Florida Statutes

Fla. Stat. § 893.165 (2025)

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

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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.

Notes of Decisions

Cited in 8 cases (1 in the last 5 years), 1995–2021 · leading case: Reyes v. State, 655 So. 2d 111 (Fla. 2d DCA 1995).

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Reyes v. State, 655 So. 2d 111 (Fla. 2d DCA 1995). · cites it 2× “Section 893.165 allows these funds to be distributed to a county drug abuse trust fund.”

Cook v. State, 896 So. 2d 870 (Fla. 2d DCA 2005). · cites it 2× “" 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.”

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

Stephen Trusty v. State of Florida, 210 So. 3d 758 (Fla. 1st DCA 2017). “298 authorizes such a fine in cases involving certain alcohol or drug offenses, and section 893.165 *761 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.”

Brown v. State, 666 So. 2d 240 (Fla. 5th DCA 1996). · cites it 3× “13(4)(a) [2] and section 893.165, Florida Statutes (1991).”

Brown v. State, 675 So. 2d 219 (Fla. 5th DCA 1996). · cites it 3× “00, pursuant to section 893.165, Florida Statutes (Florida Drug Abuse Trust Fund).”

Michael Bartolone v. State of Florida (Fla. 4th DCA 2021). · cites it 4× “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…”

Munfus v. State, 675 So. 2d 1054 (Fla. 5th DCA 1996). · cites it 2× “We affirm the Judgment and Order of Probation in this Anders appeal, but strike the condition requiring payment of 0 to the County Drug Abuse Fund pursuant to section 893.165, Florida Statutes. The statute only authorizes the assessment for drug related offenses, and…”

— 893.165(1) — 1 case

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

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