§ 38-31. Surcharge in noncriminal traffic cases.

(a)

State court facilities.

(1)

Pursuant to F.S. § 318.18(13)(a), every person who pays a fine or civil penalty for any violation of a noncriminal traffic infraction pursuant to F.S. ch. 318, and every person who pleads guilty or nolo contendere or is convicted, regardless of adjudication, of a violation of a noncriminal traffic infraction or a criminal violation of F.S. § 318.17, shall be assessed a surcharge of $30.00. A noncriminal traffic infraction is defined in F.S. § 318.14(1). Twelve and one-half percent of the funds collected pursuant to this subsection shall be remitted to fund law libraries in Volusia County and the remainder shall be used to fund state court facilities.

(2)

The court shall order payment of these additional court costs in all matters subject to this section, and the clerk of court shall add these surcharges to all payments of fines or civil penalties for any violation of a noncriminal traffic infraction or a criminal violation of F.S. § 318.17.

(b)

Driver and traffic safety program.

(1)

The words, terms and phrases set forth below, when used in this section, shall have the following meanings:

a.

Direct educational expenses shall mean funds expended for resource teacher salaries, instructor training, all required equipment and equipment maintenance and operational expense (including vehicles, training equipment, simulators, videos, CDs, DVDs, VHS tapes, books, supplies, manuals, and any other equipment to meet the special needs requirements for driver and traffic safety education), equipment operation and maintenance, site licenses, insurance, printing costs, state licenses and vehicle tags.

b.

Driver and traffic education safety program shall mean any program of a public or nonpublic school that provides theoretical and practical instruction in traffic safety awareness and driving skill enhancement for students at the high school level and requires a minimum of 30 percent of a student's time in the program be spent in behind-the-wheel training.

(2)

Pursuant to F.S. § 318.1215, the Dori Slosberg Driver Education Safety Act, with each civil traffic fine or penalty, the clerk of court shall collect $5.00 in addition to all other sums required by law or ordinance.

(3)

The clerk shall keep a record and forward monthly to the county all monies collected under this section.

(4)

The county shall deposit all monies received from the clerk into a driver and traffic safety education account used to enhance driver and traffic safety education programs through grants to public and nonpublic schools in the county. Grants shall be used solely for direct educational expenses to enhance driver and traffic safety education programs and not to replace existing funding sources or for administration costs.

(5)

Grant recipients shall be selected through procedures developed by the county manager and approved by the county council. Grant terms and conditions shall be contained in an agreement specifying program use and requiring full annual accounting.

(Ord. No. 2004-07, § II, 6-17-04; Ord. No. 2005-08, § I, 7-28-05; Ord. No. 2006-20, § I, 9-21-06; Ord. No. 2009-25, § I, 10-15-09)