§ 8-6. Additional costs for drug abuse trust fund.

(a)

Authority.

(1)

All references to F.S. § 938.23 and § 893.165 shall be as said statutes, may be from time to time amended, transferred and/or renumbered.

(2)

Pursuant to F.S. § 938.13, when any person is found guilty of any misdemeanor under the Laws of Florida in which the unlawful use of drugs or alcohol is involved there shall be imposed by the Court an additional cost in the case, in addition to any other costs required to be imposed by law, the sum as set forth in F.S. § 938.13. Under no conditions shall the county be held liable for the payment of such sum. The Osceola County Clerk of Courts shall collect said sum pursuant to the terms of said statute.

(b)

Establishment and purpose of county drug abuse trust fund account.

(1)

All funds received from the clerk of the circuit court as payment of an assessment additional to fine, pursuant to F.S. § 938.23, shall be deposited in separate fund, which was created pursuant to Osceola County Ordinance No. 88-38, as amended by Ordinance No. 00-11 and designated as the "County Drug Abuse Trust Fund," hereinafter referred to as "Trust Fund." The clerk of court shall make deposits and submit reports as required by Florida law.

(2)

All funds disbursed from the trust fund shall be disbursed as assistance grants or appropriations through the county budget procedure. The sole purpose for which such assistance grants or appropriations may be made by the board of county commissioners and for which such assistance grants or appropriations may be expended by the recipients is for the operation of drug abuse treatment programs or drug abuse education programs sponsored by the grant recipients.

(3)

At all times a reserve fund shall be maintained in the trust fund in an amount approximately equal to fifteen (15) percent of the total amount in the trust fund at the annual deadline to apply for assistance grants. The board of county commissioners may use this reserve if, upon recommendation of the designated reviewing agency or department, the additional disbursement is deemed to be in the best interest of the citizens of Osceola County.

(c)

Board of county commissioners authorized to establish drug abuse trust fund. Pursuant to F.S. § 893.165, the board of county commissioners shall be responsible for the establishment of the county drug abuse trust fund and its implementation, administration, supervision, and evaluation.

(d)

Operation of county drug abuse trust fund.

(1)

The board of county commissioners, pursuant to F.S. § 893.165(5), may, by resolution, establish and amend from time to time such rules and make such delegations of authority as are necessary for the implementation and administration of the assistance grants and appropriations herein authorized and the supervision and evaluation of all programs to be funded by disbursements from the trust fund.

(2)

A request for an assistance grant shall be made by application to the board of county commissioners, or its designee. Such application shall include detailed financial information and a request for an assistance grant.

(3)

All assistance grants awarded by the board of county commissioners pursuant hereto shall be made through the county budget procedure directing an assistance grant disbursement be made from the trust fund to each successful assistance grant recipient named therein.

(4)

The board of county commissioners, or its designee, shall make a finding prior to the award of any such assistance grant that the program operated by a recipient entity meets such standards for recipient qualification as may be established by the board of county commissioners and, further, that such entity's program is a successful means for treating drug abuse or educating the public concerning the risks, ill effects and methods of treatment of drug abuse. An entity awarded an assistance grant shall enter into an appropriate contract with the county prior to receiving any funds disbursed from the trust fund.

(e)

Annual award authorized. Assistance grants will be awarded by the board of county commissioners on an annual basis. Applicants shall follow all guidelines and rules as to application for grant which may be established by the board of county commissioners.

(f)

Board of county commissioners authorized to revoke further disbursements.

(1)

Upon review of the recipient's use of the assistance grant, performance, and results of the program, the board of county commissioners may, in its discretion, revoke any further disbursements to the grant recipient from the drug abuse trust fund.

(2)

If the board of county commissioners has reason to believe that the grant recipient may not have used any part of its assistance grant disbursement as authorized, the county may demand an immediate report and itemized accounting all funds used to date. Upon a finding by the reviewing agency or department that the funds have not been used in accordance with the approved assistance grant, the recipient shall be notified that the recipient organization will receive no further disbursements for the remainder of the assistance grant year and the full amount of disbursements to date will become due and payable. If the recipient does not return the assistance grant in full, it may not be eligible for further assistance grants from the trust fund. Misuse of funds, inadequate reporting, and/or failure to return funds upon a finding that funds were not used in accordance with the approved assistance grant may be grounds to deem recipient to be ineligible for future assistance grants.

(Ord. No. 88-38, §§ 2—5; Ord. No. 00-11, §§ 1—6, 5-1-00)

State law reference

Costs imposed in subsection (a) only applicable when required by ordinance, F.S. § 939.017(2); additional assessments by courts for drug abuse programs authorized, F.S. § 893.16; county drug abuse trust fund, F.S. § 893.165.