposited all monies remitted to Marion County pursuant to F.S. §§ 893.165, 938.13, 938.21 and 938.23. These monies shall be used only for the support of alcohol and other drug abuse treatment and educational programs based in Marion County, Florida, which meet the standards of qualifications for such programs of the Florida Department and Family Services. All such assessments shall be collected by the clerk of the circuit court ("clerk") for deposit into the trust fund, with the exception of the one dollar ($1.00) service charge for the clerk referenced in F.S. § 938.13. Monies in such trust fund will be held, distributed and accounted for in the manner set forth in F.S. § 893.165, and other appropriate Florida law. All monies on deposit in the trust fund at the end of any fiscal year shall be entirely carried forward into the trust fund for the ensuing fiscal year.
(2)
The board shall be responsible for the establishment, implementation, administration, supervision, and evaluation of the trust fund.
(3)
Once each month, the board shall require a full report from the clerk as to the amount of costs and assessments imposed by the courts, the amount of funds collected and deposited into the trust fund, and the amount of expenditures from the trust fund.
(c)
Transfer of funds. All monies currently deposited and held in the drug abuse treatment fund and the drug abuse trust fund shall be deposited into the trust fund.
(d)
Mandatory costs. Pursuant to F.S. § 938.13, when any person 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 an additional cost in the case, in addition to any other cost required to be imposed by the law, in the sum of fifteen dollars ($15.00). The clerk shall collect the fifteen dollars ($15.00) and forward fourteen dollars ($14.00) to the board to be deposited to the credit of the trust fund for allocation to local substance abuse programs under F.S. § 893.165. 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.
(e)
Discretionary costs and assessments.
(1)
Pursuant to F.S. § 938.21, when any defendant who pleads guilty or nolo contendere to, or is convicted of any criminal violation under F.S. chs. 893, 562, 567 or 568, and/or F.S. §§ 316.193, 856.011 or 856.015, in addition to any fine and other penalty provided by law, there shall be imposed a court cost, for alcohol and other drug abuse programs, in the amount of fifteen dollars ($15.00) or, in the judge's discretion, a greater amount not to exceed the fine authorized for the violation. Such costs shall be imposed in each case unless waived by the judge. The clerk shall collect the court cost, unless waived, and forward it to the board to be deposited to the credit of the trust fund for allocation to local substance abuse programs.
(2)
Pursuant to F.S. § 938.23, in addition to any fine imposed by law for any criminal offense under F.S. ch. 893 or for any criminal violation of F.S. §§ 316.193, 856.011, 856.015 or F.S. chs. 562, 567, or 568, the court shall be authorized to impose an additional assessment in an amount up to the amount of the fine authorized for the offense, if the court finds that the defendant has the ability to pay the fine and the additional assessment and will not be prevented thereby from being rehabilitated or from making restitution. Any additional assessments shall be collected by the clerk and forwarded to the board to be deposited to the credit of the trust fund for the purpose of providing assistance grants to drug abuse treatment or alcohol treatment or education programs as provided in F.S. § 893.165.
(f)
Allocation of funds and selection of recipient programs.
(1)
Monies deposited into the trust fund shall be used to financially assist alcohol and other drug treatment or education programs based in Marion County which meet the standards for qualification of such programs by the Florida Department of Children and Family Services.
(2)
Each year during the month of February, the county administrator will post a notice on the county website and issue a media release for Marion County based alcohol and other drug abuse treatment or education programs to submit proposals to receive assistance grants from the trust fund. The notice and media release will detail where proposals from such programs shall be submitted and the time period that proposals will be received for review by the county administrator, including an established deadline for proposals.
(3)
The criteria for selection of programs to receive assistance grants from the trust fund includes, but is not limited to the following:
a.
Length of time the program has been in existence.
b.
Success of the program.
c.
Number of citizens served annually by the program.
(4)
The county administrator shall each year make recommendations to the board for approval those Marion County-based alcohol and drug abuse treatment or educational programs to receive grants from the trust fund.
(5)
The time period for programs to receive grant assistance from the trust fund is the county fiscal year, beginning on October 1 and ending on September 30.
(Ord. No. 13-12, §§ 1—6, 5-21-2013)