Florida Statute 893.165 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLVI
CRIMES

Chapter 893
DRUG ABUSE PREVENTION AND CONTROL

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893.165 County alcohol and other drug abuse treatment or education trust funds.—

(1) Counties in which there is established or in existence a comprehensive alcohol and other drug abuse treatment or education program which meets the standards for qualification of such programs by the Department of Children and Families are authorized to establish a County Alcohol and Other Drug Abuse Trust Fund for the purpose of receiving the assessments collected pursuant to s. 938.23 and disbursing assistance grants on an annual basis to such alcohol and other drug abuse treatment or education program.

(2) Assessments collected by the clerks of court pursuant to s. 938.23 shall be remitted to the board of county commissioners of the county in which the indictment was found or the prosecution commenced for payment into the County Alcohol and Other Drug Abuse Trust Fund. The county commissioners shall require a full report from all clerks of county courts and clerks of circuit courts once each month of the amount of assessments imposed by their courts.

(3)(a) No county shall receive assessments collected pursuant to s. 938.23 in an amount exceeding that county’s jurisdictional share as described in subsection (2).

(b) Assessments collected by clerks of circuit courts having more than one county in the circuit, for any county in the circuit which does not have a County Alcohol and Other Drug Abuse Trust Fund, shall be remitted to the Department of Children and Families, in accordance with administrative rules adopted, for deposit into the department’s Grants and Donations Trust Fund for distribution pursuant to the guidelines and priorities developed by the department.

(4) No assessments shall be remitted to a county until the board of county commissioners has submitted documentation to the court substantiating the establishment of its County Alcohol and Other Drug Abuse Trust Fund.

(5) If the board of county commissioners chooses to establish a County Alcohol and Other Drug Abuse Trust Fund, the board shall be responsible for the establishment of such fund and its implementation, administration, supervision, and evaluation.

(6) In order to receive assistance grants from the County Alcohol and Other Drug Abuse Trust Fund, county alcohol and other drug abuse prevention, treatment, or education programs shall be designated by the board of county commissioners as the chosen program recipients. Designations shall be made annually, based on success of the programs.

(7) An alcohol and other drug abuse treatment or education program recipient shall, in seeking assistance grants from the County Alcohol and Other Drug Abuse Trust Fund, provide the board of county commissioners with detailed financial information and requests for expenditures.

History.—s. 4, ch. 88-381; s. 3, ch. 93-194; s. 37, ch. 97-271; s. 305, ch. 99-8; s. 5, ch. 2009-47; s. 307, ch. 2014-19.

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Amendments to 893.165

Annotations, Discussions, Cases:

Cases Citing Statute 893.165

Total Results: 8 | Sort by: Relevance | Newest First

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Reyes v. State, 655 So. 2d 111 (Fla. 2d DCA 1995).

Cited 105 times | Published | Florida 2nd District Court of Appeal | 1995 WL 65502

...Section 893.13(4)(a), Florida Statutes (1991), authorizes the trial court to impose an additional assessment up to the amount of the relevant fine in a drug case. This amount is deposited for the purpose of providing grants for drug abuse treatment or drug education programs. Section 893.165 allows these funds to be distributed to a county drug abuse trust fund....

...We conclude that the reference to the "Hillsborough County Drug Fund" is a sufficient description to adequately substitute for a statutory citation in this case. Accordingly, *122 we do not strike this cost item. However, we direct the Thirteenth Judicial Circuit to take steps to include a reference to both section 893.165 and ordinance 88-52 in future cost orders....

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Ayoub v. State, 901 So. 2d 311 (Fla. 2d DCA 2005).

Cited 13 times | Published | Florida 2nd District Court of Appeal | 2005 WL 1025960

...See Reyes, 655 So.2d at 121-22 (concluding that the reference to "Hillsborough County Drug Fund" was sufficient to substitute for a statutory citation in that *315 case, but directing "the Thirteenth Judicial Circuit to take steps to include a reference to both section 893.165 and ordinance 88-52 in future cost orders")....

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Cook v. State, 896 So. 2d 870 (Fla. 2d DCA 2005).

Cited 8 times | Published | Florida 2nd District Court of Appeal | 2005 WL 433216

...To the extent that the statutes governing costs have been extensively amended since that time, the descriptions and examples in that case may not remain accurate. At sentencing, the trial court ordered Mr. Cook to pay $100 to the Hillsborough County Drug Fund "pursuant to Florida Statutes 893.165." Section 893.165, Florida Statutes (2003), provides for the establishment of county alcohol and drug abuse trust funds "for the purpose of receiving the assessments collected pursuant to s....

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Brown v. State, 666 So. 2d 240 (Fla. 5th DCA 1996).

Cited 4 times | Published | Florida 5th District Court of Appeal | 1996 WL 2274

...nd an opportunity to be heard). *242 Here, although the trial court failed to cite the statute number supporting the assessment to the Orange County Drug Abuse Trust Fund, the assessment is statutorily authorized under paragraph 893.13(4)(a) [2] and section 893.165, Florida Statutes (1991)....

...2d DCA 1995) (en banc): Section 893.13(4)(a), Florida Statutes (1991), authorizes the trial court to impose an additional assessment up to the amount of the relevant fine in a drug case. This amount is deposited for the purpose of providing grants for drug abuse treatment or drug education programs. Section 893.165 allows these funds to be distributed to a county drug abuse trust fund....

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Stephen Trusty v. State of Florida, 210 So. 3d 758 (Fla. 1st DCA 2017).

Cited 1 times | Published | Florida 1st District Court of Appeal | 2017 WL 573799, 2017 Fla. App. LEXIS 1831

...1st DCA 1995) (remanding with directions to strike unauthorized cost). Finally, Trusty challenges a $50.00 fine imposed for the Drug Abuse Trust Fund. While section 938.298 authorizes such a fine in cases involving certain alcohol or drug offenses, and section 893.165 provides for those fines to go toward Drug Abuse Trust Funds established at the county level, Trusty was not convicted of one of these offenses....

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Michael Bartolone v. State of Florida (Fla. 4th DCA 2021).

Published | Florida 4th District Court of Appeal

...6 (4) Drug Trust Fund assessment of $125. Pursuant to section 938.21, Florida Statutes (2019), the trial court may assess a cost against a convicted defendant for an alcohol or drug program as provided in section 893.165, Florida Statutes. That statute authorizes the establishment of county drug programs and trust funds to hold funds for the program. § 893.165(1), Fla....

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Brown v. State, 675 So. 2d 219 (Fla. Dist. Ct. App. 1996).

Published | District Court of Appeal of Florida | 1996 Fla. App. LEXIS 6045, 1996 WL 303071

PER CURIAM. Appellant was convicted of introduction of contraband into a county detention facility, a violation of section 951.22, Florida Statutes (1995). The court, in its written costs order, required her to pay “the sum of $100.00, pursuant to section 893.165, Florida Statutes (Florida Drug Abuse Trust Fund).” Section 893.165 references section 893.16, which provides for an additional assessment for violations of certain enumerated statutes....

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Munfus v. State, 675 So. 2d 1054 (Fla. Dist. Ct. App. 1996).

Published | District Court of Appeal of Florida | 1996 Fla. App. LEXIS 7148, 1996 WL 372492

COBB, Judge. We affirm the Judgment and Order of Probation in this Anders appeal, but strike the condition requiring payment of $100 to the County Drug Abuse Fund pursuant to section 893.165, Florida Statutes....

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