PLACEMENT: Public Hearings
TITLE:
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PUBLIC HEARING TO CONSIDER ADOPTION OF AN ORDINANCE AMENDING CHAPTER 47, COURTS; ARTICLE 8, ADDITIONAL COURT COSTS IN CRIMINAL CASES
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EXECUTIVE SUMMARY:
executive summary
Amending Chapter 47 Courts, Article 8 Additional Court Costs in Criminal Cases, Section 47.154, Criminal Cases - Additional Court Costs, General Ordinances, Martin County Code, to ensure conformity with Section 939.185 Fla. Stat., which authorizes this imposition of fees.
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DEPARTMENT: County Attorney
PREPARED BY: Name: Melissa L. Pietrzyk
Title: Senior Assistant County Attorney
REQUESTED BY: Melissa Pietrzyk, Senior Assistant County Attorney
PRESET:
PROCEDURES: None
BACKGROUND/RELATED STRATEGIC GOAL:
Section 939.185 Fla. Stat. authorizes the County to impose a $65.00 court cost against those who plead guilty, nolo contendere, or are found guilty of a felony, misdemeanor, delinquent act, or criminal traffic offense. The County currently has such a requirement in place. (Section 47.154, General Ordinances, Martin County Code). This amendment is to ensure direction is provided to the courts and clerk where such costs are imposed against indigent persons. Section 939.185 Fla. Stat. requires the court impose the fee and mandates the clerk defer the fee where a person has been deemed indigent.
ISSUES:
This amendment ensures conformity with Florida law.
LEGAL SUFFICIENCY REVIEW:
This item has been reviewed for legal sufficiency to determine whether it is consistent with applicable law, has identified and addressed legal risks, and has developed strategies for legal defensibility.
RECOMMENDED ACTION:
RECOMMENDATION
Move that the Board approve the proposed ordinance which amends Section 47.154, Criminal Cases -Additional Court Costs, General Ordinances, Martin County Code to provide for the statutory requirements.
ALTERNATIVE RECOMMENDATIONS
Direct staff accordingly.
FISCAL IMPACT:
RECOMMENDATION
None
ALTERNATIVE RECOMMENDATIONS
None
DOCUMENT(S) REQUIRING ACTION:
☐Budget Transfer / Amendment ☐ Chair Letter ☐Contract / Agreement
☐Grant / Application ☐Notice ☒Ordinance ☐Resolution
☐Other:
This document may be reproduced upon request in an alternative format by contacting the County ADA Coordinator (772) 320-3131, the County Administration Office (772) 288-5400, Florida Relay 711, or by completing our accessibility feedback form at www.martin.fl.us/accessibility-feedback <http://www.martin.fl.us/accessibility-feedback>.