WHEREAS, municipal and county codes usually provide for general penalties for the violation thereof, consisting of fines not exceeding $500.00 and/or terms of incarceration not exceeding 60 days, pursuant to §162.22 and Chapter 166, Florida Statutes, and

       WHEREAS, various municipalities and the County of Volusia have requested the Clerk of Court to accept payments of monetary penalties from defendants in municipal ordinance violation cases and the Court to authorize entries of “adjudication withheld” in cases where such monetary penalties are paid, and

       WHEREAS, Chapter 938, Florida Statutes, consolidates and categorizes many provisions related to monetary penalties for purposes of identifying, assessing, collecting, and disbursing said monetary penalties appropriately, and

      WHEREAS, pursuant to §775.08, Florida Statutes, penal ordinances adopted by municipalities or the County of Volusia are not designed as “crimes” by state law, and

      WHEREAS, in furtherance of the prompt and expeditious administration of justice;

      NOW THEREFORE, I, James R. Clayton, Chief Judge of the Seventh Judicial Circuit of Florida, hereby order as follows:

A. “Criminal” Ordinance Violations (The following procedures apply to cases where municipalities or Volusia County have designated certain ordinances to be “criminal” in nature.)

1. The Clerk of Court his hereby authorized and directed to accept payments of monetary penalties from defendants who were arrested, issued Notice to Appear, or otherwise charged with violating municipal and Volusia County ordinances designated as “criminal”, in accordance with fine schedules promulgated by the respective governing bodies.

 

2. In cases where defendants fail to pay the designated monetary penalty, or fail to request a court date within 30 days of issuance of the Notice to Appear, the Clerk is to schedule the case on the next available arraignment docket commanding the defendant to appear.

 

3. The Clerk is to accept payments of designed monetary penalties at any time up to the start of trial or final disposition by the Court.

 

4. In cases where defendants pay the designated monetary penalties, the Clerk is to disburse said payments in accordance with §34.045, F.S. and Ch. 938, F.S.

 

3. a) $3.00 to Teen Court pursuant to §938.19, F.S., and County Ordinance.

 

3. b) $2.00 to Police Education pursuant to §938.15, F.S., and County Ordinance

 

3. c) $10.00 to Municipality pursuant to § 34.045(c), F.S.

 

3. d) $3.00 to Department of Revenue § 938.01, F.S.

 

3. e) 10% of the fine to Clerk pursuant to § 28.37(6), F.S.

 

         f) Remaining amounts are to be remitted to the affected municipality/County.

 

5. In cases where defendants pay the designated monetary penalties, plus any additional sums assessed, the Clerk is to enter pleas of nolo contendre, withhold adjudications of guilt, withdraw any capias issued, and close the cases.

 

6. In cases where a defendant is found to have committed the violation by the court, in addition to any fine, a non-prevailing fee of $40.00 is to be assessed against the defendant pursuant to § 34.045(1)(b), F.S.

 

7. In cases where a defendant is found to have not committed the violation by the court, a $40.00 non-prevailing fee is to be assessed against the municipality or County pursuant to §34.045(1)(b), F.S.

 

8. The aforementioned “non-prevailing fee” is not to be assessed against any party unless ordered by the Court.

 

B. “Civil” Ordinance Violations (The following procedures apply to cases where municipalities and the County of Volusia have designated certain ordinances to be “civil” in nature.)

1. The Clerk of Court is hereby authorized and directed to process violations of municipal and County of Volusia ordinances designated as “civil”, including the payment and disbursement of monetary penalties, as provided in Section A above.

Each entity (municipality / County) interested in having their ordinance violations processed pursuant to the terms of this Order is to submit a letter expressing their interest to the Chief Judge of the Seventh Judicial Circuit.  Interested entities are to also submit a fine schedule, which must include, at a minimum, a list of ordinances  (including specific mention of the ordinance that incorporates state misdemeanors by reference), brief descriptions of each of the offenses, fine amounts for each of the offenses, and “criminal” or “civil” designations for each of the offenses.

The terms of this Order are not applicable to cases in which complaint affidavits, accompanied by Notice of Intent to Prosecute, are filed.  These complaints will be treated as mandatory court appearances with no option to pay.

TO BE RECORDED in Volusia County, Florida.

DONE AND ORDERED in DeLand, Volusia County, Florida this 30^th day of September 2022.