Chapter 634 - FINES AND COSTS

Sec. 632.109. - Withhold of adjudication. Chapter 636 - TRAFFIC AND PARKING Chapter 634 - FINES AND COSTS[1]

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State Law reference— Court costs generally, F.S. Ch. 57.

Sec. 634.101. - Taxing of costs.

The costs to be allowed and taxed in proceedings before the County Court for administering oaths to complainants and witnesses and for issuing warrants, subpoenas and other process shall be determined by the Council, upon the recommendations of the Clerk of the County Court, the Sheriff or other officers as the Council may request. Upon the conviction of a person charged in the County Court, the judge determining the conviction is empowered to tax the cost thereof and to include that amount in the fine or judgment against the defendant.

(Ord. 68-25-15, § 7; Ord. 70-650-526; Ord. 71-397-181; Ord. 83-591-400, § 1)

Note— Former § 304.201.

Sec. 634.102. - Assessment of court cost by Circuit and County Courts.

(a)

Pursuant to F.S. § 943.25(8)(a), the Circuit and County Courts located in the City shall assess the sum of $2 as a court cost against every person adjudged guilty and upon whom a fine or sentence is imposed for violation of a State penal or criminal statute or for violation of a City ordinance, except a statute or ordinance relating to the parking of vehicles. In addition, $2 from every bond estreature or forfeited bail bond related to penal statutes or penal ordinances shall be collected on behalf of the City, as provided in F.S. § 943.25(8)(a).

(b)

All court costs assessed and collected pursuant to subsection (a) shall be utilized and appropriated only 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 of the City.

(c)

In addition to all other court costs allowed by law, there shall be imposed by the Circuit and County Courts pursuant to F.S. 939.185 an additional court cost of $65, to be imposed by the court when a person pleads guilty or nolo contendere to, or is found guilty of, any felony, misdemeanor, or criminal traffic offense under the laws of this State. Such court cost shall be accounted for separately and shall be used only in Duval County. The court cost shall be allocated as follows:

(1)

Twenty-five percent of the amount collected shall be allocated to fund innovations to supplement State funding for the elements of the State courts system identified in F.S. § 29.004, and County funding for local requirements under F.S. § 29.008(2)(a)2.

(2)

Twenty-five percent of the amount collected shall be allocated to the City of Jacksonville in its County capacity in providing legal aid programs required under F.S. § 29.008(3)(a) through Jacksonville Area Legal Aid, Inc.

(3)

Twenty-five percent of the amount collected shall be allocated to fund personnel and legal materials for the public as part of a law library.

(4)

Twenty-five percent of the amount collected shall be used to support juvenile assessment centers and other juvenile alternative programs as determined by ordinance.

(d)

Pursuant to F.S. § 939.185(2), the costs identified in subsections (c) and (f) in this Section shall be imposed by the courts on all persons subject to the costs; except that if a person is determined to be indigent, the costs shall not be imposed. The City shall comply with the reporting and disbursement requirements of F.S. § 939.185 for all costs collected through subsection (c) above. For purpose of this subsection "indigent" shall be defined as an individual whose income is within 200 percent of the Federal Poverty Guidelines.

(e)

In addition to all other court costs allowed by law, there shall be imposed by the Circuit and County Courts pursuant to F.S. § 318.18(13)(a), an additional surcharge of $30, to be imposed by the court when a person pleads guilty or nolo contendere to, or is found guilty of, any noncriminal traffic infraction pursuant to F.S. Ch. 318, or imposed for criminal violations listed in F.S. § 318.17. All funds collected by this subsection shall be deposited by the Clerk of Court in the Court Cost Courthouse Trust Fund Per Sec. 634.102(e), Section 111.380, Ordinance Code, which shall, pursuant to F.S. § 318.18(13), be used exclusively to fund the maintenance and the capital improvements associated with court facilities, provided, however, that no less than 25 percent of each fee shall be designated exclusively to maintenance. Pursuant to F.S. § 318.18(13)(a), the surcharge shall not be waived by the court.

(f)

In addition to all other court costs allowed by law, there shall be imposed by the Circuit and County Courts pursuant to F.S. § 939.185(1)(b) an additional court cost of $50, to be imposed by the court when a person pleads guilty or nolo contendere to, or is found guilty of, or adjudicated delinquent of, any felony, misdemeanor, or criminal traffic offense under the laws of this State. Such court cost shall be accounted for separately and shall be used only in Duval County. The court cost shall be utilized to provide free legal services for the disadvantaged through Jacksonville Area Legal Aid, Inc., including services to domestic violence victims, the mentally ill and/or disabled, the under or unemployed, residents facing landlord/tenant issues or homelessness, foreclosure related educational, mediation and defense programs, and the elderly. This subsection shall sunset and be of no effect on December 31, 2015 unless further action by the Council is taken to reenact the same.

(Ord. 69-830-580, §§ 1, 2; Ord. 70-650-526; Ord. 71-397-181; Ord. 72-440-227, § 1; Ord. 81-560-223, § 1; Ord. 83-591-400, § 1; Ord. 2004-609-E, § 1; Ord. 2004-1085-E, § 1; Ord. 2005-683-E, § 3; Ord. 2006-422-E, § 124; Ord. No. 2010-561-E, § 1; Ord. 2010-766-E, § 1)

Note— Former § 304.202.

Sec. 634.103. - Fines and costs to be paid to Tax Collector.

All fines and costs resulting from violations of the Ordinance Code shall be part of the revenue of the City and shall be paid to the Tax Collector within 24 hours of their receipt by the Clerk of the County Court or by any other officer or agent of the City. Fines and costs received on a day prior to a holiday or not a regular business day shall be due and payable to the Tax Collector on the close of the next regular business day following the day of receipt of the fines and costs.

(Ord. 68-110-99, §§ 1, 4; Ord. 70-650-526; Ord. 71-397-181; Ord. 83-591-400, § 1)

Note— Former § 304.203.

Sec. 634.104. - Sheriff authorized to accept payments.

During any legal holidays or other day upon which the office of the Clerk of the County Court is closed, the Sheriff, through authorized representatives, is authorized to accept payment of the amount due on account of a fine imposed upon a prisoner confined at the Jacksonville Correctional Institution or Duval County Jail for failure to pay a fine, and thereupon to release the prisoner whose sentence is thereby satisfied. The Sheriff shall keep a record of the payment and release, and pay over the money collected by him to the Clerk of the County Court before 12:00 noon of the first day thereafter when the office of the Clerk is open.

(Ord. 68-25-15, § 9; Ord. 70-650-526; Ord. 71-397-181; Ord. 83-591-400, § 1)

Note— Former § 304.204.

Sec. 634.105. - Misdemeanor convictions involving drugs or alcohol; additional costs.

(a)

When any person is found guilty of any misdemeanor 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. Under no condition shall any governmental entity be held liable for the payment of such sum.

(b)

The Clerk of the Court shall collect the $15 and forward $14 thereof to the jurisdictional County of collection pursuant to F.S. § 397.321 to be deposited to the credit of the County Alcohol and Other Drug Abuse Trust Fund for allocation to local substance abuse programs as described in F.S. § 893.165. The Clerk shall retain the remaining $1 of each $15 collected as a service charge of the Clerk's office.

(c)

The purpose of this Section is to impose the amounts authorized by F.S. § 397.321.

(Ord. 89-657-307, § 1; Ord. 97-919-E, § 4)

Sec. 634.106. - Teen and juvenile programs.

Pursuant to F.S. § 939.185, and Section 111.385, Ordinance Code, that portion of those court costs assessed, collected, and deposited into the "Court Cost $65 Trust Fund Per Sec. 939.185 F.S." that are authorized to be allocated in support of juvenile assessment centers, and other juvenile alternative programs, shall be deposited into the Judicial Alternative to Incarceration and Family Reunification Trust Fund established in Section 110.367, Ordinance Code, specifically for the operation and administration of juvenile assessment and other juvenile alternative programs.

(Ord. 2001-425-E, § 1; Ord. 2004-609-E, § 3; Ord. 2005-683-E, § 4; Ord. 2008-1058-E, § 2)

Sec. 634.107 - Driver Education Safety Programs.

Pursuant to the authority granted in F.S. § 318.1215, a sum of $5 shall be collected as a cost by both the circuit and County Court in the County with each civil traffic penalty issued in Duval County. Said assessment and such other moneys as become available for establishing and operating Driver Education Safety programs in Duval County, under provision of Florida law, collected by the Clerk of the Circuit Court, pursuant to F.S. § 318.1215, shall be deposited into a Fund account specifically for the operation and administration of Driver Education Safety programs.

(Ord. 2002-1165-E, § 1; Ord. 2025-600-E, § 2)

Sec. 634.108. - Teen Court Programs.

Pursuant to the authority granted in F.S. § 938.19:

(a)

A sum of up to $3 shall be assessed as a court cost in the circuit and the County Court in the County against each person who pleads guilty or nolo contendere to, or is convicted of, regardless of adjudication, a violation of a State criminal statute or a municipal ordinance or a County ordinance or who pays a fine or civil penalty for any violation of F.S. Ch. 316.

(b)

Any person whose adjudication is withheld pursuant to the provisions of F.S. § 318.14(9) or (10), shall also be assessed such cost.

(c)

The assessment for court costs shall be assessed in addition to any fine, civil penalty, or other court cost and shall not be deducted from the proceeds of that portion of any fine or civil penalty which is received by a municipality in the County or by the County (in accordance with F.S. §§ 316.660 and 318.21).

(d)

The assessment shall be specifically added to any civil penalty paid for a violation of F.S. Ch. 316, whether such penalty is paid by mail, paid in person without request of a hearing, or paid after hearing and determination by the court.

(e)

The assessment may not, however, be made against a person for a violation of any State statute or City or County ordinance relating to the parking of vehicles, with the exception of violation of the handicapped parking laws.

(f)

The Clerk of the Circuit Court shall collect the respective assessments for court costs and shall remit the same to the Duval County Teen Court Programs Trust Fund monthly.

(g)

The Clerk of the Circuit Court shall withhold five percent of the assessments collected which shall be retained as a fee income of the office of the Clerk of the Circuit Court.

(h)

The Duval County Teen Court must account for all funds received under this Section under a written report to the City Council. The report must be given to the City Council by August 1 of every year, or alternative date as maybe established by City Council.

(i)

The Duval County Teen Court shall be administered by the Fourth Judicial Circuit Trial Court Administrator.

(j)

The election of the Duval County Teen Court to receive funds under F.S. § 938.19 shall prohibit Teen Court from receiving court costs collected and distributed pursuant to F.S. § 939.185(1)(a)4. Said assessments and such other moneys as become available for establishing and operating Teen Court Programs in Duval County, under provision of Florida law, collected by the Clerk of the Circuit Court, pursuant to F.S. § 938.19, shall be deposited into the Teen Court Programs Trust Fund account as established in Section 111.375, Ordinance Code, specifically for the operation and administration of Duval County Teen Court programs.

(k)

It is envisioned that funds from the Duval County Teen Court Programs Trust Fund may be used by the Teen Court Programs to fund innovations to supplement the Teen Court Programs for costs as annually approved during the budget process including, but not limited to, awards, furniture, fixtures, computers, office equipment, telephones, as deemed necessary or permissible by the Court Administrator to facilitate and enable the program, staff, support and volunteers to effectively, efficiently and economically operate, administer and provide services and materials for the health, welfare, social, rehabilitative, and cultural well-being of the youth in Jacksonville.

(Ord. 2005-683-E, § 5; Ord. 2008-1058-E, § 2)

Sec. 632.109. - Withhold of adjudication. Chapter 636 - TRAFFIC AND PARKING