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.