§ 11-4. Additional costs; surcharges upon fines and bail bonds.

(1)

When any person, after July 1, 1984, pleads nolo contendere to, or is convicted of, any felony or misdemeanor under the laws of this State where any victim of such crime is handicapped or elderly, as defined in this section, there shall be imposed as an additional cost in the case, in addition to any other cost required to be imposed by law, the sum of ten dollars ($10.00). The Clerk of the Court shall collect and forward nine dollars ($9.00) of each ten dollars ($10.00) collected to the State Treasurer, to be deposited in the handicapped and elderly security assistance trust fund. The Clerk shall retain the remaining one dollar ($1.00) of each ten dollars ($10.00) collected as a service charge of the Clerk's Office. Under no condition shall the County be held liable for the payment of said sum of ten dollars ($10.00).

(2)

(a)

In addition to any fine for any criminal offense prescribed by law where any victim of such criminal offense is handicapped or elderly, as defined in this section, there is hereby established and created an additional five (5) percent surcharge thereon which shall be imposed, levied, and collected together with such fine.

(b)

The principal amount of any bail bond given as prescribed by law for any defendant where any victim of the offense with which the defendant is charged is handicapped or elderly, as defined in this section, shall be increased by an additional five (5) percent surcharge which shall be imposed, levied, and collected together with such bail bond.

The Clerk of the Court shall retain one dollar ($1.00) of each such surcharge as a service charge of the Clerk's Office and shall forward the remainder of any such surcharge to the State Treasurer to be deposited in the handicapped and elderly security assistance trust fund.

(3)

Definitions. As used in this section, unless the context otherwise requires, the term:

(a)

Elderly means a person who is sixty-two (62) years of age or older.

(b)

Handicapped means any person who:

1.

Has a physical or mental impairment which is expected to be of long, continued, and indefinite duration and which substantially impedes his or her ability to live independently;

2.

Is unable to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than twelve (12) months; or

3.

Is fifty-five (55) years of age or older, is legally blind, and is unable by reason of such blindness to engage in gainful activity requiring skills or abilities comparable to those of any gainful activity in which he or she has previously engaged with some regularity and over a substantially period of time.

(Ord. No. 84-61, § 2, 7-17-84)

State law reference

Authority for above fee, F.S. § 939.015.

Editor's note

Section 2 of Ord. No. 84-61, adopted July 17, 1984, amended the Code by adding a section but did not specify a section number; thus, inclusion as § 11-4 has been at the editor's discretion.