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Item U2 NOTICE OF INTENTION TO CONSIDER ADOPTION OF COUNTY ORDINANCE NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on Wednesday, August 21, 2002 at 3:00 PM at the Key Largo Library, Tradewinds Shopping Center, Key Largo, Monroe County, Florida, the Board of County CommissIoners of Monroe County, Florida, intends to consider the adoption of the following County ordinance: AN ORDINANCE AMENDING THE MONROE COUNTY CODE BY CREATING A NEW SECTION 11-12 FOR THE PURPOSE OF IMPLEMENTING THE DORI SLOSBERG DRIVER EDUCATION SAFETY ACT, CH 2002-20 9 98, LAWS OF FLORIDA, TO HELP FUND TRAFFIC EDUCATION PROGRAMS IN MONROE COUNTY; PROVIDING FOR SEVERABIUTY; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE; AND DIRECTING THE CLERK OF THE BOARD TO FORWARD A CERTIFIED COpy OF THIS ORDINANCE TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS AND PROVIDING AN EFFECTIVE DATE Pursuant to Section 286.0105, Florida Statutes, notice is given that if a person decides to appeal any decision made by the Board with respect to any matter considered at the hearing, he will need a record of the proceedings, and that, for such purpose, he may need to ensure that a verbatim record of the proceedIngs is made, which record includes the testimony and evidence upon which the appeal is to be based. Copies of the above-referenced ordinance are available for review at the various public libraries in Monroe County, Florida. Dated at Key West, Florida, this 22nd day of July, 2002. (SEAL) DANNY L. KOLHAGE, Clerk of the Circuit Court and ex officio Clerk of the Board of County Commissioners of Monroe County, Florida Publication dates Reporter 8/2 - 9 Keynoter 8/3 - 10 Citizen 8/4 - 11 V~ Mayor McCoy ORDINANCE NO. -2002 AN ORDINANCE AMENDING THE MONROE COUNTY CODE BY CREATING A NEW SECTION 11-12 FOR THE PURPOSE OF IMPLEMENTING THE DORI SLOSBERG DRIVER EDUCATION SAFETY ACT, CH 2002-20 !i 98, LAWS OF FLORIDA, TO HELP FUND TRAFFIC EDUCATION PROGRAMS IN MONROE COUNTY; PROVIDING FOR SEVERABIUTY; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE; AND DIRECTING THE CLERK OF THE BOARD TO FORWARD A CERTIFIED COpy OF THIS ORDINANCE TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Florida Legislature has enacted the Dori Slosberg Driver Education Safety Act, Chapter 2002-02, 9 98, Laws of Florida, which permits Counties to collect an additional three dollars $3.00 with each traffic penalty for the purpose of funding traffic education programs in public and non public schools; and WHEREAS, several citizens of Monroe County have lost their lives in traffic accidents during the last few years; and WHEREAS, the citizens of Monroe County have spoken out for the need for enhanced traffic education programs for our newest drivers; and WHEREAS, operating any motor vehicle requires skill and judgment, attributes that can be enhanced by education; and WHEREAS, a significant number of County citizens and businesses may be negatively impacted by even a minor automobile accident on U.S. l/S.R. 5 due to the unique geography of Monroe County; and WHEREAS, this Board has previously voted to encourage the Monroe County School Board and the Florida Legislature to expand and enhance driver and rider education programs as part of school curriculum, and WHEREAS, it is the combined desire of the Monroe County Board of County Commissioners and the Monroe County School Board to become partners in providing traffic education for all students in the County; and WHEREAS, it is the desire of the Monroe County Board of County Commissioners that the following amendment to the County Code be approved, adopted, and transmitted to the Department of State for approval; now therefore BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT Section 1. Section 11-12 is hereby created to read as follows: (a) Definitions: As used in this section, the term: (1) "School" shall include any school operated by the Monroe County School Board, and any accredited private school located within Monroe County. (2) "School Board" shall include the Monroe County School Board and the administrative authority for any other school as that term has been defined in paragraph (1). (3) "Traffic education" shall include programs that teach students the proper methods for operating motor vehicles, motorcycles, mopeds, scooters, bicycles, and other modes of transportation as deemed appropriate by the school board. (b) There is hereby imposed a surcharge of three dollars ($3.00) for each civil traffic penalty which shall be used to fund traffic education programs in schools located in the County subject to the following provisions. (1) Upon enactment of this ordinance, there shall be created a fund known as the Monroe County Traffic Education Fund. (2) All moneys raised by this subsection shall be budgeted and expended by the Board of County Commissioners by payment to, or on behalf of, schools located in the County. The budgeting and expenditure of said funds is declared to be a proper public and County purpose in and for the County. (3) The Board of County Commissioners is authorized to appropriate such additional funds, as it may deem necessary from other available sources for the purpose of establishing and maintaining traffic education programs in the county. (4) All funds raised through this subsection shall be used for direct educational expenses and shall not be used for administrative expenses. (5) All funds raised through this subsection shall be distributed pursuant to interlocal agreements or contracts entered into with the appropriate school board. Section 2. If any section, subsection, sentence, clause, item, change, or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity. Section 3. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict. Section 4. The provisions of this ordinance shall be included and incorporated in the Code of Ordinances of the county of Monroe, Florida, as an addition or amendment thereto, and shall be appropriately renumbered to conform to the uniform numbering system of the Code. Section 5. This ordinance shall be filed in the office of the Secretary of State, but shall not become effective until October 1, 2002. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting he'd on the _ day of August, 2002. Mayor McCoy Mayor Pro Tem Spehar Commissioner Nelson Commissioner Neugent Commissioner Jimenez (SEAL) Attest: DANNY L.KOLHAGE, C'erk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By By Mayor/Chairperson Deputy Clerk jdorddrivered