Item O2
* 3:00 P.M. PUBLIC HEARING *
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: August 19.2009 - KL
Division: _County Attorney
Bulk Item: Yes No ~
Staff Contact: Christine Limbert-Barrows #3475
AGENDA ITEM WORDING:
A Public hearing to consider adoption of an Ordinance amending Monroe County Code, Section 10-25 to
increase the surcharge in traffic cases from $15 to $30.
ITEM BACKGROUND:
Monroe County passed and adopted Sec. 10-25, Monroe County Code (formerly 2-604) on June 16th,
2004 to allow for the imposition of a surcharge of $1 5 in traffic cases as a funding source for the County's
state court facilities. The Legislature, pursuant to ch. 2009-204, has granted authority to the Board of
County Commissioners to impose by ordinance a surcharge of up to $30 for any infraction or violation to
fund state court facilities.
PREVIOUS RELEVANT BOCC ACTION:
Ordinance No. 017-2004 was previously enacted providing for the imposition ofa $15 surcharge in traffic
cases (codified in MCC 10-25, formerly 2-604).
7/15/09 BOCC approved Public Hearing for 8/19/09 at 3:00 p.m. in Key Largo
CONTRACT/AGREEMENT CHANGES:
None
STAFF RECOMMENDATIONS:
Approval
TOTAL COST:
N/A INDIRECT COST: N/A BUDGETED: Yes _No
COST TO COUNTY: N/A
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes~ No AMOUNTPERMONTH_ Year
APPROVED BY: County Attytt OMB/Purchasing _ Risk Management _
DOCUMENTATION:
Included X
Not Required_
DISPOSITION:
AGENDA ITEM #
ORDINANCE NO.
- 2009
AN ORDINANCE AMENDING MONROE COUNTY
CODE SECTION 10-25, CHAPTER 10, ARTICLE II;
PROVIDING FOR A SURCHARGE OF $30.00 IN
NONCRIMINAL TRAFFIC INFRACTIONS AS DEFINED
IN F.S. 318.14 AND CRIMINAL VIOLATIONS AS LISTED
IN F.S. 318.17; PROVIDING FOR THE REPEAL OF ALL
ORDINANCES INCONSISTENT HEREWITH;
PROVIDING FOR INCORPORA TION INTO THE
MONROE COUNTY CODE OF ORDINANCES; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Section 318.18(13)(a)(1), Florida Statutes, gives the Board of
County Commissioners of Monroe County, Florida, the authority to impose a surcharge
of up to $30 for any noncriminal traffic infractions as defined in section 318.14, Florida
Statutes and criminal violations listed in section 318.17, Florida Statutes and;
WHEREAS, the additional funding is to be used to fund state court facilities;
and;
WHEREAS, this legislation requires the enactment of an ordinance to allow the
imposition of the additional surcharge; and
WHEREAS, the enactment of this ordinance will increase the surcharge from
$15 to $30; and
WHEREAS, the additional funding is necessary in order for the court facilities in
Monroe County to maintain their high level of service to the citizens of this county; and
WHEREAS, the Board of County Commissioners of Monroe County [mds and
declares that adoption of this ordinance is necessary, appropriate, and in the public
interest of citizens of this County;
NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
SECTION 1. Section 10-25, Chapter 10, Article II, Monroe County Code,
Surcharge in traffic cases., is hereby amended to read as follows:
(a) Pursuant to F.S. g318.18(13)(a)(1), every person who pays a fine or civil
penalty for any violation of a noncriminal traffic infraction, as defined in F.S.
S 318.14(1), and every person who pleads guilty or nolo contendere to or is
convicted, regardless of adjudication, of a criminal violation listed in F.S. S
318.17, shall be assessed a surcharge of $30.00. A noncriminal traffic
infraction is defined in F.S. S 318.14(1).
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SECTION 2. SEVERABILITY. Should any provision of this Ordinance be
declared by a court of competent jurisdiction to be invalid, the same shall not affect the
validity of this Ordinance as whole, or any part thereof, other than the part declared to be
invalid. If this ordinance or any provision thereof shall be held to be inapplicable to any
person, property, or circumstances, such holding shall not affect its applicability to any
other person, property, or circumstances.
SECTION 3. CONFLICT WITH OTHER ORDINANCES. All ordinances or
part of ordinances in conflict with this Ordinance are hereby repealed to the extent of said
conflict.
SECTION 4. INCLUSION IN THE CODE OF ORDINANCES. The
provisions ofthis Ordinance shall be included and incorporated in the code of Ordinances
of the County of Monroe, Florida, as an addition or amendment thereto, and shall be
appropriately renumbered to confirm to the uniform numbering system of the code.
SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect on 8/19/09
provided that this Ordinance shall be filed with the Department of State as provided in
section 125.66(2), Florida Statutes.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida, at a regular meeting of said Board held on the 19th day of August, 2009.
Mayor George'Neugent
Mayor Pro Tern Sylvia Murphy
Commissioner Heather Carruthers
Commissioner Mario Di Gennaro
Commissioner Kim Wigington
(SEAL)
Attest: DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
By:
Deputy Clerk
Mayor/Chairperson
CHRISTI EM. LIMBERT-BARROWS
Da~SSIST!3J4YfjlTY ATTORNEY
J
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