Item C12 C.12
t, BOARD OF COUNTY COMMISSIONERS
County of Monroe Mayor Sylvia Murphy,District 5
The Florida Keys � � �l'U � Mayor Pro Tern Danny Kolhage,District 1
�pw° Michelle Coldiron,District 2
Heather Carruthers,District 3
David Rice,District 4
County Commission Meeting
June 19, 2019
Agenda Item Number: C.12
Agenda Item Summary #5647
BULK ITEM: Yes DEPARTMENT: Budget and Finance
TIME APPROXIMATE: STAFF CONTACT: Christine Limbert(305) 292-3470
N/A
AGENDA ITEM WORDING: Approval of a Second Amendment to the Agreement- Legal Aid
Funding with Legal Services of Greater Miami, Inc. to extend the agreement for an additional five
(5) years to provide legal aid services in Monroe County, FL in accordance with Sec. 10-26(b)(2),
Monroe County Code and F.S. 29.008(3)(a) and 939.185, Florida Statutes.
ITEM BACKGROUND:
Pursuant to Sec. 939.185, Florida Statutes, Assessment of additional court costs and surcharges, the
Board of County Commissioners enacted Ordinance No. 016-2004 on June 16, 2004. Sec. 10-
26(b)(2) of the Monroe County Code provides that 25% of the additional court costs assessed shall
be allocated to fund legal aid programs in Monroe County, consistent with Sec. 29.008(3)(a), Florida
Statutes. The BOCC has entered into two previous agreements with Legal Services of Greater
Miami, Inc. d1h1a Legal Services of the Florida Keys: December 15, 2004 which expired September
30, 2009; and September 16, 2009, which was extended by Board approval of a First Amendment on
September 17, 2014 for an additional five (5) years to expire September 30, 2019.
Approval of the proposed Second Amendment extends the Agreement an additional five years,
effective 10/1/2019 and expiring 9/30/2024 and updates the Agreement as follows:
• Extends the Agreement for an additional 5 years (10/1/19 - 9/30/2024);
• Updates the Non-discrimination clause;
• Reflects the name of the party providing the legal services as Legal Services of Greater
Miami, Inc. (no longer operating under"dba Legal Services of the Florida Keys");
• Reflects the name of their current Executive Director effective 10/1/2017;
• Reflects their current mailing address effective 12/19/2016.
PREVIOUS RELEVANT BOCC ACTION:
12/15/2004 (C-12) BOCC approved Interlocal Agreement—Legal Aid Funding
9/16/2009 (C-33) BOCC approved Agreement—Legal Aid Funding
9/17/2014 (C-35) BOCC approved First Amendment extending the Agreement five (5) years to
9/30/2019
Packet Pg.441
C.12
CONTRACT/AGREEMENT CHANGES:
Extends Agreement for an additional 5 years (10/1/19 - 9/30/2024); updates Non-discrimnation
clause, name of party providing services, name of current Executive Director and mailing address
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
EXECUTED STAMPED Amendment 2 (6 3 19)
Sec. 10-26(b)(2), MCC
F.S. 29.008(3)a) Florida Statutes
F.S. 939.185(1)(a)2, Florida Statutes
Ordinance No 016-2004
FINANCIAL IMPACT:
Effective Date: 10/1/2019
Expiration Date: 9/30/2024
Total Dollar Value of Contract: TBD
Total Cost to County: Pursuant to Ordinance No. 016-2004; F.S. 29.008(3)(a); and F.S.
939.185(1)(a)2.
Current Year Portion: TBD
Budgeted: Yes
Source of Funds: 158-04586-530340
CPI: N/A
Indirect Costs: N/A
Estimated Ongoing Costs Not Included in above dollar amounts: N/A
Revenue Producing: No If yes, amount:
Grant: No.
County Match: N/A
Insurance Required: N/A
Additional Details:
REVIEWED BY:
Christine Limbert Completed 06/03/2019 11:48 AM
Tina Boan Completed 06/03/2019 2:48 PM
Maria Slavik Completed 06/03/2019 2:52 PM
Kathy Peters Completed 06/03/2019 4:33 PM
Board of County Commissioners Pending 06/19/2019 9:00 AM
Packet Pg.442
SECOND AMENDMENT TO
AGREEMENT—LEGAL AID FUNDING
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
AND
LEGAL SERVICES OF GREATER MIAMI, INC.
E
THIS SECOND AMENDMENT is made and entered into this day of
2019 between the Board of County Commissioners of Monroe County,
Florida and Legal Services of Greater Miami, Inc,, and
WHEREAS, Legal Services of Greater Miami, Inc., a non-profit corporation, provides 4-
0
free legal services to indigent individuals throughout Monroe County, Florida with civil legal U)
problerns primarily in the areas of housing, employment and econornic security, and family and it
education law; and
WHEREAS, pursuant to Sec. 10-26(b)(2) of the Monroe County Code (Ordinance No.
016-2004), in accordance with F.S. 29.008(3)(a), twenty-five percent of the additional court cost
in criminal cases shall be allocated to fund legal aid programs in the County; and
E
WHEREAS, the Board of County Commissioners previously entered into three (3)
5-year Legal Aid Funding Agreements with Legal Set-vices of Greater Miami, Inc.; December E
17, 2004, which expired September 30, 2009; September 16, 2009, which expired September 30,
2014; and, under the First Amendment approved September 17, 2014, which was effective 0
October 1, 2014 and will expire September 30,2019; and
WHEREAS, the parties wish to continue this Agreement, Linder the same terms and
conditions, for an additional five (5) years; and
WHEREAS, Legal Services of Greater Miami, Inc, are providing legal aid services in
Monroe County, FL operating Linder Legal Services of Greater Miami, Inc. and no longer
E
operating under Legal Services of Greater Miami, Inc. d/b/a Legal Services of the Florida Keys; 'a
and
E
WHEREAS, Legal Services of Greater Miami, Inc. has advised their Executive Director
W
changed effective 10/1/2017 and their address changed effective 12/19/2016; and
WHEREAS, the language in Section 10. Nondiscrinfination needs to be updated; (n
a
W
NOW THEREFORE, the Board of County Commissioners of Monroe County, Florida
:D
and Legal Services of Greater Miami, Inc. hereby agree to amend the Agreement as follows: U
W
X
W
1. Legal Services of Greater Miami, Inc. is the party providing the legal aid
services -under this Agreement in Monroe County, Florida, Any reference
E
to Legal Services of the Florida Keys or Legal Services of Greater Miami,
Inc. dJb/a Legal Services of the Florida Keys shall be replaced with Legal
Services of Greater Miami, Inc. <
Page I of 3
Packet Pg.443
2. Section 2. TERM, is hereby amended to extend the term of this
Agreement for an additional five (5) years to expire September 30,
2024 and shall read as follows:
2. TERM. The term of this agreement is for five years E
2
commencing October 1, 2019 and ending September 30, 2024,
unless earlier terminated under the provisions of this
Agreement,
4-
0
U)
3. Section 10. NONDISCRIMINATION. is hereby updated and amended 0
to read as follows:
10. NON-DISCRIMINATION, The parties agree that there will be
no discrimination agains
t any person, and it is expressly
understood that upon a detennination by a court of competent
jurisdiction that discrimination has occurred, this Agreement
E
automatically terminates without any further action on the part of
any party, effective the date of the court order. The parties agree
E
to comply with all Federal and Florida statutes, and all local
ordinances, as applicable, relating to nondiscrimination. These
0
include but are not limited to: 1) Title V11 of the Civil Rights Act
of 1964 (PL 88-352), which prohibits discrimination in
employment on the basis of race, color, religion, sex, and national
origin; 2) Title IX of the Education Amendment of 1972, as
arnended (20 USC §§ 1681-1683, and 1685-1686), which prohibits
discrimination on the basis of sex; 3) Section 504 of the ev
Rehabilitation Act of 1973, as amended (20 USC § 794),, which
prohibits discrimination on the basis of handicaps; 4) The Age E
'a
Discrimination Act of 1975, as amended (42 USC §§ 6101-6107),
which prohibits discrimination on the basis of age; 5) The Drug E
Abuse Office and Treatment Act of 1972 (PL 92-255), as
amended, relating to nondiscrimination on the basis of drug abuse; W
6) The Comprehensive Alcohol Abuse and Alcoholism Prevention,
Treatment and Rehabilitation Act of 1970 (PL 91-616), as
amended, relating to nondiscrimination on the basis of alcohol (n
abuse or alcoholism; 7) The Public Health Service Act of 1912, a
W
§§ 523 and 527 (42 USC §§ 690dd-3 and 290ee-3), as amended, M
U
relating to confidentiality of alcohol and drug abuse patient W
X
records; 8) Title V111 of the Civil Rights Act of 1968 (42 USC W
§§ 3601 et seq.), as amended, relating to nondiscrimination in the
sale, rental or financing of housing- 9) The Americans with
E
Disabilities Act of 1990 (42 USC §§ 12101), as amended from
time to time, relating to nondiscrimination in employment on the
basis of disability; 10)Monroe County Code Chapter 1,4, Article II,
which prohibits discrimination on the basis of race, color, sex,
Page 2 of 3
Packet Pg.444
religion, national origin, ancestry, sexual orientation, gender
identity or expression, familial status or age; and 11) any other
nondiscrinlination provisions in any federal or state statutes which
may apply to the parties to, or the subject matter of, this
Agreement.
E
2
4. Section 16. NOTICE. The portion of this section titled "For Legal
Services of Greater Miami dba Legal Services of the Florida Keys:" is
hereby amended to reflect the current operating name, Executive Director
and address to read as follows:
4-
0
U)
For Legal Services of Greater Miami,Inc.: 0
.2
Monica Vigues-Pitan,Esq.
4343 West Flagler Street, Suite 100 as
Miami,Fl, 33134
S. All other terms and conditions of the Agreement entered into September
16, 2009, as amended, not inconsistent herewith, copies of which are E
attached hereto as Exhibit A and made a part of this Second Amendment,
remain in full force and effect.
E
0
(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: KEVIN MADOK,Clerk OF MONROE COUNTY,FLORIDA
By_
Deputy Clerk Mayor/Chairperson C14
E
E
W
a.
ESS.-, LEGAL SERVICES OF GREATER
1A
MIAMI, INC. d/b/a LEGAL SERVICEScis
OF THE FLORIDA KEYS W
M
a or U
W
X.hclle- Hwnryl-oll ByV_-VD W
4i
M - -q-.
Printed Name gues-Pitan,Fs
Executive Director E
O E COUNTY ATTORNEY
Page 3 of 3 API=fit TO
Cmusn]NE L ERT-B S
ASSISTANT COUN7A
DATE: TEPaclket Pg.445
FIRST AMENDMENT TO
AGREEMENT—LEGAL AID FUNDING
E
BOARD OF COUNTY COMMISSIONERS OF MO COUNTY,FLORIDA
AND
LEGAL SERVICES OF GREATER MIA I, INC, d1b/a
LEGAL SERVICES OF THE FLORIDA HEYS
THIS FIRST AMENDMENT is made and entered into this 12 day of September, 0
U)
2014 between the Board of County Commissioners of Monroe County, Florida and the Legal 0
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 E
WHEREAS, the Board of County Commissioners enacted Ordinance No. 016-2004 E
assessing additional court costs of $65 for certain misdemeanor, felony and criminal traffic
violations;and 0
WHEREAS, the Board of County Commissioners, under the authority of Chapter (n
2004-265, Laws of Florida, directed that twenty-five percent of the funds collected shall be F
allocated to assist counties in providing legal aid programs required under s, 29,008 (3)(a);
C14
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, E
2014;
E
WHEREAS, the parties wish to continue this Agreement, under the same terms and
W
conditions, for an additional five(5)years; (L
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:
W
I Section 2. TERM. is hereby amended to extend the term of this M
U
Agreement for an additional rive (5) years to expire September 30, W
X
2019 and shall read as follows, W
2. TERM. The term of this agreement is for five years commencing
E
October 1, 2014 and ending September 30, 2019, unless earlier
terminated under the provisions of this Agreement,
Page I of 2
EXRIBIT A.,
TO SECOM) ADIEND44Wr
Packet Pg.446
C.12.a
"'Roman Gmtor to
read as foMknn:
Fos'Mo County-
County Attorney AND County
P.0.Box 1026 1100 Simonton sfted
4-
Key West, L 33041-1026
U)
0
3. All other conditions of the into September 16,20M, �
a oM of wbich hit A and made
part of this First Amendment
p ' � -X
see�f VBOARD OF 1 E
F MONROE COUNTY,FLORIDA
Depa Clerk
cv
LEGAL SERVICES 9
INC /s, LEGAL SERVICF-S
OF'1
y» w
a, m- ri ` e Director
U
LPP�OV D A TO FORkvR
CHRISTINC M.I Id,'BERT"CA ARROWS �
Date
Page 2 of 2
Packet Pg.447
C.12.a
AGREEMENT—LEGAL AID FUNDING
BOARD OF COUNTY COMMXSSIONERS;OF MONROE COUMT, FLORXDA AND
LEGLAL SERVICES F GREATER MXAM1,INC. D F THE
FLORMA KEYS
4-
0
Legal Services of Greater Miami, Inc. a non-profit corporation U)
operates Legal Services of the Florida Keys, the County Regional office whIcil provides 0
free legal services to Indigent individuals throughout Monroe County, Florida. Legal
Services f the Florida! Keys serves clients dvil legal problem primarily in the �
areas of housing, employment and economic security, and family and education law, �
the Board of County Commissioners ion d Ordnance o. 016-
2004 assessing additional court costs of for certain misdemeanor, felony, and �
criminal Uaffic violations; and
the Board of County Commissioners, render the authority of
Chapter 2 -26 , Laws of Florida, directed thattwenty-five percent of the funds
collected shall be allocated for assM counties in providing Legal aid programs aimed 0
under s. 29. ) (a);
NOW THEREFORE the Board of County Commissioners of Monroe County and
Legal Services of the Florida gays enter Into this agreement as follows:
1. PAYMENTS.
cv
Initlal Paynumt. 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. 01 2004 (July
1,, 2004) until the effective date of this agreement, E
Thereafter, the Cleric of Court shall rernit the same
percentage of additional court costs to Legal, a of Greater Miami, Inc. on a
quarterly basis,
a nunspent
rr _at ffm dome of the county iihmall year aft'be rmliftod badc to the Clerk W
for allimmHon In F . ( )( )l.
�s
2. TERM. The term of this agreement rrt is for five yearn and commerims on
October 1, 2009 and ends September 30, 2014, unless earlier terminated, under the
provisions of this agreement
r party may terrr9nate this agreement at
the end of any fiscal year after providing the other panty at least ninety days advance �
Packet Pg.448
C.12.a
written notice of Its Intent. In the event that representation of Monroe Countydeclines
more than 0 due to the closure of the Legal Services Key West office, the County 0
may give thirty (3 ) 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 Ald Program. These
4-
records shall be open for examination by the Clerk of Court, and shall be subject to 0
annual external audit as required by law. �
0
lc A=w& The County and Legal Services of the Florida Keys shall
0
allows and permtt reasonable access to, and Inspection: of, all documents, papers,
letters or other materials in Its possession or under Its control subject to the �
provisions of Chapter 119, Florida Statutes, and made or received by the County and 0
Legal Services of the Florida Keys In conjunction with this nt; and the County
shall have: the right to unilaterally cancel this Agreement upon violation of this
provision by Legal Services of the Florida Keys. 0
Quorbsilly Reports. Pursuant to Staft Sbdubk firm Caumy is0
required , induding an ° mil@=d Rft of
Services of Greater P414ml,Inc.shall provitle to the Cautty Ctark the mquired
l ll dollim to the paimora designated for
nodes to tha County a report that kkotlitim the number of f (n
reskilerft for whom zeirvitmnd hm, many 16"' Iludidal
arwicmat mppwrancss wwe made an behaff of Monme County residaft
In the quairter just ended.
S. MODUICATIONS AND AMENDMENTS. y and all modifications of the
terms of this agreement shall be only amended inwriting' and approved by the Board
0
Of County Commissioners for Monroe County. The terms, 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,
succeswrs,and assigns.
INDEPENDENT C t all m and for all purposes w
e hereunder, Legal Services of the Ho a lC is an independent n 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 Servkjes of the Florida cos
Keys or any of Its employees, Contractors,servants or agents to be the employees of
the Board of County Commissioner's of Monroe County, and they shall be entitled to
crone of the rights, privileges or beneft of employees of Monroe cosy
o�
el Liabilifty. 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 InclMdual capacity, and no member, officer, agent or
employee of Monroe County shall be liable personally on this Agreement or be s,a
ca
0
2
Packet Pg.449
C.12.a
to any personal liability or accountability by reason of the e.xecutjon of t3
Agreement.
2
. HOW HARMEMW/11PIDENNIMCATION. Legal Se"Vices of the Porlda
hereby agree to Indemnify and hold harmless the County and any of Its officers
and employees from and against any and all claims, flabilitles, litigation, causes of,
action, damages, costs, expenses (Including but not limited to fees and expenses
arising from any f&tual Investigation, discovery or preparation for litigation), and the
payment of any and all of the floregoing or any demands, settlements or Judgments 0
arising directly or indirectly under this agreement a
) Man-Walvw of Immmity. Notwithstanding the pro%lslons of Sec.
.2 , 19orida Statutes, participation, of the County and Legal Services of the @
Florida Keys in this Agreement, and the acquMlon of any commercial liability
Insurance coverage, self-insurance coverage, or local government liability insurance
pool coverage shall not be deemed a waiver of Immunity y to the eDftnt of liability
coverage, nor shall any contract entered l E
the Coin be required contain
any, provision for waiver:
) Prkvftes and lmmunNks. l of the prMleges and immunities Brett
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
perl'brming their respective functions under this Agmement within the territorial limits
of the County shall apply to the same degree and extent to the perfbrmance of such
functions and duties of such ofticers, agents, volunteers, or employees the
to vial limits of the County.
18. MONDIWRIMMATION. The. County and Legal Services of time Morlda cv
agree that there will be no discrimination against any person, and It is expressly
undersbDod that upon a determination by a court of competent jurLsAcdon that E
discrimfnation has occurred, this Agreement automaticaDy terminates without any
further action on the part of any part, effbctive 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 liar to; 1) Title VI of the Civil Rights Act of 19 (PL. -352)
which prohibits d1scrimirtation on the basis of race, color or national origin,; 2) Title IX
of the Education Amendment of 1922, as amend (20 USC ss. 1681-1683, and
1685-1 ), which prohibits discrimination on the basis of 3) Section 504 of the
Rehabilitation Act of 1973, as a (20 U5C s. ), which prohibits
discrimination on the basisof handicaps; 4) The Age Malminatlon Act of 1975, as
amended (42 115C ss. 6101- 6 02) 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 ore on the basis of drug abuse; 6) The Comprehensive
Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1920
(PL 91- 16),as amended, relating to nondiscrimination on the basis of alcohol abuse
or alcoholism; 2)The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. E
690dd-3 and 2 0 3), as amended, relating to confidentiality of alcohol and drug
Packet Pg.450
abuse patent records; 8)Tide VM of the Civil Rights Act of 1968 (42 USC s. et seq.),
-as amended, relating to nondiscrimination In the sale, re or financing of housing; E
.2
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. V1, prohibiting discrimination on the bases of
race, color, sex, religion, disability, national origin, ancestr-y, sexual orientation,
gender Identfty or expression, familial Status or age; and 11) Any other
4-
nondiscriminatiorap isions In any Federal Or state Statutes which may :apply to the 0
parties to, or the subject matter of,this Agreement. 0U)
11. ENTIRE AGRUMENT. This agreement cormUtutes the entire agreement
of the parties hereto with respect to the sub matter hereof and suppensedes any (n
and all prior agreements with respect to such subject matter between Legal SeNces '@
of the Flo rlds Keys and the County.
12. GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES.
This Agreement shall be governed by and construed In a=rdance with the laws of E
'a
the State of Florida applicable to conbwfts made and to be peffbrmed entirely In the
Stall)—P
E
(0) Venue� In the event that any cause of action or administrative
proceeding Is fnsdbftd for the enforcement or Interpretation of this AgreemeM the
0
County and Legal Services of the Horlda Keys agree that venue will Ile In the
appropriate court or before the appropriate administrative body In Monroe County, (n
Florida.
(b) Nagathm. The County and tnal Services of the Florida Keys agree that,
In the event of conflicting Interpretations of the terms or a term of this Agreement by
or between any of them tie Issue shall be submilted to mediation prior to the C14
Institution of any other administrative or legal proceeding.
E
Cal Serverab:Hft. If any term, covenant, condition or Provision of this
Agreement (or the application thereof to any c1rcumstance or person) shall be
declared Invalid or unenlbrcnable to any extent by a court of compebant jurisdiction, E
the remaining terms, covenants, conditions and provisions of this Agreement, shall
not be affected thereby; and each remaining term, covenant, condition and provision W
of this Agreement shall be valid and shall beenforceable to the fulhest extent
permitted by law unless the enforcement of the remaining terms, covenants,
conditions and provisions of this Agreement would prevent the accomplishment of the
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 avalld provision W
that comes as dose as possible to the ftent of the stricken provision. M
U
W
(d) AttornWa Fem and C&StL The County and Legal Services of the X
Florida " agree that In the event any cause of action or administrative proceeding W
4j is Initiated or defended by any party relative to the enforcement or Interpretation of
this Agreernent, the prevailing party shall be entitled Im masonable attorney's haes,
E
court costs, Investigative, and out-of-pocicet,.expenses, as an award against the non-
4
Packet Pg.451
C.12.a
prevailing part', and shall Include attorney'attorney's fees, courts cmm, investigative, and out-
o et expenses In appellate pmceedings. MedlaWn proceedings Initiated and
conducted pursuant to this Agreement shall be In accordance the Florida Rules of
Civil Procedure and usual and customary procedures required by the circult court of
Monroe County.
( ) AdjudicatkxT of DISputax or Msagreemenft. County and Legal
Services 4-
Services of the Florida Keys agree t all disputes and disagreements shall be
attempted to be resolvedby meet and confer sesslons between representatives iv 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 discussed at a public meeting of �
the Board of County Carnmissioners. If the issue or issue are still not resolved to the (a
satisfaction of the parties, then any party shall have the rkffit to seek such relief or @
remedy as may be p ided by this Agreement or by Florida lamp, �
(f) Couperstlon. In the event any administrative or legal proceeding is
IrmbWted against either party relating to the formaUun, execution, perfbrmance, or
breach of this Agreement, County and Legal Servicw, of the Florida lays 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 m
or provilsion 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 pnxeedings related to this Agreement �
. ETHICS CIAUSE: Legal Services of the Florida Keys warrant they .�
have not employed, retained or otherwise e had act on his behalf any former County
officer or employee in violation of Section 2 or Ordinance No. 10-1 or any County
officer or employee In violation of Section 3 of Ordinance No. 10-1990.. For breach h or
violation of the provision the County may, at Its discretion terminate this agreement `14
without liability and may also, at its discretion, deduct from the agreement or �
purchaseprice, or otherwise recover, the full amount of any fee, commission,
percentage, gift, or consIderatlon paid to the fbrmer or present County officer or
employee.The County and Legal Services of the Florida Keys warrant that, In respect �
to lts4 It has neither employed nor retained any company or person, other than a
bona tide employee working solely for it,to i or secure this Agreement and that it
has not said or agreed to pay any person, mpar* corporation, incilvidual, or firm,
other than a bona fide employee working solely for it, any fee, commission,
percentage, gift, or odw considerationcontingent upon or resulting from the award
or maidng of this AgreemenL For the breach or violation of the provision, Legal (n
Servicesof the Florida Keys agree the County shall have the right to terminate
this Agreement without flablilty and, at Its discretion, W offset from monies owed, or
otherwise recover, the full amount of such fee, commission, percentage, gift, or
consideration.
(a) Covenant of No IntereaL County and Legal Services of the Flow
Keys covenant that neither pnesently has any Interest, and shall not acquire any �
Interest, ich would conflict In airy manner or degree with Its performance under this
0
Packet Pg.452
C.12.a
Agreement, and that only interest of eacli is to perfbrTnand receive beneft
d E
In this Agreement.ent. 2
b - County agrees that officers and employees of they
County recognize and will be required ply with the standards of conduct for �
public officers and emPloYees as delineated In Section 112.313, Florida Statutes,
regarding, but limited to, solicitation or n of g $ doing business with
one's agency; unauthorized compensation; misuse of o7
Public position, riFllcting U)
employment or contractual relationship: and disclosure or use of mrtair, information. 0
14. PUEUC ENTM CRIME STATEMENT. A person or aftlilate who has
been placed on the corwicted vendor I-t foilcawu nq a conviction fur public entity clime
may not submit a bid can 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 aw 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 Servkvs of �
the Florida Keys, supplier, or consultant under an agreement Yft any public enft
and may not transact business with any public entity in exicess of the threshold
amount provided in Section 287.01.7, for CATEGORYTWO fora E
period of 35, months
from the date of being placed on the convicted vendor list.
Is. AUTHORM. Legal Services of the Florida Keys warrant that it is
authorized by law to engage In the performance of the activities encompassed by the �
projlect herein described, Each of the signatories for Legai Services of'the Florida Keys (n
below certffies 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 to charter (if a corporation); they are empowered toa 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 oUw appropriate aut°toartty.
f.3
as
S
Packet Pg.453
is. NOTICE. Any written notice to be given to ether party under this E
agreement or related hereto shall be addressed and delivered as follows.
For,Legal Services of Greater Miami dba Legal Services of the Morida Keys,
March K. open
Executive Director 4-
3000 Biscayne B4vd. Suite 500 0
U)
Miami, R. 33137 2 0
.
For Monroe County,
Suzanne Hutton and Roman Gasted
County Aftmey County Administrator
P-0. Box 1026 1100 Simonton Steet
Key West, M. 33041-1026 Key West, Fl. 331340
E
17. CLAIMS FOR FEDERAL OR TRIM AID. Legal Servk:e-s of the
Horlda Keys and County agree that each shall be, and ts, empowered to appfy fbr. E
seek, and obtain federal and to funds to further the purpose of this Agreement;
provided that all applicabons, requests, grant proposals, and funding sollcitattons shall
be approved by each party prior to submission, ca
0
®
NON-DELEGATION OF CONSTITUTIOKAL OR STATUTORY DUTMS. (n
11his Agreement Is not intended to, nor shall it be construed as, relieving any
participating entity from any obt1gation 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 C14
or responsibility. Further, this Agreement is not Intended to, nor shall it be construed
as, authorizing the delegation of the constitutional or,stawtory duties of the County,
except to the extent penrifted by the Florida constitution,state statute,and case law. E
19. NON-RELL4NCE BY E NON-PARTIES. No person or entity shall be
entitled to rely upon the terms, or any of them, of this Agreement to enforce or <
attempt to enforce any third-party calm or entl0ernent to or benefit of any service or a
W
program contemplated hereunder, and the County and Legal Services of The fl-orida (L
Keys agree that neither the County nor Legal Services of the Florida Keys or any
agent, officer, or employee of either shall have the authOrfty to Infiorm, counsel, or
otherwise Indicate that any particular tndrvidual or group of Individuals, entity or
entities, have enliden-wents or benefits under d% Agreement separate and apart, W
Inferior to, or superior to the community In general or for the purposes contemplated
In this Agreement.
W
X
20. ATTE11TATIONS. Legal Services of the Florida Keys agree to execute W
such documents as the County may rewwa* require, to Include a Public Entity
CTlme Statement, an Ethics Stabernent,and a Drug-Free Workplace Statement.
E
7
Packet Pg.454
21. NO PERSONAL LIMLITY. No, covenant or agreement contained E
herein shall be deemed to be a covenant or agreement of any rnernbeq, office; agent
or employee of Monroe County in his or her Individual capacity, and no member,
office; agent or employee of Monroe County shall be liable personally on this
Agreement or be subject to any personal liability or accountability by reason of the
execution of this Agreement.
4-
0
U)
22. EXECUTION IN COUN"MIRPART& This Agreement may be executed In 0
any number of counbarparts, each of which shall be re-prded as an original, all of
which taken together shall constitute one and the sarne frisnment and any of the
pardes hereto may execute this Agreement by singing any such munterpart.
23. SECTION ® 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
E
Interpretabon of any provision of this Agreement.
IN INITHESS VMEREOF, the parties henft have caused this agreement to E
be exacuted the day and year first above wrft err.
,
(SEAL) BOARD OF COUNTY COMMMSIONS�S 0
ATrEST. DANNY L. KOLHAGE,CLERK OF MONROE COUNW,FLORIDA
By:IL
D"ty Ckwk C h=n
C14
E
I;OZ COUNTY ATT EY 'a
LEGAL SERVICES OF GREATER r-
P VED AS MIAMI,INC. DBA LEGAL SERVICES 0
E
UZA N HLrrTON OF THE FLORIDA KEYS
W
By a.
Marcia�K. n, ArOtredor
(n
a
W
W
x
rn W
a)
E
r;1
Packet Pg.455
Sec. 1D-26.-Additional court costs in criminal cases.
(a) Pursuant bmF£ § S39.185. on additional court cost of$GG.O0 shall be imposed by the court when a
person pleads guilty or nolo contenclere to, or is found guilty of, any felony, misdemeanor, or criminal
traffic offense under state laws.
(b) Funds received from this additional court cost shall be distributed omfollows:
(1) Twenty-five percent of the amount collected shall be allocated to supplement state funding for
the elements of the state courts system in the county as identified in F.S. § 29.004. and county �
funding for local requirements underF.S. §29.008(2)(a)o; =
(2) Twenty-five percent shall be allocated to fund legal aid programs in the county consistent with 2
F.S. §29.008(3)(a);
(3) Twenty-five pmn:erd oheU be allocated to fund personnel and legal materials for the public as
part of law libraries, whether as separate libraries or as part of the county public library system; �
and
�
(4) Twenty-five percent shall be allocated to fund juvenile alternative programs in Monroe County
ao determined by the board of county commissioners.
(c) The court shall order payment of these additional court costs in all matters subject to this section, �
but may defer payment if the person against whom the cost is imposed is indigent.
(d) At the end of each county fiscal year during which such additional court costs are coUeotod, any
surplus is required to be reallocated and transferred for use tofund innovations to supplement
funding for the state court system in the county under subsection (a)(1)of this section.
(Code 1979, 8 2-632; Ord.No. 010-2004" 8 2; Ord.No. 047-2007" 8 2)
CD
Packet Pg.456
Statutes & Constitution :View Statutes : Online Sunshine Page I o
Select Year: 120
The 2014 Florida Statutes
E
Title ha2ter 29 View Entire ChaDter T
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
4-
communications services, existing radio systems, existing multiagency criminal justice 0
U)
information systems, and the cost of construction or lease, maintenance, utilities, and 0
.2
security of facilities for the circuit and county courts, public defenders' offices, state
attorneys' offices, guardian ad litem offices, and the offices of the clerks of the circuit and (n
county courts performing court-related functions. For purposes of this section, the term
circuit and county courts" includes the offices and staffing of the guardian ad litem
programs, and the term "public defenders' offices" includes the offices of criminal conflict and
E
civil regional counsel. The county designated under s. 35.05(1) as the headquarters for each
appellate district shall fund these costs for the appellate division of the public defender's E
office in that county. For purposes of implementing these requirements, the term:
(a) "Facility" means reasonable and necessary buildings and office space and appurtenant 0
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 U)
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 term also includes access to parking for
.2
such facilities in connection with such court-related functions that may be available free or U_
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 00
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 E
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 litem, 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,
Packet Pg.457
file:///P:/KATIIY%2OJune%202018/CAY%20AGENDA%201TEMS%202014/SeDt%2017/...
Statutes & Constitution :View Statutes : Online Sunshine Page 2 o
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).
(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 E
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 4-
0
accommodate functions for the circuit and county courts, the public defenders' offices, and U)
state attorneys' offices and for performing the court-related functions of the offices of the
clerks of the circuit and county court and for maintaining the facilities in a condition (n
appropriate and safe for the use intended. '@
(d) "Utilities" means all electricity services for light, 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 E
fees associated with these services and systems, and any costs or fees associated with the
E
mitigation of environmental impacts directly related to the facility.
(e) "Security" includes but is not limited to, all reasonable and necessary costs of services
0
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 (n
visiting or working in a facility; to provide for security of the facility, including protection of U)
property owned by the county or the state; and for security of prisoners brought to any
facility. This includes bailiffs while providing courtroom and other security for each judge and (n
other quasi-judicial officers.
(f) "Communications services" are defined as any reasonable and necessary transmission, U_
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
00
includes all facilities and equipment owned, leased, or used by judges, clerks, public
defenders, state attorneys, guardians ad litem, criminal conflict and civil regional counsel,
and all 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:
E
1. Telephone system infrastructure, including computer lines, telephone switching
equipment, and maintenance, and facsimile equipment, wireless communications, cellular
telephones, pagers, and video teleconferencing equipment and line charges. Each county
shall 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,
Packet Pg.458
file:///P:/KATI-IY%20June%202018/CAY%20AGENDA%201TEMS%202014/SeDt%2017/... 57-3/2-019
Statutes & Constitution :View Statutes : Online Sunshine Page 3 o
county courts, state attorneys, public defenders, guardians ad litem, and criminal conflict and
civil regional counsel; training, supplies, and line charges 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 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 4-
0
stored in integrated case management systems over secure networks. Once the integrated U)
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 a. 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 E
to, sign language interpretation services required under the federal Americans with
E
Disabilities Act other than services required to satisfy due-process requirements and <
identified as a state funding responsibility pursuant to ss. 29.004, 29.005, 29.006, and 29.007
0
real-time transcription services for individuals who are hearing impaired, and assistive
listening devices and the equipment necessary to implement such accommodations. (n
U)
(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 (n
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 U_
enhancements made thereafter, the maintenance of those systems, and the personnel and
supplies necessary for operation. C
00
Q
(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.
243.045, 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
E
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 litem offices,
and the offices of the clerks of the circuit and county courts performing court-related
functions.
Packet Pg.459
file:///P:/KA,rHY%20June%202018/CAY%20AGENDA%20ITEMS%202014/SeDt%201?/... 57.372-My
Statutes & Constitution :View Statutes : Online Sunshine Page 4 o
(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: E
M
a. The county has enacted an ordinance, adopted a local program, or funded activities
with a financial or operational impact on 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 4-
0
programs, special prosecution needs, specialized defense needs, or the commitment of U)
resources to the court's jurisdiction. it
ait
(b) Factors and circumstances resulting in the establishment of a local requirement
include, but are not limited to:
1® Geographic factors;
2. Demographic factors;
3. Labor market forces; E
4. The number and location of court facilities; or
E
5. The volume, severity, complexity, or mix of court cases.
(c) Local requirements under subparagraph (a)2. must be determined by the following
0
method:
1. The chief judge of the circuit, in conjunction with the state attorney, the public (n
defender, and the criminal conflict and civil regional counsel only on matters that impact U)
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 I of each year, the chief judge shall submit to the board of county U-
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
00
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
E
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.
Packet Pg.460
file:///P:/KATHY%20June%202018/CAY%20AGENDA%201TEMS%202014/Ser)t%2017/... 01-)ILUIY
Statutes & Constitution :View Statutes : Online Sunshine Page 5 o
(d) Counties may satisfy these requirements by entering into interlocal agreements for
the collective funding of these reasonable and necessary salaries, costs, and expenses.
(3) The following shall 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. 0
(b) Alternative sanctions coordinators pursuant to ss. 984.09 and 985.037.
(4)(a) The Department of Financial Services shall review county expenditure reports E
required under s. 29.0085 for the purpose of ensuring that counties fulfill the responsibilities
of this section. The department shall compare county fiscal reports to determine if
expenditures for the items specified 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 4-
0
county fiscal year 2005-2006 to county fiscal year 2004-2005. If the department finds that U)
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 (n
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 E
expenditures or actions that enable a county to attain efficiencies in providing services to the
E
court system. The Legislature may direct the Department of Revenue to withhold revenue-
sharing receipts distributed pursuant to part II of chapter 218, except for revenues used for
0
paying the principal or interest on bonds, tax anticipation certificates, or any other form of
indebtedness allowed under s. 218.25(1), (2), or (4), from any county that is not in (n
compliance with the funding obligations in this section by an amount equal to the difference U)
between the amount spent and the amount that would have been spent had the county
increased expenditures by 1.5 percent per year. (n
(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 u-
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
00
2014-2015 fiscal year. Accordingly, for the 2014-2015 fiscal year, counties shall maintain,
but are not required 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. 2004-265; s. 17, ch.
E
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.
iNote.—Section 24, ch. 2014-53, amended paragraph (4)(c)"[i]n order to implement section 7of the 2014-
2015 General Appropriations Act."
Packet Pg.461
file:///P:/KATIIY%2OJune%202018/CAY%20AGENDA%20ITEMS%202014/SeDtl,Yo2Ol7/... 61JI21UP)
Statutes& Constitution :View Statutes : Online Sunshine Page I o
Select Year:
The 2014 Florida Statutes
E
2
Title XLVII Chapter 939 View Entire ChaDter
CRIMINAL PROCEDURE AND CORRECTIONS COSTS 2
939.185 Assessment of additional court costs and surcharges.—
(1)(a) The board of county commissioners may adopt by ordinance an additional court 4-
0
cost, not to exceed $65, to be imposed by the court when a person pleads guilty or nolo U)
contenclere 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 E
the state courts system identified in s. 29.004 and county funding for local requirements
under s. 29.00 (2)(a)2® E
2. Twenty-five percent of the amount collected shall be allocated to assist counties in
0
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. U)
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(7), (n
juvenile assessment centers, and other juvenile alternative programs.
Each county receiving funds under this section shalt report the amount of funds collected pursuant to U_
this section and an itemized list of expenditures for all authorized programs and activities. The report ci
shall be submitted in a format developed by the Supreme Court to the Governor, the Chief Financial
Officer, the President of the Senate, and the Speaker of the House of Representatives on a quarterly 00
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
ors
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,
E
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. VIII 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
Packet Pg.462
file:///P:/KATHY%20June%202018/CAY%20AGENDA%201TEMS%202014/Sept'Yo2Ol7/...
Statutes & Constitution :View Statutes : Online Sunshine Page 2 o
conferred now or hereafter by general law 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 laws 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. '1"42..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. E
(c) The disbursement of costs collected under this section shall be subordinate in priority M
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
4-
to be recorded in the public records. Such record constitutes a lien against the person upon 0
U)
whom the costs are imposed and shall attach as a lien on any real property owned by such 0
.2
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
E
'a
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 E
same manner as provided by law.
(2) The court shall order a person to pay the additional court cost. If the person is 0
determined to be indigent, the clerk shall defer payment of this cost. (n
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. U)
2009-215; s. 35, ch. 2010-162.
�opyright�0199�5-2014�TheFlo�ridaLeg�islawre
U_
cli
LO
00
E
M
Packet Pg.463
file:///P:/KATHY%20Ju,ne%202018/CAY%20AGENDA%20ITEMS%202014/Set)t%2017/... D/J/ZVIY
C.12.e
r OI6-
ORDINANCEAN ORDINANCE AN COUNTY
COUNTY,COMMISSIONERS OF MONROE FLORIDA, DECLARING
EMERGENCYTHAT AN
VOTE; AMENDINGCOUNTY CODE
By ADDING A SECTION TO CHAPTER 2* N' TO BE
NUMBERED SECTION ® OR IMPOSITION OF
ADDITIONAL COURT COWS t CASES;
FOR ALLOCATION OF FUNDS RECEIVED FROM ADDITIONAL T
COSTS;COURT PROVIDINGF
/
INCLUSION COUNTY COM MODIFICATIONS
THAT MAY ARISE FROM CONSIDERATION AT PUBLIC HEARING;
PROVIDINGAND
4—
on November S, IM, to voters of Florida adopted Revision 7 to to Florida U)
0
Constitution to amend Article V of the Constitution in order to e court
funding twoughout the separate countiesof n
WHEREAS, variousded
r
provisions
Of the Florlda Sbdutes,in orderto comply with the requirements of Revision 7;mid
WHEREAS,
Legislature during the 2004 legislative session,ft
t0 the FloridaIn order to provide a more equitalAs dkbtxMw of resporwMity for funding the
0
court system,and
/4 ey
WHEREAS, 2 In C 2 2 r Lms ofFlorida;
WHEREAS, n 939.165, Florida Statutes, a[ to adopt a countr
ordinanceal court costs. not to exceed $55.00 to be imposed for certain
misdemeanor,felony.and criminal traft violationsF 4)
WHEREAS, the additional finWft M (1) finding Innovations to supplement
state funding for do elements of tto State couft System WwMed in Section 29.004, Florida ..
Statutes, and County funding for 1=9 requirementsunder SeWw 29. 2){a)2,FloridaStatutes-, E
{2} personnel and legal materials for ft public as pot of law library,, ( } providing legal aid
programs, and ( ) support of teen court program, assessment centers Juvenileand o0w juvenile
alternativeprograms,as deterrMned by the Board of County Commissioners ;and
Packet Pg.464
C.12.e
WHEREAS,tive 109181650n abwMM these additional costs requires dW the Board of CountV
Commissioners adopt an ordinance requiring these costs;and
WHEREAS, the additional Court cost may take~on July 1, 2004 provided an ordinance
has bow adopted and Is in effect on or belbre July 1,2 ;and
WHEREAS,
ft Governor signed Chapbw MJ Laws of' Florida,
T
CommissionWHEREAS,the County n until Wier July1.2004,with toIt
that the court cost would not be In place on July 1,2004, and would result In revenue that offmwisib
4-
would be avallable to be Irretrievably 109t,and 0
U)
WHEREAS,time is of to essence adopting an ordinance 0
a
WHEREAS,the Board of County Commiabners of Monroe County hereby Slide and dsdsm
ordinanceOW adopfion of this is necessary, aPPVpftW, and In the public lrdsre4t Of dbms of tills
COUNTY,community, now therefore-
BE IT ORDAINED By THE BOARD OF COUNTY COMMISSK)NERS OF MONROE
FLORIDA,Mat E
120ftl- An emergency is hersby declared and notice walved by a lbur4ifft
AWAOLL Section,2 County Code of Ordinances
1 faw as follow.
cv
i
(a) Pursuant to Section939.186. Florida ,an additional court Coe of sixt 0
Five Dollars ( )91181 be imposed by ft court when a person pleads guilty or nolo contenders,
t ,or is found guiltyof,any fWony,misdemeanor,or criminal baffIc Oftnw under Florida
) Funds recelved from this additional court cost shell follows:
1. T (2 )of it*amount collected shall be aliocated to
supplement State funding for ft elements of do State courts system in Monroe County
In Sections 29.004, FkxWa and CourdY ftRuft for local rsqtdrGmwftundw SscWn
}(a) , Florida Statutes.
Packet Pg.465
C.12.e
2. T (25 )shall be allocated to fund legal aid prqRms
in Monme County consistent3),Florida ShWes.
. T )shell be allocated to fund personnel and legal
materials for the public as part of law iMonroe
County `c Ubrary Systern. E
4. T (25 ) shall be allocated to fund tow court
programs OW Other,juvenilealternative programs in Monme Countyin
4-
of countyCommissioners.
U)
i court in all matters0
tG) °
subject to
this Ordinance, but may ddw payment if the person against whom do cost is Imposed is �s
indigent
( County fiscal
am co&Ktad, my surplus is required to be realloceted and transkored for use to fund Innovations
ripplement funding 1br the State Court system In Monroe County under paragraph{a)(1)above.
9!.
Any and all ordinances in cordlict herewith are hereby repealed to the edient of arry conflict.
It Is declared to be the Intent of the Board of County to ,
0
Florida,that if any section,subsection,sentence,clause,or provision Invalid,
Ordnanceow remainder of the shell not haft contained said section,subsection,
clause,or shall and not be afteted by such holding.
-4221" i
It is#0 intent of the Board of County Cofmnissionersprovisions is ordinance shag
become and be made part of the Monroe County Code of Ordinances and that the sections of Oft <
ordinanceor relettered.
nr&r o
Packet Pg.466
it is the ktwt of the Board of County CommMbnem tiat the plAftlom of Us ordinance may
be modifiad as a mult of consideraflons#W May arlse durhV public hearings. Such modifications
shag be lrxwporaftd into the final version of ffm ordinance adopted by tte Board and Ned by the
Clark to the Board pursuant to Section 6.
E
T
A cartified copy of this Ordinance dall be filed with the Department of State by the Clark to ft
Board vifWin ton (10)days aft adoption of this Ordinance, and this Ordinance shall take ~an
4-
July 1.2004. 0
U)
PASSED AND ADOPTED by #* Bowd of CourAy Comffdsdoners of Monme County, FW&, at a 0
repW Mae"of sW Bowd held on the IM day of June,2004.
Yea
mkwNemn
Tom —yes
mayor Pro Rice
ea
•
McCoy —lea—
Neugent
spehw JUIL— E
BOARD OF COUNTY COMMISSIONER$
OF MONROE COUNTY,FLORIDA E
Ana*J�WKY LKOLHAGE,CWrk
dB, _ 0
maywch9mler"
APPROVED AS TO LEGAL FORM
OFFICE OF THE MONROE COUNTY ATTORNEY
C14
J n�Qwnty Aftmey
ohn R.Colklmm. 0
z
rn 0
C2
gar Cc zu o
Z<-4=
v
can CZ
I Packet Pg.467