1st Amendment 09/17/2014AMY NEAVILIN, CPA
CLERK Of CIRCUIT COURT & COMPTROLLER
ONM coumr RanM
DATE: October 1, 2014
TO: Bob Shillinger,
County Attorney
ATTN. Kathy Peters
FROM: Lindsey Ballard, D. CdV
At the September 8, 2014, Board of County Commissioner's meeting the Board granted approval
and authorized execution of Item C35 First Amendment to the Agreement — Legal Aid Funding with
Legal Services of Greater Miami, Inc. d/b /a Legal Services of the Florida Keys Funding extending the
agreement for an additional five (5) years to provide legal aid services in accordance with Ordinance
No. 016 -20014 and F.S. 29.008(3)(a), Florida Statutes.
Enclosed are is a duplicate original of the above - mentioned for your handling. Should you have
any questions, please feel free to contact my office.
cc: County Attorney (electronic copy)
Finance (electronic copy)
File
500 Whitehead Street Suite 101, PO Box 1980, Key West, FL 33040 Phone: 305 - 295 -3130 Fax: 305- 295 -3663
3117 Overseas Highway, Marathon, FL 33050 Phone: 305- 289 -6027 Fax. 305 - 289 -6025
88820 Overseas Highway, Plantation Key, FL 33070 Phone: 852 -7145 Fax: 305 - 852 -7146
FIRST AMENDMENT TO
AGREEMENT — LEGAL AID FUNDING
BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA
AND
LEGAL SERVICES OF GREATER MIAMI, INC. d/b /a
LEGAL SERVICES OF THE FLORIDA KEYS
THIS FIRST AMENDMENT is made and entered into this P & day of September,
2014 between the Board of County Commissioners of Monroe County, Florida and the Legal
Services of Greater Miami, Inc. d/b /a legal Services of the Florida Keys; and
WHEREAS, Legal Services of Greater Miami, Inc. a non -profit corporation, operates
Legal Services of the Florida Keys, the County Regional office, which provides free legal
services to indigent individuals throughout Monroe County, Florida. Legal Services of the
Florida Keys serves clients with civil legal problems primarily in the areas of housing,
employment and economic security, and family and education law; and
WHEREAS, the Board of County Commissioners enacted Ordinance No. 016 -2004
assessing additional court costs of $65 for certain misdemeanor, felony and criminal traffic
violations; and
WHEREAS, the Board of County Commissioners, under the authority of Chapter
2004 -265, Laws of Florida, directed that twenty -five percent of the funds collected shall be
allocated to assist counties in providing legal aid programs required under s. 29.008 (3)(a);
WHEREAS, the Board of County Commissioners previously entered into two (2) 5 -year
Legal Aid Funding Agreements with Legal Services of Greater Miami, Inc.; December 17, 2004,
which expired September 30, 2009, and September 16, 2009, which will expire September 30,
2014;
WHEREAS, the parties wish to continue this Agreement, under the same terms and
conditions, for an additional five (5) years;
NOW THEREFORE, the Board of County Commissioners of Monroe County and
Legal Services of the Florida Keys hereby agree to amend the existing Agreement as follows:
1. Section 2 . TERM. is hereby amended to extend the term of this
Agreement for an additional five (5) years to expire September 30,
2019 and shall read as follows:
2. TERM. The term of this agreement is for five years commencing
October 1, 2014 and ending September 30, 2019, unless earlier
terminated under the provisions of this Agreement.
Page 1 of 2
2. Section 16. NOTICE. "For Monroe Count-v- is herby amended to
delete the qwelfic names "Suzanne Hutton" and "Rom m G to
read as follow::
For Mouroe County:
County Attorney AND County Administrator
P. O. Box 1026 1100 Simonton Street
Key West, FL 33041-1026 Key West, FL 33040
3. An other terms an d con o f th Agreement a*nd into September 16, 2009,
remain unchanged, a copy of which is attached hereon as Exhibit A and made a
part of this First Amendment.
BOARD OF COUNTY COMMISSIONERS
BEAVELJN, Clock OF MONROE COUNTY, FLORIDA
DeDnfv Clerk
LEGAL SERVICES OF GREATER
MLAMI, INC. dfWa LEGAL SERVICES
OF THE FLORIDA KEYS
By:
hbrda K Cypen, Execrative Director
MONROE COUNTY ATTORNry
( (21
PP. LRO V - C D A3.1 TO F
CHRISTI E'V I Its BERT-BAFIROWS
ASSISTA417 CUUNTY ATTORNEY
Date lq�
Page 2 of 2
AGREEMENT—LEGAL AID FUNDING
BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA
AND
LEGAL SERVICES OF GREATER MIAMI, INC. DBA LEGAL SERVICES OF THE
FLORIDA KEYS
WHEREAS, Legal Services of Greater Miami, Inc. a non -profit corporation
operates Legal Services of the Florida Keys, the County Regional office which provides
free legal services to Indigent individuals throughout Monroe County, Florida. Legal
Services of the Florida Keys serves clients with civil legal problems primarily in the
areas of housing, employment and economic security, and family and education law;
WHEREAS, the Board of County Commissioners enacted Ordinance No. 016 -
2004 assessing additional court costs of $65 for certain misdemeanor, felony, and
criminal traffic violations; and
WHEREAS, the Board of County Commissioners, under the authority of
Chapter 2004 -265, Laws of Florida, directed that twenty -five percent of the funds
collected shall be allocated to assist counties in providing Legal aid programs required
under s. 29.008 (3) (a);
NOW THEREFORE the Board of County Commissioners of Monroe County and
Legal Services of the Florida Keys enter Into this agreement as fellows:
1. PAYMENTS.
a) Initial Paynwnt. Upon execution of this agreement by both parties, the
Clerk of Court shall remit to Legal Services of Greater Miami, Inc. twenty -five percent
of the additional court costs from the effective date of Ordinance No. 016 -2004 (July
1, 2004) until the effective date of this agreement.
b) Qual I= IV Payments. Thereafter, the Clerk of Court shall remit the same
percentage of additional court costs to Legal Services of Greater Miami, Inc. on a
quarterly basis.
c) Repayment~ Pursuant to the enabling legislation, any unspent
funds at the dome of the county fiscal year shall be rennitted back to the Clark
for alkxaition in accordance with F.S. 939.185(1)(a)1.
2. TERM. The term of this agreement is for live years and commends on
October 1, 2009 and ends September 30, 2014, unless earner terminated under the
provisions of this agreement.
3. EARLY TERMINATION. Either party may terminate this agreement at
the end of any fiscal year after providing the other party at feast ninety days advance
i T A
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written notice of Its Intent. in the event that representation of Monroe County declines
more than 50% due to the closure of the Legal Services Key West offlee, the County
may give thirty (30) days written notice to Legal Services of the Florida Keys of
termination of this agreement.
& RECORDS AND REPORTS. Legal Services of the Florida Keys shall
maintain records of its receipts and expenditures for the Legal Aid Program. These
records shall be open for examination by the Clerk of Court, and shall be subject to
annual external audit as required by law.
a) Public Access. The County and legal Services of the Florida Keys shall
allow and permit reasonable access to, and Inspection of, all documents, papers,
letters or other materials In its pion or under its control subject to the
provisions of Chapter 119, Florida Statutes, and made or received by the County and
Legal Services of the Florida Keys in conjunction with this Agreement; and the County
shall have the right to unilaterally cancel this Agreement upon violation of this
provision by Legal Services of the Florida Keys.
b) Quarterly Reports. Pursuant to State Statute, the County Is
required to males quarterly reports, including an itembed Not of
eVenditures. WWdn twenty (20) days after the close of each quarter, Legal
Senftw of Greater Miami, Inc. shall provide to the County Clerk the mired
lief of ibe IXW e rpm ndtturoa, and shall deliver to the persons designated for
notice to the County a report that WadMes the number of Monroe County
residents for whom services were rendered and tow many le 3udWal
Circuit court appearances were made on behalf of Monroe County residents
In the quarter just ended.
S. MODIFICATIONS AND AMENDMENTS. Any and all modifications of the
terms of this agreement shall be only amended In writing and approved by the Board
of County Commissioners for Monroe County. The terns, covenants, conditions,
and provisions of this Agreement shall bind and Inure to the benefit of the County and
Legal Services of the Florida Keys and their respective legal representatives,
successors, and assigns.
IL INDEPENDENT CONTRACTOR. At all times and for all purposes
hereunder, Legal Services of the Florida Keys is an Independent contractor and not an
employee of the Board of County Commissioners of Monroe County. No statement
contained In this agreement shall be construed as to find Legal Services of the Florida
Keys or any of Its employees, contractors, servants or agents to be the employees of
the Board of County Commissioners of Monroe County, and they shall be entitled to
none of the rights, privileges or benefits of employees of Monroe County.
(a) No Personal Liability. No covenant or agreement contained herein shall
be deemed to be a covenant or agreement of any member, officer, agent or employee
of Monroe County In his or her individual capacity, and no member, officer, agent or
employee of Monroe County shall be liable personally on this Agreement or be subject
OA
th any personal liability or accountability by reason of the execution of this
Agreement.
7. HOLD HARMLESS /INDEMNIFICATION. Legal Services of the Florida
Keys hereby agree to Indemnify and hold harmless the County and any of Its officers
and employees from and against any and all claims, liabilities, litigation, causes of
action, damages, costs, expenses (Including but not limited to fees and expenses
arising from any factual Investigation, discovery or preparation for litigation), and the
payment of any and all of the fvregoing or any demands, settlements or judgments
arising directly or indirectly under this agreement.
(a) Non -Wahw of Immunli V. Notwithstanding the provisions of Sec.
786.28, Florida Statutes, the participation of the County and Legal Services of the
Florida Keys in this Agreement and the acquisition of any commercial liability
Insurance coverage, self - insurance coverage, or local government liability insurance
pool coverage shall not be deemed a waiver of Immunity to the extent of liability
coverage, nor shall any contract entered Into by the County be required to contain
any provision for waiver.
(b) Prhdlq ear and Immuniftdaa. All of the privileges and immunities from
liability, exemptions from laws, ordinances, and rules and pensions and relief,
disability, workers` compensation, and other benefits which apply to the activity of
officers, agents, or employees of any public agents or employees of the County, when
performing their respective functions under this Agreement within the territorial limits
of the County shall apply to the same degree and extent to the performance of such
functions and duties of such officers, agents, volunteers, or employees outside the
territorial limits of the County.
10. NONDISCRIMINATION. The County and Legal Services of the Florida
Keys agree that there will be no discrimination against any person, and it Is expressly
understood that upon a determination by a court of competent Jurisdiction that
discrimination has occurred, this Agreement aubomaticaUy terminates without any
further action on the part of any party, effective the date of the court order. County
and Legal Services of the Florida Keys agree to comply with all Federal and Florida
statutes, and all local ordinances, as applicable, relating to nondiscrimination. These
include but are not limited to: 1) Title VI of the Civil Rights Act of 1 (PL 88-352)
which prohibits discrimination on the basis of race, color or national origin; 2) Title IX
of the Education Amendment of 1972, as amended (20 USC ss. 1681 -1683, and
1685 - 1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the
Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits
discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as
amended (42 USC ss. 6101- 6107) which prohibits discrimination on the basis of age;
5) The Drug Abuse Office and Treatment Act of 1972 (PL 92 -255), as amended,
relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive
Alcohol Abuse and A cohollsm Prevention, Treatment and Rehabilitation Act of 1970
(PL 91 -616), as amended, relating to nondiscrimination on the basis of alcohol abuse
or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss.
690dd -3 and 290ee -3), as amended, relating to confidentiality of alcohol and drug
3
abuse patent records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.),
as amended, relating to nondiscrimination In the sale, rental or financing of housing;
9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe
amended from time to time, relating to nondiscrimination on ,the basis of disability;
10) Monroe County Code Ch. 13, Art. VI, prohibiting discrimination on the bases of
race, color, sex, religion, disability, national origin, ancestry, sexual orientation,
gender identity or expression, familial status or age; and 11) Any other
nondiscrimination provisions In arty Federal or state statutes which may apply to the
parties to, or the subject matter of, this Agreement.
11. ENTIRE AGREEMENT. This agreement constitutes the entire agreement
of the parties hereto with respect to the subject matter hereof and supersedes any
and all prior agreements with respect to such subject matter between Legal Services
of the Florida Keys and the County.
12. GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES.
This Agreement shall be governed by and construed In accordance with the laws of
the State of Florida applicable to contracts made and to be performed entirely In the
State.
(a) Venue. In the event that any cause of action or administrative
proceeding Is Instituted for the enforcement or interpretation of this Agreement, the
County and Legal Services of the Florida Keys agree that venue will lie In the
appropriate court or before the appropriate administrative body In Monroe County,
Florida.
(b) Mediation. The County and Legal Services of the Florida Keys agree that,
In the event of conflicting interpretations of the terms or a germ of this Agreement by
or between any of them the issue shall be submitted to mediation prior to the
Institution of any other administrative or legal proceeding.
(c) Severabiift. If any term, covenant;, condition or provision of this
Agreement (or the application thereof to any circumstance or person) shall be
declared invalid or unenforceable to any extent by a court of competent jurisdiction,
the remaining terms, covenants, conditions and provisions of this Agreement, shall
not be affected thereby; and each remaining term, covenant, condition and provision
of this Agreement shall be valid and shall be enforceable to the fullest extent
permitted by law unless the enforcement of the remaining terms, covenants,
conditions and provisions of this Agreement would prevent time accomplishment of time
original Intent of this Agreement. The County and Legal Services of the Florida Keys
agree to reform the Agreement to replace any stricken provision with a valid provision
that comes as close as possible to the intarit of the stricken provision.
(d) AtttorWs Fees and Costs. The County and Legal Services of the
Florida Keys agree that in the event any cause of action or administrative proceeding
Is Initiated or defended by any party relative to the enforcement or interpretation of
this Agreement, the prevailing party shall be entitled to reasonable attorney's flees,
court costs, Investigative, and out-of-pocket . ,expenses, as an award against the non-
4
prevailing party, and shall include attorney's fees, courts costs, investigative, and out-
of-pocket expenses In appellate proceedings. Mediation proceedings initiated and
conducted pursuant to this Agreement shall be in accordance with the Florida Rules of
Civil Procedure and usual and customary procedures required by the circuit court of
Monroe County.
(e) Adjudk aUon of Diaputm or Diisagreement:. County and Legal
Services of the Florida Keys agree that all disputes and disagreements shall be
attempted to be resolved by meet and confer sessions between representatives of
each of the parties. If no resolution can be agreed upon within 30 days after the first
meet and confer session, the Issue or Issues shall be disused at a public meeting of
the Board of County Commissioners. If the Issue or issues are still not resolved to the
satisfaction of the parties, then any party shall have the right to seek such relief or
remedy as may be provided by this Agreement or by Florida law.
(f) Cooperation. In the event any administrative or legal proceeding is
Instituted against either party relating to the formation, execution, performance, or
breach of this Agreement, County and Legal Services of the Florida Keys agree to
participate, to the extent required by the other party, In all proceedings, hearings,
processes, meetings, and other activities related to the substance of this Agreement
or provision of the services under this Agreement. County and Legal Services of the
Florida Keys specifically agree that no party to this Agreement shall be required to
enter Into any arbitration proceedings related to this Agreement.
13. ETMICS CLAUSE: Legal Services of the Florida Keys warrant they
have not employed, retained or otherwise had act on his behalf any former County
officer or employee in violation of Section 2 or Ordinance No. 10 -1990 or any County
officer or employee in violation of Section 3 of Ordinance No. 10 -1990. For breach or
violation of the provision the County may, at Its discretion terminate this agreement
without Iiability and may also, at Its discretion, deduct from the agreement or
purchase price, or otherwise recover, the full amount of any fee, commission,
percentage, gift, or consideration paid to the former or present County officer or
employee. The County and Legal Services of the Florida Keys warrant that, in respect
to itself, it has neither employed nor retained any company or person, other than a
bona fide employee working solely for it, to solicit or secure this Agreement and that it
has not paid or agreed to pay any person, company, corporation, individual, or firm,
other than a bona fide employee working solely for It, any fee, commission,
percentage, gift, or other consideration contingent upon or resulting from the award
or making of this Agreement. For the breach or violation of the provision, Legal
Services of the Florida Keys agree that the County shall have the right to terminate
this Agreement without liability and, at its discretion, to offset from monies owed, or
otherwise recover, the full amount of such fee, commission, percentage, gift, or
consideration.
(a) Covenant of No Intereat. County and legal Services of the Florida
Keys covenant that neither presently has any interest, and shall not acquire any
Interest, which would conflict in any manner or degree with its performance under this
k
Agreement, and that only interest of each is to perform and receive benefits as recited
In this Agreement.
(b) Code of Ethics. County agrees that officers and employees of the
County recognize and will be required to comply with the standards of conduct for
public officers and employees as delineated In Section 112.313, Florida Statutes,
regarding, but not limited to, solicitation or acceptance of gifts; doing business with
one's agency; unauthorized compensation; misuse of public position, conflicting
employment or contractual relationship; and disclosure or use of certain information.
14. PURL IC ENTITY CRIME STATEMENT. A person or affiliate who has
been placed on the convicted vendor list foilowing a conviction for public entity crime
may not submit a bid on an agreement to provide any goods or services to a public
entity, may not submit a bid on a agreement with a public entity for the construction
or repair of a public building or public work, may not submit bids on leases of real
property to public entity, may not be awarded or perform work as a Legal Services of
the Florida Keys, supplier, or consultant under an agreement with any public entity,
and may not transact business with any public entity In excess of the threshold
amount provided In Section 287.017, fear CATEGORY TWO for a period of 35 months
from the date of being placed on the convicted vendor list.
15. AUTHORITY. Legal Services of the Florida Keys warrant that It Is
authorized by law to engage In the performance of the activities encompassed by the
project herein described. Each of the signatories for Legal Services of the Florida Keys
below certifies and warrants that the name Legal Services of Greater Miami, Inc. dba
Legal Services of the Florida Keys In this agreement Is the full name as designated In
its corporate charger (if a corporation); they are empowered to act and contract for
Legal Services of the Florida Keys, and this agreement has been approved by the
Board of Directors of Legal Services of the Florida Keys or other appropriate authority.
Gi
16. NOTICE. Any written notice to be given to either party under this
agreement or related hereto shall be addressed and delivered as follows:
For Legal Services of Greater Miami dba legal Services of the Florida Keys:
Marcia K. Cypen
Executive Director
3000 Biscayne Blvd. Suite 500
Miami, Fl. 33137
For Monroe County:
Suzanne Hutton and
Roman Gastesi
County Attorney
County Administrator
P.O. Box 1026
1100 Simonton Street
Key West, Fl. 33041 -1026
Key West, S. 33040
17. CLAIMS FOR FEDERAL OR STATE AID. Legal Services of the
Florida Keys and County agree that each shall be, and is, empowered to apply for,
seek, and obtain federal and state funds to further the purpose of this Agreement;
provided that all applications, requests, grant proposals, and funding solicitations shall
be approved by each party prior to submission,
18. NON-DELECRATION OF CONSI TUTIONAL OR STATUTORY DUTIES.
This Agreement is not intended to, nor shall It be construed as, relieving any
participating entity from any obligation or responsibility imposed upon the entity by
law except to the extent of actual and timely performance thereof by any participating
entity, in which case the performance may be offered In satisfaction of the obligation
or responsibility. Further, this Agreement Is not Intended to, nor shall It be construed
as, authorizing the delegation of the constitutional or statutory duties of the County,
except to the oftnt permitted by the Florida constitution, state statute, and case law.
19. NON - RELIANCE BY NON-PARTIES. No person or entity shall be
entitled to rely upon the terns, or any of them, of thft Agreement to enforce or
attempt to enforce any third -party claim or entitlement to or benefit of any service or
program contemplated hereunder, and the County and Legal Services of The Florida
Keys agree that neither the County nor legal Services of the Florida Keys or any
agent, officer, or employee of either shall have the authority to Inform, counsel, or
otherwise Indicate that any particular individual or group of Individuals, entity or
entities, have entitlements or benefits under this Agreement separate and apart,
Inferior to, or superior to the community In general or fior the purposes contemplated
In this Agreement.
20. ATTESTATIONS. Legal Services of the Florida Keys agree to execute
such documents as the County may reasonably require, to Include a Public Entity
Crime Statement, an Ethics Statement, and a Drug -Free Workplace Statement.
7
21, NO PERSONAL LIABILITY• No covenant or agreement contained
here;n shall be deemed to be a covenant or agreement of any member, officer, agent
or employee of Monroe County in his or her Individual capacity, and no member,
officer, agent or employee of Monroe County shall be liable personally on this
Agreement or be subject to any personal llabillty or accountability by reason of the
execution of this Agreement.
22. EXECUTION IN COUNTERPARTS. This Agreement may be executed in
any number of counterparts, each of which shall be regarded as an original, all of
which taken together shall constitute one and the same Instrument and any of the
parties hereto may execute this Agreement by singing any such counterpart.
23. SECTION HEADINGS. Section headings have been Inserted In this
Agreement as a matter of convenience of reference only, and it is agreed that such
section headings are not a part of this Agreement and will not be used in the
interpretation of any provision of this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to
be executed the day and year first above written.
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
COUNTY ATTQRN EY
PROVED AS TA
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By 'e •s. a d;� % __
Mayor /C halrrribn
LEGAL SERVICES OF GREATER
MIAMI, INC. DBA LEGAL SERVICES
OF THE FLORIDA KEYS
By
Marda K. Cypen, Nic rector
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ADDITIONAL
BACK -UP:
1. Ordinance No. 01 6-2004
Z. Sec. 29.008(3)(a), Florida Statutes
3. Sec. 939.185(1)(a)2., Florida Statutes
AN ORDINANCE AN ORDINANCE OF THE BOARD OF COUNTY
�ONBtS OF MONROE COUNTY. FLORIDA. DECLARING
THAT AN EXISTS AND VWUVING NOTICE BY A
FOUR.FIFTHS VOTE: AMENDING THE MONROE COUNTY CODE
BY ADDING A SECTION TO C� A �
NUMBERED SECTION ?46415:
ADDITIONAL COURT COSTS IN CRIMINAL CASES: PROVKING
FOR ALLOCATION OF ROM RECEIVED FROM ADDITIONAL
COURT COSTS; PROVIDMIG FOR REPEALER, SEVERA
INCLUSION MI THE MONROE COUNTY N PUBL MODIFICATIONS
THAT MAY ARISE FROM
AND PROVIOMID FOR AN EFFECTIVE DATE
court system; and
WHEREAS, itweas 2004 An endmenis are found In Chapter 2004 -285, i.aars of Florida; and
WHEREAS, Section MASS, Florida Statutes, WWM each county to adopt a
ordiramoe assessitq additional court coats, not to exceed $55.00 to be imposed for certain
for, felony, and atftial trafac viola ww. and
WHEREAS, the additional funding must be used for (1) *RX&V kmvsdm to SUPOOff"t
state f c dng for the elernsints of the Stale Courts System idenaled in Section 29.004, Florida
Statutes, and County funding for Iocwi mqukwnwft under Section 29.008(2)(a)Z, Florida Statutes:
(2) personnel and legal materials for the public as part of a law NxWT, (3) providing legal aid
programs, and (4) support of teen court program, juvenile assessment centers and other juvenile
attemative programs, as determined by ft Board of County Commissioners ; and
W iaR , the legWGb0n saw" these additional costa mium that the Board of County
Comm*Wffw s a d o pt an qua requiring these costs; and
vw ERFAS, the addtioral court cost may We erect on July 1, 2004 provided an ordinance
has been adopted and Is In erect on or before July 1, 2004; and
WHEREAS, the Governor si pied Chapter 2004-205, Laws of Florida. on May 28, 2W4; and
WHEREAS, the County Commission will not meet again urrtd after Judy 1, 20x4, with the resin
VW the court cost would not be In place on July 1, 2004, and would result In revenue that 0ttneW
would be available to be imetrlevab{y 10814 and
WHEREAS, tune is of the essence adopting an ordnance imposing the court cost; aril
WHEREAS. the Board of County Commissioners of Monroe County hereby *dB mod dedaros
that adoption of this or*mm is necessary, appropriate, and In the public Interest of dimes of Oft
cornmurft now therefore:
BE IT ORDARGID 13Y THE BOARD OF COUNTY COMMISSIOtM:RS OF MONROE
COUNTY. FLORIDA, that:
An errargmwy is hereby declared and notice waived by a ft rdlllhs vote.
Section 2-605 of the Monroe County Code of Ohs is hereby seated and
shah read as fbo w .
(a) Pu m t to Section 939. 185, Flodda S>dutes. an additional covet cost of Sbdy-
Fra Dollars ($55.00) shag be imposed by the court when a permit pkeft gtft or rob contendere
to, or is found guilty of, any felony, misdemeanor, or criminal traffic offence undw Florida laws.
(b) Feuds received from this additional count cost snap be distributed as follows:
1. Twenty4im perm (25%) of the arnou t copected shad be allocated to
wppwywm State hmdng for the arts of the State courts system in Monroe County 26 idemtifisd
In Sect 29. 004, Fbrids Statutes, and County f X&V for bcct mquirennsnta under Sege
29.008(2xa)2, Florida StaWbes.
2. TWenW -f" psroent (25 shad be alocated to fund legal aid programs
in Nbfwoo County corn WW* vnth Section 29.008(3), Florida Statutes.
3. Twenty -flee perms (25%) ohd be allocated to tnd personnel and legal
materials for the public as put of law Wow". whether as separate IlIxuries or as part of the Monroe
County Public Library Systern.
4. Twonly -five percent (25%) shod be allocated ated to fund teen court
program and other ju an a aMerru tm programs in Monroe County as determined by the Board
of County Conw ssioners.
(c) The oout stroll order payment of these additions! court costs In all motion;
aubjed to this Ordinance, but may deter paymor t 8 the parson against whom the cost is imposed Is
(d) At the end of each County fib year durbV which sold additnd court costs
we collected, any surplus is regwrad to be reallocated and Marred for use to fiord hwvadm to
supplamerrt f mdit for the state, Court systern in Monroe County under paragraph (AX1) above.
Any and di ordinances in contact truth are hereby reposled to the extent of any conlIct.
It is declared to be the intent of the Board of County CommWO Mars of Monroe County,
Florida, that if any aecdorn, suoction, sentence, douse, or Provision of this Ordinance Is hold invdld,
th e ramander of the Ordnance shall be hued as not having corttnad NO saction. WARSIS #on.
sue, odauW or provision. and ;bail not be o3 IWW by such hd ft.
7 7FAMM 7-
It is the intent of the Board of County Commissioners that the provnaions of this ordirwrnos shdl
bacon ve and be made part of the Monroe County Code of On*wnces and that the sections of this
ordnanme may be r nunt ersd or raW t fld.
It is the MM of the Baru of County Comn*udorrem that the WwAsione of this ordnance may
be modified as a result of considsratiarrs that may arlse during pubk he irMpL Such modicobOns
shat be incorporated into the fmai verslon of the wdkUnae adopted by the Board and flied by the
Clerk to the Board pursuant to Section 6.
A certftd COPY of this Ordinance shat be fNed with the Department of State by the Cleric to the
Board within ten (10) days after adoption of this 0Wkw . and this Ordnamoe shat take ef6ect an
July 1.2004.
PASSED AND ADOPTED by the Board of Canty Cd W"Wnm of Monroe Courtly, Fbrida. at a
NgLdw nr Wft d Bald Board held an the 1f31h day of Jtute . 2004.
Nelson
Pro Tam Rics
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A1bak
�I WY LWLMC.E. Clerk
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Yes
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BOARD OF COUNTY COWSWNERS
OF MONROE COUNTY, FLORIDA
BY 2 ff jt=ft j E
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APPRCwED AS TO LEGAL FORM
OFFICE OF THE MONROE { OMW ATTORNEY
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June 18, 2004
CLERIC OF THE CIRCUIT COURT
MONROE COUNTY
Mrs. Liz Cloud, Chief
Bureau of Administrative Code & Laws
The Collins Building
107 W Gaines Street, Suite L43
Tallahassee FL 32399 -0250
Via CartiyW Meif 70'12 2030 W01 2"8 7552
Enclosed please find ceutified copies of the following:
Ordinance No. 016 -2004 des wbg that an emergency ems and waiving notice by a
fw fifths -rote; amending the Mooroa County Cob by adding a Section to Chapter 2, Art.
XXVII, to be nmbered Section 2-605; providing ft imposition of additional court carts m
criminal cases; providing for allocation of fiords received from additional, court costa; providing
for Ala', may, inclusion in the Mmmoe County Code, modificaticros that may arise fivm
consideration at public Ha fig; and providing for an afrbcthm date.
Ordinance No. 017-2004 declaring that an amerganq adsts and wsnv* notice by a
four -fifths vote; amending the Monroe County Code by adding a Sections to Ordnance by the
Board of County Commissioners of Monroe County ammdimg the Monroe County Code by
adding a Section to Chapter 2, Art. XX to be rru bard Section 2-604; providing for
imposition of a age on certain traffic violations; providing for allocation of finder received
from the surcharge to fimd State Court Facilities; providing for males, severability, inclusion in
the Momoe County Code, modifications that may arise from consideration ion at Public Hearing and
providing for an cffactive date.
There Ordinances were adopted by the Monroe County Hoard of County Conumsmoneaa
at a Regular Meeting in £damn! session on June 16, 2004. Please fie for record. Should you have
any questions pleese fee( free to contact ere at (305) 292 -3550.
ordfu wm Nos. 016 -2004 & 017 -2004
Page
Danny L. Kolh P
(leek of the Cirm* Court
and ex officio Clak to the
Board of County Com issioners
by:
Pamela . Haw ock, D.C.
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The 2o14 Florida Statutes
Statutes & Constitution :View 3taWtee : OnBne Sunshine
Select Year:
2014 • ; Go
Title V Chapter 29 View Entire Chapter
JUDICIAL. BRANCH COURT SYSTEM FUNDING
29.008 County funding of court- related functions.—
(1) Counties are required by s. 14, Art. V of the State Constitution to fund the cost of communications
services, existing radio systems, existing multlagency criminal justice information systems, and the cost of
construction or tease, maintenance, utilities, and security of facilities for the circuit and county courts,
public defenders' offices, state attorneys' offices, guardian ad !item offices, and the offices of the clerks of
the circuit and county courts performing court- retated functions. For purposes of this section, the term
"circuit and county courts" includes the offices and staffing of the guardian ad [item programs, and the
term "public defenders' offices" includes the offices of criminal conflict and civil regional counsel. The
county designated under s. 35.05 as the headquarters for each appellate district shalt fund these costs
for the appellate division of the public defender's office in that county. For purposes of implementing
these requirements, the term:
(a) "Facility" means reasonable and necessary buildings and office space and appurtenant equipment
and furnishings, structures, real estate, easements, and related interests in real estate, including, but not
limited to, those for the purpose of housing legal materials for use by the general public and personnel,
equipment, or functions of the circuit or county courts, public defenders' offices, state attorneys' offices,
and court- related functions of the office of the clerks of the circuit and county courts and all storage. The
term "facility" includes all wiring necessary for court reporting services. The tern also includes access to
parking for such facilities in connection with such court- retated functions that may be available free or
from a private provider or a local government for a fee. The office space provided by a county may not be
less than the standards for space allotment adopted by the Department of Management Services, except
this requirement applies only to facilities that are leased, or on which construction commences, after June
30, 2003. County funding must include physical modifications and improvements to all facilities as are
required for compliance with the Americans with Disabilities Act. Upon mutual agreement of a county and
the affected entity in this paragraph, the office space provided by the county may vary from the standards
for space allotment adopted by the Department of Management Services.
1. As of July 1, 2005, equipment and furnishings shall be limited to that appropriate and customary for
courtrooms, hearing rooms, jury facilities, and other public areas in courthouses and any other facility
occupied by the courts, state attorneys, public defenders, guardians ad !item, and criminal conflict and
civil regional counsel. Court reporting equipment in these areas or facilities is not a responsibility of the
county.
2. Equipment and furnishings under this paragraph in existence and owned by counties on July 1, 2005,
except for that in the possession of the clerks, for areas other than courtrooms, hearing rooms, jury
facilities, and other public areas in courthouses and any other facility occupied by the courts, state
attorneys, and public defenders, shall be transferred to the state at no charge. This provision does not
apply to any communications services as defined in paragraph (f).
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(b) "Construction or lease" includes, but is not limited to, all reasonable and necessary costs of the
acquisition or lease of facilities for all judicial officers, staff, jurors, volunteers of a tenant agency, and the
public for the circuit and county courts, the public defenders' offices, state attorneys' offices, and for
performing the court- related functions of the offices of the clerks of the circuit and county courts. This
includes expenses related to financing such facilities and the existing and future cost and bonded
indebtedness associated with placing the facilities in use.
(c) "Maintenance" includes, but is not limited to, all reasonable and necessary costs of custodial and
groundskeeping services and renovation and reconstruction as needed to accommodate functions for the
circuit and county courts, the public defenders' offices, and state attorneys' offices and for performing the
court- retated functions of the offices of the clerks of the circuit and county court and for maintaining the
facilities in a condition appropriate and safe for the use intended.
(d) "Utilities" means all electricity services for tight, heat, and power; natural or manufactured gas
services for light, heat, and power; water and wastewater services and systems, stormwater or runoff
services and systems, sewer services and systems, all costs or fees associated with these services and
systems, and any costs or fees associated with the mitigation of environmental impacts directly related to
the facility.
(e) "Security" includes but is not limited to, all reasonable and necessary costs of services of law
enforcement officers or licensed security guards and all electronic, cellular, or digital monitoring and
screening devices necessary to ensure the safety and security of all persons visiting or working in a facility;
to provide for security of the facility, including protection of property owned by the county or the state;
and for security of prisoners brought to any facility. This includes bailiffs white providing courtroom and
other security for each judge and other quasi- judicial officers.
(f) "Communications services" are defined as any reasonable and necessary transmission, emission, and
reception of signs, signals, writings, images, and sounds of intelligence of any nature by wire, radio,
optical, audio equipment, or other electromagnetic systems and includes all facilities and equipment
owned, leased, or used by judges, clerks, public defenders, state attorneys, guardians ad [item, criminal
conflict and civil regional counsel, and alt staff of the state courts system, state attorneys' offices, public
defenders' offices, and clerks of the circuit and county courts performing court- related functions. Such
system or services shall include, but not be limited to:
1. Telephone system infrastructure, including computer tines, telephone switching equipment, and
maintenance, and facsimile equipment, wireless communications, cellular telephones, pagers, and video
teleconferencing equipment and line charges. Each county shalt continue to provide access to a local
carrier for local and long distance service and shall pay toll charges for local and long distance service.
2. All computer networks, systems and equipment, including computer hardware and software,
modems, printers, wiring, network connections, maintenance, support staff or services including any
county- funded support staff located in the offices of the circuit court, county courts, state attorneys,
public defenders, guardians ad Utem, and criminal conflict and civil regional counsel; training, supplies,
and tine changes necessary for an integrated computer system to support the operations and management
of the state courts system, the offices of the public defenders, the offices of the state attorneys, the
guardian ad litem offices, the offices of criminal conflict and civil regional counsel, and the offices of the
clerks of the circuit and county courts; and the capability to connect those entities and reporting data to
the state as required for the transmission of revenue, performance accountability, case management, data
collection, budgeting, and auditing purposes. The integrated computer system shall be operational by July
1, 2006, and, at a minimum, permit the exchange of financial, performance accountability, case
management, case disposition, and other data across multiple state and county information systems
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involving multiple users at both the state level and within each judicial circuit and be able to electronically
exchange judicial case background data, sentencing scoresheets, and video evidence information stored in
integrated case management systems over secure networks. Once the integrated system becomes
operational, counties may reject requests to purchase communications services included in this
subparagraph not in compliance with standards, protocols, or processes adopted by the board established
pursuant to former s. 29.0086
3. Courier messenger and subpoena services.
4. Auxiliary aids and services for qualified individuals with a disability which are necessary to ensure
access to the courts. Such auxiliary aids and services include, but are not limited to, sign language
interpretation services required under the federal Americans with Disabilities Act other than services
required to satisfy due - process requirements and identified as a state funding responsibility pursuant to ss.
29.0-M 29.005 29.006. and 29.007 real -time transcription services for individuals who are hearing
impaired, and assistive listening devices and the equipment necessary to implement such accommodations.
(g) "Existing radio systems" includes, but is not limited to, law enforcement radio systems that are
used by the circuit and county courts, the offices of the public defenders, the offices of the state
attorneys, and for court- related functions of the offices of the clerks of the circuit and county courts. This
includes radio systems that were operational or under contract at the time Revision No. 7, 1998, to Art. V
of the State Constitution was adopted and any enhancements made thereafter, the maintenance of those
systems, and the personnel and supplies necessary for operation.
(h) "Existing multiagency criminal justice information systems° includes, but is not limited to, those
components of the multiagency criminal justice information system as defined in s. 943.045 supporting the
offices of the circuit or county courts, the public defenders' offices, the state attorneys' offices, or those
portions of the offices of the clerks of the circuit and county courts performing court- related functions that
are used to carry out the court- related activities of those entities. This includes upgrades and maintenance
of the current equipment, maintenance and upgrades of supporting technology infrastructure and
associated staff, and services and expenses to assure continued information sharing and reporting of
information to the state. The counties shall also provide additional information technology services,
hardware, and software as needed for new judges and staff of the state courts system, state attorneys'
offices, public defenders' offices, guardian ad [item offices, and the offices of the clerks of the circuit and
county courts performing court- related functions.
(2) Counties shall pay reasonable and necessary salaries, costs, and expenses of the state courts
system, including associated staff and expenses, to meet local requirements.
(a) Local requirements are those specialized programs, nonjudicial staff, and other expenses associated
with specialized court programs, specialized prosecution needs, specialized defense needs, or resources
required of a local jurisdiction as a result of special factors or circumstances. Local requirements exist:
1. When imposed pursuant to an express statutory directive, based on such factors as provided in
paragraph (b); or
2. When:
a. The county has enacted an ordinance, adopted a local program, or funded activities with a financial
or operational impact an the circuit or a county within the circuit; or
b. Circumstances in a given circuit or county result in or necessitate implementation of specialized
programs, the provision of nonjudicial staff and expenses to specialized court programs, special prosecution
needs, specialized defense needs, or the commitment of resources to the court's jurisdiction.
(b) Factors and circumstances resulting in the establishment of a local requirement include, but are not
limited to:
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1. Geographic factors;
2. Demographic factors;
3. Labor market forces;
4. The number and location of court facilities; or
5. The volume, severity, complexity, or mix of court cases.
(c) Local requirements under subparagraph (a)2. must be determined by the following method:
1. The chief judge of the circuit, in conjunction with the state attorney, the public defender, and the
criminal conflict and civil regional counsel only on matters that impact their offices, shall identify all local
requirements within the circuit or within each county in the circuit and shall identify the reasonable and
necessary salaries, costs, and expenses to meet these local requirements.
2. On or before June 1 of each year, the chief judge shall submit to the board of county commissioners
a tentative budget request for local requirements for the ensuing fiscal year. The tentative budget must
certify a listing of all local requirements and the reasonable and necessary salaries, costs, and expenses for
each local requirement. The board of county commissioners may, by resolution, require the certification to
be submitted earlier.
3. The board of county commissioners shall thereafter treat the certification in accordance with the
county's budgetary procedures. A board of county commissioners may:
a. Determine whether to provide funding, and to what extent it will provide funding, for salaries, costs,
and expenses under this section;
b. Require a county finance officer to conduct a preaudit review of any county funds provided under
this section prior to disbursement;
c. Require review or audit of funds expended under this'section by the appropriate county office; and
d. Provide additional financial support for the courts system, state attorneys, public defenders, or
criminal conflict and civil regional counsel.
(d) Counties may satisfy these requirements by entering into interiocal agreements for the collective
funding of these reasonable and necessary salaries, costs, and expenses.
(3) The following shalt be considered a local requirement pursuant to subparagraph (2)(a)1.:
(a) Legal aid programs, which shall be funded at a level equal to or greater than the amount provided
from filing fees and surcharges to legal aid programs from October 1, 2002, to .September 30, 2003.
(b) Alternative sanctions coordinators pursuant to ss. 984.09 and 985.037
(4)(a) The Department of Financial Services shall review county expenditure reports rehired under s.
29.0085 for the purpose of ensuring that counties fulfill the responsibilities of this section. The departrnent
shall compare county fiscal reports to determine if expenditures for the items speed in paragraphs (1)
(a) -(h) and subsection (3) have increased by 1.5 percent over the prior county fiscal year. The initial review
must compare county fiscal year 2005 -2006 to county fiscal year 20042005. if the department finds that
expenditures for the items specified in paragraphs (1)(a) -(h) and subsection (3) have not increased by 1.5
percent over the prior county fiscal year, the department shall notify the President of the Senate and the
Speaker of the House of Representatives and the respective county. The Legislature may determine that a
county has met its obligations for items specified in this section if the prior county fiscal year included
nonrecurring expenditures for facilities or information technology that is not needed in the next county
fiscal year or expenditures or actions that enable a county to attain efficiencies in providing services to the
court system. The Legislature may direct the Department of Revenue to withhold revenue - sharing receipts
distributed pursuant to part 11 of chapter 218, except for revenues used for paying the principal or interest
on bonds, taut anticipation certificates, or any other form of indebtedness allowed under s. 218.25 (2),
or (4), from any county that is not in compliance with the funding obligations in this section by an amount
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Statutes & Constitution :View Statutes : Onpns Sunshine
equal to the difference between the amount spent and the amount that would have been spent had the
county increased expenditures by 1.5 percent per year.
(b) The department shall transfer the withheld payments to the General Revenue Fund by March 31 of
each year for the previous county fiscal year. These payments are appropriated to the Department of
Revenue to pay for these responsibilities on behalf of the county.
1 (c) Counties are exempt from all requirements and provisions of paragraph (a) for the 2014 -2015 fiscal
year. Accordingly, for the 20142015 fiscal year, counties shall maintain, but are not regtnred to increase,
their expenditures for the items specified in paragraphs (1)(a) -(h) and subsection (3). The requirements
described in paragraph (a) shall be reinstated beginning with the 2015 -2016 fiscal year. This paragraph
expires July 1, 2015.
History. —s. 8, ch. 2000 -237; s. 1, ch. 2001 -265; ss. 44, 45, ch. 2003 -402; s. 28, ch. 2004265; s. 17, ch. 2005 -236; s. 105, ch.
2006 -120; s. 6, ch. 2006 -122; s. 19, ch. 2007 -6; s. 19, ch. 2007 -62; s. 10, ch. 2010 -153; s. 23, ch. 2011 -47; s. 20, ch. 2012 -119; s.
14, ch. 2013 -41; s. 24, ch. 2014.53.
1 Note.— Section 24, ch. 2014 -53, amended paragraph (4)(c) woln order to implement section 7 of the 20142015 General
Appropriations Act.
Copyright O 1995 -2014 The Florida legislature • Privacy Statement • Contact Us
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Select Year. 12014 * ' Go
The 2oi4 Florida Statutes
Iftl€ XLVII Chanter 939 View Entire Chanter
CRIMINAL PROCEDURE AND CORRECTIONS COSTS
939.185 Assessment of additional court costs and surcharges. —
(1)(a) The board of county commissioners may adopt by ordinance an additional court cost, not to
exceed $65, to be imposed by the court when a person pleads guilty or nolo contendere to, or is found
guilty of, or adjudicated delinquent for, any felony, misdemeanor, delinquent act, or criminal traffic
offense under the laws of this state. Such additional assessment shall be accounted for separately by the
county in which the offense occurred and be used only in the county imposing this cost, to be allocated as
follows:
1. Twenty -five percent of the amount collected shall be allocated to fund innovations, as determined
by the chief judge of the circuit, to supplement state funding for the elements of the state courts system
identified in s. 29.004 and county funding for local requirements under s. 29.048 (2)(a)2.
2. Twenty -five percent of the amount collected shill be allocated to assist counties in providing legal
aid programs required under s. 29.008 (3)(a).
3. Twenty -five percent of the amount collected shall be allocated to fund personnel and legal materials
for the public as part of a law library.
4. Twenty -five percent of the amount collected shall be used as determined by the board of county
commissioners to support teen court programs, except as provided in s. 938.19 juvenile assessment
centers, and other juvenile alternative programs.
Each county receiving funds under this section shall report the amount of funds collected pursuant to this
section and an itemized list of expenditures for all authorized programs and activities. The report shall be
submitted in a format developed by the Supreme Court to the Governs the Chief Financial Officer, the
President of the Senate, and the Speaker of the Mouse of Representatives on a quarterly basis beginning
with the quarter ending September 30, 2004. Quarterly reports shall be submitted no later than 30 days
after the end of the quarter. Any unspent funds at the close of the county fiscal year allocated under
subparagraphs 2., 3., and 4., shall be transferred for use pursuant to subparagraph 1.
(b) In addition to the court costs imposed under paragraph (a) and any other cost, fine, or penalty
imposed by law, any unit of local government which is consolidated as provided by s. 9, Art. VIII of the
State Constitution of 1885, as preserved by s. 6(e), Art. VIII of the State Constitution of 1968, and which is
granted the authority in the State Constitution to exercise all the powers of a municipal corporation, and
any unit of local government operating under a home rule charter adopted pursuant to ss. 10, 11, and 24,
Art. Vill of the State Constitution of 1885, as preserved by s. 6(e), Art. VIII of the State Constitution of
1968, which is granted the authority in the State Constitution to exercise all the powers conferred now or
hereafter by general taw upon municipalities, may impose by ordinance a surcharge in the amount of $85 to
be imposed by the court when a person pleads guilty or nolo contendere to, or is found guilty of, or
adjudicated delinquent for, any felony, misdemeanor, delinquent act, or criminal traffic offense under the
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taws of this state. Revenue from the surcharge shall be transferred to such unit of local government for the
purpose of replacing fine revenue deposited into the clerk's fine and forfeiture fund under s. 142.01
Proceeds from the imposition of the surcharge authorized in this paragraph shall not be used for the
purpose of securing payment of the principal and interest on bonds.
(c) The disbursement of costs collected under this section shalt be subordinate in priority order of
disbursement to all other state - imposed costs authorized in this chapter, restitution or other compensation
to victims, and child support payments.
(d) The clerk of court shall cause a certified copy of the court order imposing such costs to be recorded
in the public records. Such record constitutes a lien against the person upon whom the costs are imposed
and shall attach as a lien on any real property owned by such person located in the county in which such
order is recorded in the same manner and to the same extent as a judgment recorded as provided in s.
55.10. Such order shall attach as a lien on any personal property owned by such person located in the state
upon the filing with the Department of State of a judgment lien certificate regarding such order as provided
in ss. 55,202 55,209 A lien created under this paragraph does not attach to, or make subject to execution
of levy or foreclosure, any real or personal property otherwise exempt under s. 4, Art. X of the State
Constitution. A lien created under this paragraph is enforceable in the same manner as provided by taw.
(2) The court shall order a person to pay the additional court cost. If the person is determined to be
indigent, the clerk shall defer payment of this cost.
History. —s. 88, ch. 2004 -265; ss. 63, 72, ch. 2005 -236; s. 3, ch. 2007 -71; s. 14, ch. 2009 -61; s. 10, ch. 2009 -215; s. 35, ch.
20110 -162.
Copyright O 1995 -2414 The Florida Legislature - Privacy Statement - Contact W
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