§ 9-13. Teen court fees.

1.

User fees.

(a)

Purpose. This section is enacted for the purpose of establishing a user fee for the operation and administration of Lake County's Teen Court Program and to disburse the monies collected.

(b)

Teen court user fee. Upon the institution of any teen court proceeding in Lake County there shall be paid by the party or parties instituting such proceeding, a user fee of fifty dollars ($50.00) for the operation and administration thereof. However, the county manager or designee may waive the user fee if same is found to cause an undue hardship on the party or parties. When determining whether to waive the user fee, the county manager or designee shall follow the Guidelines for Determining Entitlement to Insolvency Benefits Pursuant to F.S. § 57.081 promulgated by Administrative Order of the Chief Judge of the Fifth Judicial Circuit.

(c)

Responsibilities of the clerk of the courts and the County. The clerk of court shall collect a fifty dollar ($50.00) user fee and shall remit the funds to the County monthly. Such funds shall be used by the Board of County Commissioners exclusively for the operation and administration of the Lake County's Teen Court Program. The County shall receive and deposit in a designated account such other monies as become available for operating and administering teen courts under provisions of Florida law. Such other monies shall also be used by the County exclusively for the operation and administration of the Teen Court Program.

(d)

User fee cumulative to other service charges. Unless otherwise provided by general or special law, all amounts set forth in this section shall be in addition to any other service charges or fees provided by general or special law or other provisions of this Code.

2.

Teen court funding.

(a)

Pursuant to F.S. § 938.19, an additional court cost of three dollars ($3.00) shall be imposed by the court when a person pleads guilty or nolo contendere to, or is convicted of, regardless of adjudication, or adjudicated delinquent for a violation of a criminal law, a delinquent act or a municipal or county ordinance, or who pays a fine or civil penalty for any violation of F.S. Ch. 316. Any person whose adjudication is withheld under F.S. § 318.14(9) or § 318.14(10) shall also be assessed the cost.

(b)

The assessment for court costs shall be assessed in addition to any fine or civil penalty or other court cost and may not be deducted from the proceeds of that portion of any fine or civil penalty that is received by a municipality in the county or by the county in accordance with F.S. §§ 316.660 and 318.21. The assessment shall be specifically added to any civil penalty paid for a violation of Chapter 316, regardless of whether the penalty is paid by mail, paid in person without a request for a hearing, or paid after a hearing and determination by the court. However, the assessment may not be made against a person for a violation of any state law or municipal or county ordinance relating to the parking of vehicles, with the exception of a violation of the handicapped parking laws.

i.

The clerk of the circuit court shall collect the assessments for court costs established in this section and shall remit the assessments to the teen court monthly.

ii.

The clerk of the circuit court shall withhold five (5) percent of the assessments collected, which shall be retained as fee income of the office of the clerk of the circuit court.

(c)

A teen court must account for all funds received under this section in a written report to the board of county commissioners. The report must be given to the commissioners by August 1 of each year or by a date required by the commissioners.

(d)

A teen court may be administered by a nonprofit organization, a law enforcement agency, the court administrator, the clerk of the court, or another similar agency authorized by the board of county commissioners.

(e)

A teen court funded under this section may not receive court costs collected under F.S. § 939.185(1)(a)4, and section 9-16 of this Code.

(Ord. No. 2004-41, § 2, 6-15-04; Ord. No. 2005-88, § 2, 10-18-05; Ord. No. 2007-37, § 2, 8-7-07; Ord. No. 2012-1, § 4, 1-10-12; Ord. No. 2015-54, § 2, 12-15-15)