§ 10-12. Additional fine imposed upon criminal offenders for funding of crime-prevention programs.

(a)

Authority. This section is authorized by § 775.083(2), F.S., created by CS/HB 77, Chapter 96-408, Laws of Florida, and other applicable provisions of law.

(b)

Intent and purpose. It is the intent of the county to promote the public health, safety, and general welfare by providing more crime-prevention and safe-neighborhood programs in the county by imposing an additional fine upon criminal offenders to support such programs in accordance with the provisions of § 775.083, F.S.

(c)

Short title. This section shall be known as the "Broward County Fine Upon Criminal Offenders Ordinance."

(d)

Additional fine upon criminal offenders imposed.

(1)

In addition to all other fines, penalty, or cost imposed by any other provision of law, the county shall impose an additional fine upon any person who, with respect to a charge, indictment, or prosecution commenced in the county, pleads guilty or nolo contendere to, or is convicted of, or adjudicated delinquent for, a felony, a misdemeanor, or a criminal traffic offense under state law, or a violation of any municipal or county ordinance if the violation constitutes a misdemeanor under state law.

(2)

The county fine imposed is fifty dollars ($50.00) for a felony and twenty dollars ($20.00) for any other offense. When the defendant enters the plea or is convicted or adjudicated in a court in Broward County, the court may order the defendant to pay such fine if the court finds that the defendant has the ability to pay the fine and that the defendant would not be prevented thereby from being rehabilitated or making restitution.

(e)

Collection. The clerk of the court shall collect and deposit the fines in an appropriate county account.

(f)

Accounting and expenditure of fines.

(1)

The county shall account for the fines separately from other county funds. All funds raised and appropriated pursuant to this ordinance shall be accounted for, budgeted, and expended by the board of county commissioners exclusively for the purpose set herein.

(2)

The county, in consultation with the sheriff, must expend such fines for the costs of collecting the fines and for crime-prevention programs in the county, including safe-neighborhood programs under Chapter 163, pt. IV, F.S. (§ 163.501, F.S. et seq.).

(g)

Effective date of imposing fine. The fine imposed by this section shall be effective November 1, 1996.

(Ord. No. 96-41, § 1, 12-10-96)

Editor's note

Nonamendatory Ord. No. 96-41, § 1, adopted Dec. 10, 1996, has been included herein as section 10-12 at the discretion of the editor.