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 Volusia County
 Code of Ordinances
 Chapter 38. COURTS
 Article II. COURT COSTS AND SERVICE CHARGES

  § 38-33. Additional court costs for cases involving violations of statutes or ordinances.  

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  • (a)

    Costs assessed. In accordance with F.S. § 938.15, an additional $2.00 of court cost shall be assessed against every person convicted for violation of a state penal or criminal statute or county ordinance or municipal ordinance tried in any court under county jurisdiction within the county. In addition, $2.00 shall be collected from every bond estreature or forfeited bail bond related to such penal statutes or penal ordinances. Also, in accordance with F.S. § 318.18(11)c), an additional $2.50 of court cost shall be assessed against every person convicted for a pedestrian infraction, nonmoving traffic infraction, or moving traffic infraction, where the offense occurred within the unincorporated area of the county. However, no such assessment shall be made against any person convicted for violation of any state statutes or ordinances relating to the parking of vehicles.

    (b)

    Collection; purpose. The clerk of the court shall collect such additional court costs or forfeitures and estreatures and remit same to the county director of finance. Said funds are to be used for criminal justice education and training, including basic training expenditures for law enforcement and correctional officers, part-time law enforcement officers, auxiliary officers and support personnel, provided that such education and training activities conform to the requirements of F.S. § 943.14.

    (c)

    Convictions involving drugs or alcohol.

    (1)

    Pursuant to F.S. § 938.13, or its successor, when any person is found guilty of any misdemeanor in the county, 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 law, in the sum of $15.00.

    (2)

    The clerk of the court shall collect the $15.00 in each such drug- or alcohol-related case, and forward $14.00 thereof to the county to be deposited to the credit of the Volusia County Drug Abuse Trust Fund for allocation to local substance abuse programs. The clerk shall retain the remaining $1.00 of each $15.00 collected as a service charge of the clerk's office.

    (3)

    Pursuant to F.S. § 938.21 and § 938.23, the courts may assess for alcohol and other drug abuse programs any defendant who pleads guilty or nolo contendere to, or is convicted of, a violation of any provision of F.S. ch. 893 or which involves a criminal violation of F.S. §§ 316.193, 856.011 or 856.015, or F.S. chs. 562, 567 or 568, in addition to any fine and other penalty provided by law, a court cost in an amount up to the amount of the fine authorized for the violation. The courts are authorized to order a defendant to pay an additional assessment if it 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.

    (4)

    All assessments under subsection (3) shall be collected by the clerk of the court and remitted to the county for deposit into the Volusia County Drug Abuse Trust Fund.

(Ord. No. 72-27, §§ 1, 2, 10-5-72; Ord. No. 81-16, §§ I, II, 8-6-81; Ord. No. 89-49, §§ I, II, 11-2-89; Ord. No. 02-02, § I, 1-10-02; Ord. No. 02-11, § I, 6-6-02; Ord. No. 2002-21, § I, 10-17-02; Ord. No. 2004-07, §§ V, VI, 6-17-04)