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O. Public Hearings * 3:00 P.M. PUBLIC HEARING * BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: July 18. 2007 - KW Division: County Attorney Bulk Item: Yes XX No Staff Contact Person: Suzanne Hutton AGENDA ITEM WORDING: A Public Hearing to consider adoption of an ordinance amending Section 11-12 (b), Monroe County Code to increase the surcharge from three dollars ($3.00) to five dollars ($5.00) for each civil traffic penalty to fund traffic education programs in Monroe County Schools pursuant to F. S. 318.1215, the Dori Slosberg Driver Education Safety Act. ITEM BACKGROUND: In 2002, the Board enacted Ordinance No. 021-2002 to provide for collection of a $3.00 surcharge to fund driver education programs in Monroe County schools as allowed under the Dori Slosberg Driver Education Safety Act enacted in 1998. In 2003, the Board entered into an Interlocal Agreement with the Monroe County School Board to implement usage of the funds collected as intended and implement and administer the Driver Education Programs in Monroe County Schools. Legislation was considered in both the House and the Senate this session (lIB 757 and SB 2898) that, if enacted, would require minors to complete a drivers education course prior to issuance of a drivers license. This amendment would provide for an increase in the surcharge collected from $3.00 per civil traffic penalty to $5.00 to provide the funds necessary to make the driver education safety programs available to more students and better prepare us for implementation of mandatory drivers education safety programs in the future. PREVIOUS RELEVANT BOCC ACTION: 8/21/2002 BOcC approved Ordinance 021-2002 6/18/2003 BOCC approved Interlocal Agreement with School Board 6/20/2007 BOCC approved Public Hearing CONTRACT/AGREEMENT CHANGES: Increase surcharge collected from $3.00 per civil traffic penalty to $5.00 STAFF RECOMMENDATIONS: Approval. TOTAL COST: N/A BUDGETED: Yes No COST TO COUNTY: N/ A SOURCE OF FUNDS: REVENUE PRODUCING: Yes No xx AMOUNT PER MONTH_ Year APPROVED BY: County Atty ~ OMB/Purchasing _ Risk Management_ DOCUMENTATION: Included X Not Required DISPOSITION: Revised 2/05 AGENDA ITEM # ORDINANCE NO. - 2007 AN ORDINANCE OF THE BOARD OF COUNTY COMMlSSIONERS OF MONROE COUNTY, FLORIDA, AMENDING CHAPTER U-12(b), MONROE COUNTY CODE TO INCREASE THE SURCHARGE TO $5.00 FOR EACH CIVIL TRAFFIC PENALTY; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT IIEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES; AND PROVIDING AN EFFECl'IYE DATE. WHEREAS, Ordinance No. 021-2002 was enactedby<the Board of County Commissioners on October 1, 2002 for the purpose ofimplementingtheDori Slosberg Driver Education Safety Act in Monroe County, Florida; and . . . . ." . .. --"," . . ., - -. ,. . .. . WHEREAS, Florida Statutes 318.1215w~s.changedin 2006 to a11c>wthe Board to require, by ordinance, that the Clerk of the Court incr~~se tqfivedollars ($5.00) an additional fee to be collected with each civil traffic penalty to furiddiiver education programs in public and nonpublic schools; and . ... ."- .. ... . ... . . WHEREAS, Ordinance No. 021..20()2iauthorized impOsition of a surcharge of three dollars ($3.00) for each civil penalty to be used to fijnd~raffic education programs in Monroe County schools; and .. .. . .'-".' ,'-.. .', ,.-,. . . .. " . . . . .-. .--'" ,., ,. ..-.-.-..-..'.--....,.........,..-'.. ._.-.'-- . . -. . . . . WHEREAS,iriJune<2003 the Board approved an Interlocal Agreement between Monroe County aridithe SchOol Board off\,1gnroe County for implementation and administration of the sl1ichargecoll~cted and delivery of the Driver Education Safety Programs throughqut MonioeGOurity schools; and BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA THAT: Section 1. Section 11-12(b), Monroe County Code, is hereby amended as follows: (b) There is hereby imposed a surcharge of three five dollars ($;;2.00) for each civil traffic penalty which shall be used to fund traffic education programs in schools located in the county subject to the following provisions. 1 (2) All moneys raised by this subsection shall be budgeted and expended by the board of county commissioners by payment to, or on behalf of, schools located in the county. The budgeting and expenditure of said funds is declared to be a proper public and County purpose in and for the county. (3) The board of county commissioners is authorized to appropriate such additional funds, as it may deem necessary from other available sources for the purpose of establishing and maintaining traffic education programs in the county. (4) All funds raised through this subsection shall be used for direct educational expenses and shall not be used for administrative expenses. (5) All funds raised through this subsection shall bedistribl.lted pursuant to interlocal agreements or contracts entered into with the appropriate schOolboard. Section 3. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent ofs,aidconflict. ""- -;. '-'- ". ...,'. .' ,', . . .,' -.:,..'.--.', ','. "-' ,...-.-'-. -. -- .'. . -. '--.-',., -. ................................. . - ..,',- ,,', - .-. Section 4. The provisions of this ordiri~l1c;eshall beiric1uded and incorporated in the Code of Ordinances of the CountyofM{)nme, Florida, as an addition or amendment then:lto,iat14shall be appropriately renumbered to conform to the uniform numbering system of the Gode. . . . . ,,'- - '-. - ... - - -- '.- . . .,' - . -', - : - - .' . .'- -'--.- ',,', . ..'. '--' .. .. ._-.-". . - . . . - - ... . .'C'..'__ .__:-,_ .':..... '..'--" ... -' - - ' . . Section 5. Thi~(>rdillanC;e shall take effect immediately upon receipt of official noticef5g111.~he Offi?t?iOftheSt?cretary of State of the State of Florida that this ordinance has been filedwith said Office. . ".-. -. .. ..'.-'.'- -'- '." '.. . . ..., . '. . . . - -' .", -- .' - .- . .....-- -............... .......... . - -.. - - ..-. .. .,'.' ',-.'--_....- --.c" o .__ ,_ '. " . '. - .-.- - '.... . . ..- ,-. . . . ..' ,. . --. .... ..-. . ,. . "-'."'-. ... . -. - .-- -. .- . . .. -'.'...---.-,. '"." '''' . . JlASSED AND Al)pPTEDpy the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 18th day of July, 2007. ...'. . . ""-. -'.. .-. __--. . . '. .-- . Mayor Mario DiGennaro Mayor Pror~m.l)ixie M.spehar Commissione~J2harles "Sonny" McCoy Commissioner-Sylvia Murphy Commissioner George Neugent (SEAL) Attest: DANNY L. KOLHAGE, Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By By Deputy Clerk Mayor/Chairperson 2 Date Chapter 11 MOTOR VEHICLES AND TRAFFIC* Page 15 of 15 until that person presents a receipt from the clerk of the court showing that the county parking fines outstanding have been paid. (c) The tax collector and the clerk of the court are each entitled to receive monthly, as costs for implementing and administering this section, ten (10) percent of the civil penalties and fines collected. This section applies even though a no parking ordinance requires that all penalties collected be deposited in a certain account or accounts. (Ord. No. 32-1996, ~ 3, 6-19-96) Editor's note: Ord. No. 32-1996, ~ 3, amended this Code by adding 9 11-10, which the editor has designated as 9 11-11 to maintain consistency. Sec. 11-12. Traffic education fund. (a) Definitions: As used in this section, the term: (1) "School" shall include any school operated by the Monroe County School Board, and any accredited private school located within Monroe County. (2) "School board" shall include the Monroe County School Board and the administrative authority for any other school as that term has been defined in paragraph (1 ). (3) "Traffic education" shall include programs that teach students the proper methods for operating motor vehicles, motorcycles, mopeds, scooters, bicycles, and other modes of transportation as deemed appropriate by the school board. (b) There is hereby imposed a surcharge of three dollars ($3.00) for each civil traffic penalty which shall be used to fund traffic education programs in schools located in the county subject to the following provisions. (1) Upon enactment of this section, there shall be created a fund known as the Monroe County Traffic Education Fund. (2) All moneys raised by this subsection shall be budgeted and expended by the board of county commissioners by payment to, or on behalf of, schools located in the county. The budgeting and expenditure of said funds is declared to be a proper public and County purpose in and for the county. (3) The board of county commissioners is authorized to appropriate such additional funds, as it may deem necessary from other available sources for the purpose of establishing and maintaining traffic education programs in the county. (4) All funds raised through this subsection shall be used for direct educational expenses and shall not be used for administrative expenses. (5) All funds raised through this subsection shall be distributed pursuant to interlocal agreements or contracts entered into with the appropriate school board. (Ord. No. 021-2002, 9 1) http://library2.municode.comJmcc/DocView/112701l/158 7/2/2007 APR-14-04 15,25 F~OM,MONROE COUNTY ATTV OFFiCE 1013052S23$15 PACE 3/8 !NT!~LAGREeM!NT SHqpL '<<)Aim A,P BQUA GF COU~TY COMMISSIONERS This Intertocal Agreement is entered Jnto by and between Monroe County'" CD politICal lubdMskm d the Staw of fIorkfa (he~" County)" and tile: Schoo! Board of Monroe County (hereafter Sc:hot:N Board). WHEREAS, sec. 318.12.15, FS" ~ the Monroe COUnty Board of Counly Commfssloners by ordinance to coJlect an addlUonal $3 With each eMf trafflc penalty to be used for traffic edUQtion progRlfnS in public and nonpublie schooJi WHEReAS" the County In Ordinance No. 021-2002, codified as See. 11-12, Monroe County Code, provtded for the coil&tJon of the additiOnal $3; fUW WHEREAS, the Sd100l Board desIres to use the revenue generated by the addftJonIl $3 to fund traMe edLatlon programs in the pub!k: schools in Monroe County; now, therefore" ~ f; j ?J In~ ?a '" In consideration of the. mutual consIderation and promfses set f~~~, ." 2n. - Q parties agree as follows: ~:sg S ::a ....C")r- :0 :<:""'I::J: ,.." 1. a) On or before June 1 or each year the Schoof 8oard's~ir...,r@t . or:::o (SUperintendent) $haM submit to the COunty AdmInistrator (Admlnlstra'for) ~ proposed annual nme education programs for the upcoming year together with CD pmposad budget.. b} The Admfnla'ratcr shalf promptly review the proposed traMc education programs and budget. If the Administrator determines that an" of the programs, program item or budget Items are not reasonably withIn the term "'traffic education prograf'n$- as described in Sec. 316.1215, f'S, see. 11-12, MCC, or otherwise do not comply with genenDl taw, he shall so fnfurm the SUperlntendent in writing together with suggested modifications necessary to bring the proposed program, program item or budget Item into compliance wfth Sec. 318.1215q FS.. Sac. 11-12.. MCC, or APR-14-04 lS,2S FROM:MONROE COUNTY ATTY OFFICE rp,30S2S2351S PAGE: 4/6 the applicable provision of gem!ml law. The Administrator's ded$lon regarding the compliance of any program, program item or budgat item with see.. 318.1215, FS, Sec. 11...12" MCC, or appUcable provision of general law Is final. e) Once the Mmlnlstnltor has determined that tite SdIoo1 Soarcfs ~ b"iJffic ed~ programs and budget comply wIth see. 318.1215, FS, See. 11-12, Mee, and genn'.w he snail forward copies of t.he same ~r with his written approval to the COUnty Cerk. The Clerk shan then pay to the SChoot Bcwd, out of the ~ COUnty Traffic !duatJon fund.. the fcOowtng: 1) the budget amount requested; or 2) if the revenue coUected pursuant to See.. 11..12, Mee, is Insuffldent to pay dle budget amount requested, then the amount available; 2. If the SJtwttIoft described in subparagliillph 1(c)2 oecurs, then, after the Initial payment; the Clerk shall theAlafter make monthly payments by the 15'" of each month equal to the revenue colled8d pW'SWllnt to Sec. 11-12, MOC, during the immediately preceding month, less any crdmlnlstrathle cosm. SUch monthly payments shall continue to be paid until aldl time 3$ d1e appt"CMKI budget amount Is t\l11y paid or tbe SChool Board's trafffc programs described In 1m annual request an: compfeted, WhIchever ot.:a.IJ'S first. Under no dfCumstanCIU may the amount paid by the County to the School Board pursuant to this agreement exceed ttre amount that is mtJected pursuant to See.. 11"'12" MCC, and deposited In the Monroe County Tmfflc EdUc:a!tIon fund. 3. 'The Sd1oo3 BaIrd ~ that nonpubtlc schools are also eI1glble to receiVe funds gen4mllted from the $3 added to uch cMI tmfflc p.natty Imposed ~ to see. 318.1215, FS, amd See. 11-12, MCC. The SchooIl!oard Intends to propose Ii budget and programs that are open to the publlc and private studenbl of Monroe COUnty on an equal buts. WhUe the School Boord undatStands that: the County reserves the right to e.ntGIr into agreements with nen..public schools pursuant to the statute, It: 1$ also. understcod .' APR-14-a4 16.2B FROH,HONROE COUNTY ATTY OFFICE 10,30529235110: PACE. 10....6 that the County will consider the School's COlJntyMwide proposal open to aU public and private studenUi. Additionally, should the County opt to enter fnto a non-pubUc schoof agreement the SChool Beard win be gIVen the ability to amend Its proposal to reftect only pubUc school students. 4. The Schoof Beard agrees to keep its records plnUant to thls agreement according to generally accepted governmentall accounting. principles and make those records avaflab'e to an auditor employed by the County or the State of Flot1da during normal busIness hours. The records fur each year's tn!ifflc education pfOgJam must be retaIned for a period of three years after the date each yem's trafflc education program are concluded. 1f an auditor employed by the State or County determifleS ttlat funds paid by the County to the SChool Board ~ to this agreement were spent for p~ nat authorized by this agreement, See. 318.1215" FS, or Sec. 11-12, MCC, then the School 80Md must repay the funds determIned by tA'le auditor to have been misspent, together with Interest calculated at the rate set forth In Sec. 55.03(1), FS, runnIng from the date the auditor determined that the funds were misspent. 5. To the extent authoriDd by See. 768.28, FS, the School Board agrees to Indemnify and hold harmless the memberS of the Monroe County Board of County Commissioners" the County.. Its officers, emptoyees, agents and contractors from Uablnty to anv person or persons on account (If Injury to persons or property, or on account of the death of any person, which oc:curred as the result of any ad; or omission of any School Board officer, employee" agent or contRU::tor, arlsfng out of, or in connection with, the traffic educatiOn programs funded wholfy or In part by this agreement. 6. The contact person fer the Qu.mty' rmd SChoof Board are: MQn~ ~ow County Administrator 1100 SImonton Street Kev West, FL 33040 ~j ~ard Superintendent 241 Trumbo Road Key West, fL 33040 AP~-8~-04 lS,2S FROH<MONROE COUNTY ATTV OFFICE ID,30S2S23S1S PACE S/IS Atl written corraponderu:e required by this agreement must be sent to ptr'$OliS amnd addresses descnbed above. Other indlvldlJlls, may be substituted as contaa: persons wIth written notification of t:he substitutJon. 7. This agreement: does not: create, and rmlV not be construed to create, any refatlonshlp, dl.ltJeii, liability, or obJlptJon to, or on bltMAf of, any thIrd parl:Jes. 8. This agrument rema!n$ In eWed: unttt the occu~aa of cmy 019:he ~_Ing: II) The County CommIafM rlpeals see. 11.12, MCC; b} The School Beard eled:s not to provide tramc educ:atlon programs; c) See. 318..1215, FS, or another provision or genna 'aw~ Is repelled or amended In sueh a wav IS to mmke this agreement inconslstent with gemmlll raw. 9. This agreement WlU take effect when an executed original Is filed with the Clerk of the Circuit Court of Monroe County. WITNESS WHEREOf, the Soard of County CommIssioners and Scheel brd have ;c:i'-r,::~ 1';"i~1 '("W ,~~'~~pectlve hands and seals the dates Inditated below. ~,(O" :" I ,./'-.. ~; .~~-~\;?;. '. ~ - " j \:. ',:: X?ANNv L. KOLHAGE, CI.fRK By ~C. LDJj~ 4/It/OV Deputy Oem Date o(.p -I f" ~ 00,3 ..CA*- -4"1!J. BOMD OF COUNTY COMMISSIONERS 0' MONROe COUNTY, FLORIDA By /it--;; (. ~ _ Mayor/Chairman :~: ~bPt Date ~~04 MONROE COUNTY SCHOOl. OOMD Da!ite fUed in the Oerlc.'s Oftice: ~DrMng -0Vf!' .."~_ ,.. . ~ ';'jv NOTICE OF INTENTION TO CONSIDER ADOPTION OF COUNTY ORDINANCE NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on Wednesday, July 18, 2007, at 3:00 P.M. at the Harvey Government Center, 1200 Truman Avenue, Key West, Monroe County, Florida, the Board of County Commissioners of Monroe County, Florida, intends to consider the adoption of the following County ordinance: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, AMENDING CHAPTER 11-12(b), MONROE COUNTY CODE TO INCREASE THE SURCHARGE TO $5.00 FOR EACH CIVIL TRAFFIC PENALTY; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES; AND PROVIDING AN EFFECTIVE DATE Pursuant to Section 286.0105, Florida Statutes, notice is given that if a person decided to appeal any decision made by the Board with respect to any matter considered at such hearings or meetings, he will need a record of the proceedings, and that, for such purpose, he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. ADA ASSISTANCE: If you are a person with a disability who needs special accommodations in order to participate in this proceeding, please contact the County Administrator's Office, by phoning (305) 292-4441, between the hours of 8:30 a.m. - 5:00 p.m., no later than 2 working days prior to the scheduled meeting; if you are hearing or voice impaired, call "711". Dated at Key West, Florida, this 2nd day of July, 2007. DANNY L. KOLHAGE, Clerk ofthe Circuit Court and ex officio Clerk of the Board of County Commissioners of Monroe County, Florida (SEAL) Publication dates: Reporter (Fr) 7/6/07 Keynoter (Sa) 7/7/07 KW Citizen (Su) 7/8/07 (Fr) 7/13/07 (Sa) 7/14/07 (Sa) 7/15/07