§ 34-5. Drug abuse trust fund; allocation of funds to local drug abuse treatment and education programs.  


Latest version.
  • (a)

    Definitions. For the purpose of this section, the term "defendant" means a person charged with a criminal action pursuant to F.S. ch. 893.

    (b)

    Trust fund creation and accounting.

    (1)

    Pursuant to F.S. §§ 893.13 and 893.16, any defendant who is found guilty of or who pleads nolo contendere to a violation of any section of F.S. ch. 893 that is punishable as a criminal offense may be assessed an additional assessment up to the amount of the fine imposed for the violation. Such additional assessment shall be used for drug abuse programs as provided by general law and this section. Pursuant to such statute, the court is authorized to order a defendant to pay such assessment if it finds the defendant has the ability to pay the fine and any additional assessment, and the defendant will not be prevented from being rehabilitated or making restitution.

    (2)

    Once assessed, the clerk will keep a record of costs assessed and shall collect those assessments. The clerk shall forward all money collected to the board of county commissioners for deposit into a trust and agency account titled the "drug abuse trust fund." Once each month, the board of county commissioners shall require a full report from the clerk as to the amount of assessments imposed by its courts.

    (c)

    Expenditures. Monies deposited into the drug abuse trust fund shall be used to financially assist local drug abuse treatment and educational programs. In order to receive assistance grants from the drug abuse trust fund, county drug abuse treatment or education programs shall be designated by the board of county commissioners as the chosen program recipients. Designations shall be made annually based on success of the programs. A drug abuse treatment or education program recipient shall, in seeking assistance grants from the county drug abuse trust fund, provide the board of county commissioners with detailed financial information and requests for expenditures.

(Code 1970, § 11-151; Ord. No. 89-01, §§ 1—3, 1-17-89)

State law reference

Assessments for drug abuse programs authorized, F.S. §§ 893.16, 893.165.