§ 38-8. County alcohol and other drug abuse trust fund.

(a)

Title. This section may be cited as the "Brevard County Alcohol and Other Drug Abuse Trust Fund Ordinance".

(b)

Authority. This section is enacted pursuant to F.S. §§ 796.07, 938.21, 938.23 and 893.165, which authorize a county of the state to create a county alcohol and other drug abuse trust fund. Said statutes further provide that such costs and assessments authorized by such statutes, which are in addition to and in an amount up to the authorized fine for the offense, shall be deposited in said fund and disbursements shall be made from said fund to such alcohol and other drug abuse prevention, treatment or education programs as selected by the county manager or designee and approved annually by the board of county commissioners.

(c)

Establishment and purpose of county alcohol and other drug abuse trust fund account.

(1)

All funds received from the clerk of the circuit court as payment of costs or assessments, pursuant to F.S. §§ 796.07, 938.21 and/or 938.23, shall be deposited in a separate revenue account, which has been created and is now designated as the "county alcohol and other drug abuse trust fund".

(2)

The clerk of the circuit court shall make a full and complete report, monthly, of the amounts of assessments imposed during each month by those courts located in the county to whom the clerk is responsible and said report shall be filed in timely fashion with the clerk to the board of county commissioners.

(3)

All monies disbursed from the county alcohol and other drug abuse trust fund shall be disbursed as assistance funding by authority of the board of county commissioners. The sole purpose for which such assistance funding may be awarded by the board of county commissioners and for which such assistance funding may be expended by the recipients is for the operation of alcohol and/or other drug abuse prevention, treatment or education programs sponsored by the funding recipients.

(d)

Operation of county alcohol and other drug abuse trust funds.

(1)

The county board of county commissioners, pursuant to F.S. § 893.165(5), shall make such delegations of authority to the county manager or designee as are necessary for the implementation and administration of the assistance funding herein authorized and for the supervision and evaluation of all programs to be funded by disbursements from the county alcohol and other drug abuse trust fund.

(2)

Pursuant to F.S. § 893.165(6) the county board of county commissioners does hereby designate the Brevard County Drug Court Program as the chosen recipient of assistance grants from the county alcohol and other drug abuse trust fund. A request for assistance funding to the Brevard County Drug Court Program, from the county alcohol and other drug abuse trust fund shall be made by application of that entity to the county manager, or designee on an annual basis. Such application shall include detailed financial information and a request for assistance funding.

a.

In the event that the county alcohol and other drug abuse trust fund's assessment exceeds the annual assistance grant requested by the Brevard County Drug Court Program, assistance funding may be disbursed to any entity, public or private, which meets the criteria contained herein and pursuant to F.S. § 893.165.

1.

A request for assistance funding to be disbursed to any entity, public or private, from the county alcohol and other drug abuse trust fund shall be made by application of that entity to the county manager, or designee.

2.

Such application shall include detailed financial information and a request for assistance funding.

(3)

All assistance funding awarded by the board of county commissioners pursuant hereto shall be made annually by directing funding disbursement to be made from the county alcohol and other drug abuse trust fund to the designated recipient. The county manager or designee shall make a finding that the program operated by a recipient entity meets such standards for recipient qualification as may be established by the department of children and family services, and, further, that the entity's program is and/or continues to be a successful means for preventing, treating, or educating the public, concerning the risks and ill effects of alcohol and other drug abuse. Such findings by the county manager or designee shall be a condition precedent to awarding any assistance funding.

(Ord. No. 05-37, §§ 1—4, 8-23-05; Ord. No. 08-47, § 1, 11-17-08)

Editor's note

Ord. No. 05-37, §§ 1—4, adopted August 23, 2005, did not specify manner of inclusion; hence, inclusion as § 38-8 is at the discretion of the editor.