Resolution 338-1998
Board of County Commissioners
RESOLUTION NO. 338 -1998
AN RESOLUTION APPROPRIATING $22,623 IN MONROE COUNTY FUNDS TO
FLORIDIANS FOR FAIRNESS IN COURT FUNDING POLITICAL COMMITTEE
ESTABLISHED TO EDUCATE THE ELECTORATE ABOUT A PROPOSED AMENDMENT TO
ARTICLE V OF THE STATE CONSTITUTION CONCERNING STATE FUNDING OF STATE
COURT COSTS THAT INCLUDES SOME RELIEF FOR COUNTIES IN FUNDING THE
STATE COURT SYSTEM
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Section 1. Legislative Findings: It is hereby found, determined and decl~ed:itla= :!!
z ~ (1)1
(a) In 1972, the people of this State approved an amendment to A~ JahedJorida
("")' r-- - .."
Constitution to provide for a unified State Court System to avoid a patchwo~~~CS'Y f~nced
-i' (j -0 ::0
:<("")r- :It
systems of justice. ::";-I~ N ~
r- c> .. 0
(b) The language of Article V failed to specify the State's funding res~onfibili~f 6 State
for the State Court System.
(c) Since 1972, state funding of the State Court System has not kept pace with the
tremendous demands of statewide growth and increased criminal activity.
(d) Currently, reliable estimates show that counties contribute over a half-billion dollars to the
operation of the State Court System annually. Counties expend $32 million annually to fund public
defender conflict and overload cases alone. This means that 53 percent of the total expenditures for
the State Court System are borne by county taxpayers.
(e) Counties have little control over the cost or administration of the State Court System, as
this authority is spread among the Judiciary, the Legislature and the Clerks of the Court.
(f) Under the Constitutional allocation of the power to levy taxes in Article VII of the Florida
Constitution, counties do not have access to as many revenue sources as the State Legislature. Except
for ad valorem taxes, counties cannot levy taxes except as authorized by the Legislature by general
law. In contrast, the Legislature may enact general laws levying taxes for its own expenditures. Monroe
County's market-driven property assessments are the highest in the State of Florida. Although Monroe
County has not reached the millage cap provided under State law, its high valuation levels and
relatively low income levels effectively preclude increase in ad valorem millage.
(g) The promise of fair and impartial justice is in danger as long as the State Court System
must rely upon funding which varies from county to county.
(h) The Constitutional Revision Commission has given approval to an amendment that will
alter the funding of the State Court System and relieve the counties of some of their present burden of
Funding the State Court System by shifting that burden to the State (the State Court System
Amendment) .
(i) Floridians For Fairness In State Court Funding Political Committee, hereafter Political
Committee, has been established pursuant to chapter 106, Florida Statutes for the purpose of
supporting the State Court System Amendment.
(j) The Political Committee will provide information to voters about the State Court System
Amendment and will advocate the approval of the State Court System Amendment at the General
Election.
(k) Counties have little control over the costs or the administration of the State Court System.
Monroe County's revenue sources are limited; the costs of the State Court System are rising. There is a
real fear of unequal justice throughout the State under the current funding mechanisms. The State has
the revenue sources at its option to fund the State Court System Amendment. Consequently, it is in the
best interests of the taxpayers and residents of Monroe County to revise the way the State Court System
is funded as contemplated in the State Court System Amendment. An expenditure of County funds to
encourage the adoption of the State Court System Amendment serves a public purpose.
(I) The Board of County Commissioners desires to contribute funds to the Political
Committee to support the State Court System Amendment. The County's contribution to the Political
Committee in support of the State Court System Amendment will be joined with contributions from other
counties, creating a pool of funds and synergistically increasing the chances of passage of the State
Court System Amendment.
2
Section 2.
There is hereby appropriated $22,623 from funds available in the General Fund
reserves to the Floridians For Fairness In Court Funding Political Committee. The Political Committee is
authorized to expend the Monroe County appropriated funds for the following purposes only:
a) Public Opinion Research
I) Campaign surveys/polling/tracking
b) Voter Contact
I) Direct mail campaign: design, printing, mailing & Mailing lists
c) Advertising
d) Radio campaign
I) Contracts for production
ii) Contracts for purchase of air time
e) Television campaign
I) Contracts for production
ii) Contracts for purchase of air time
f) Targeted Marketing
I) Contracts with minority consulting firms (African-American & Hispanic) for overall
strategic guidance for the planning and conduct the campaign including, but
not limited to: direct mail. advertising, radio and communications
g) General Consulting Fees
I) Political Consulting
ii) Campaign manager
iii) Deputy Campaign Manager
h) General Expenses
I) Office space rental
ii) Housing for campaign consultants
Hi) Travel expenses
iv) Telephone expenses
v) Equipment rentals (computers, fax, etc.)
vi) Printing and Postage
vii) Office supplies
I) Professional Services
I) Legal Consultation
ii) Accounting/CPA
j) Fundraising
I) Printing
ii) Mailing
Hi) Special Events
Section 3.
Within a reasonable time after the date of the general election (November 3,
1998), but no later than 90 days thereafter, the Political Committee must provide the County with
3
documentation describing the use of the County appropriated funds. The Political Committee must
reimburse the County for any funds that the Political Committee spent for purposes not listed in Section
2 of this Resolution or that were not spent or encumbered for Section 2 purposes prior to the general
election.
Section 4.
The County Attorney is directed to furnish a copy of this Resolution to the Political
Committee together with a memorandum requesting that the Political Committee acknowledge in
writing that it will comply with the terms of this Resolution. If the Political Committee responds that it will
not. or cannot. comply. then this appropriation is null and void. Failure to respond to the County
Attorney's memorandum within a reasonable time will also be considered a negative response. The
County Attorney must receive an affirmative response to his memorandum before the Clerk may
disburse funds to the Political Committee pursuant to this Resolution.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County. Florida. at a
regular meeting of said Board held on the 3 d day of September. 1998.
Mayor Jack London
//G-effi(11issioner Keith Douglass
...Gorrirrilssioner Shirley Freeman
/ .\.~~^;.'" I,aner Wilhelmina Harvey
,,'(~\:~'~nh\ni.iS. 19n. er Mary Kay Reich
.' >,-.\'- ,~~'t;-,
.; {{(("'''. ....',";.I~;
t. .,", " ~,;. ': "'-- - /" .
',,\, , ".........-;-h.::J<, i'
,~/;o.;..-::.;" , ,
.... . .......-<.....;..1.:/...,..":-; ,.., ..........'.
, ~,,~;.~;g~' ,,~,j
Attes,t;~~.';'.~ '-'(KOLHAGE. Clerk
~~
yes
yes
yes
yes
yes
BOARD OF COUNTY COMMISSIONERS
OF MON COUNTY. FLORIDA
BY~~C.~~
Deputy Clerk
jresicourtsys
APPROVED AS TO FORM
AN LEGAL SUFFICIEN
B
4