Item U3
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
June 16, 2004
Division:
County Attorney
AGENDA ITEM WORDING:
Public hearing for the approval of an emergency ordinance in order to
implement an amendment to the Florida Statutes which provides that the
BOCC may impose by ordinance an additional court cost of $15 on non-
criminal traffic offenses.
ITEM BACKGROUND:
Chapter 2004-265, Laws of Florida, was signed into law by the Governor on May
28, 2004, and in order to comply with the requirements imposed on the county,
this ordinance must be adopted by July 1, 2004.
PREVIOUS RELEVANT BOCC ACTION:
NjA
CONTRACT I AGREEMENT CHANGES:
NjA
STAFF RECOMMENDATIONS:
Approval.
TOTAL COST:
-0-
BUDGETED: Yes! No!
COST TO COUNTY: -0-
APPROVED BY:
County Attorney 0 OMBjPurchasing Risk Management
DIVISION DIRECTOR APPROVAL~r~of.,l~
J. R. Collins
DOCUMENTATION:
Included
To Follow
Not Required
AGENDA ITEM #
Us
ORDINANCE NO. 2004
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA,
DECLARING THAT AN EMERGENCY EXISTS AND WAIVING
NOTICE BY A FOUR-FIFTHS VOTE; AMENDING THE
MONROE COUNTY CODE BY ADDING A SECTION TO
ORDINANCE BY THE BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY AMENDING THE MONROE COUNTY
CODE BY ADDING A SECTION TO CHAPTER 2, ART. XXVI,
TO BE NUMBERED SECTION 2-604; PROVIDING FOR
IMPOSITION OF A SURCHARGE ON CERTAIN TRAFFIC
VIOLATIONS; PROVIDING FOR ALLOCATION OF FUNDS
RECEIVED FROM THE SURCHARGE TO FUND STATE COURT
FACILITIES; PROVIDING FOR REPEALER, SEVERABILITY,
INCLUSION IN THE MONROE COUNTY CODE,
MODIFICATIONS THAT MAY ARISE FROM CONSIDERATION
AT PUBLIC HEARING; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, on November 3, 1998, the voters of Florida adopted Revision 7 to the
Florida Constitution to amend Article V of the Constitution in order to address the problem of
disparate court funding throughout the separate counties of the State; and
WHEREAS, during the 2003 session of the State Legislature, the Legislature amended
various provisions of the Florida Statutes in order to comply with the requirements of Revision 7;
and
WHEREAS, during the 2004 legislative session, the Legislature enacted further
amendments to the Florida Statutes in order to provide a more equitable distribution of
responsibility for funding the court system; and
WHEREAS, these 2004 Amendments are found in Chapter 2004-265, Laws of Florida;
and
WHEREAS, Chapter 2004-265 amended Section 318.18, Florida Statutes, to provide a
supplemental funding source through imposition of a surcharge; and
WHEREAS, Section 318.18 allows each county to adopt a county ordinance assessing a
surcharge not to exceed Fifteen Dollars ($15.00) for any non-criminal traffic violation and
criminal traffic violations listed in section 318.17, Florida Statutes; and
WHEREAS, the additional funding must be used to fund State court facilities; and
WHEREAS, the legislation allowing this additional surcharge requires that the Board of
County Commissioners enact an ordinance incorporating this surcharge; and
WHEREAS, these additional funds are necessary in order for the courts in this County to
maintain their high level of service to the Monroe County community; and
WHEREAS, the surcharge may take effect on July 1, 2004 provided an ordinance has
been adopted and is in effect on or before July 1, 2004; and
WHEREAS, the Governor signed Chapter 2004-265, Laws of Florida, on May 28, 2004;
and
WHEREAS, the County Commission will not meet again until after July 1, 2004, with the
result that the surcharge would not be in place on July 1, 2004 and would result in revenue that
otherwise would be available to be irretrievably lost; and
WHEREAS, time is of the essence adopting an ordinance imposing the $15 surcharge;
and WHEREAS, the Board of County Commissioners of Monroe County hereby finds and
declares that adoption of this ordinance is necessary, appropriate, and in the public interest of
citizens of this community; now therefore:
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA that:
Section 1. An emergency is hereby declared and notice waived by a four-fifths vote.
Section 2. Section 2-604 is hereby created and shall read as follows:
Section 2-604. Surcharae in Traffic Cases.
(a) Pursuant to Section 318.18(13)(a), Florida Statutes, every person who
pays a fine or civil penalty for any violation of a non-criminal traffic infraction, as defined in
section 318.14(1), Florida Statutes and every person who pleads guilty or nolo contendere to or
is convicted, regardless of adjudication, of a criminal violation listed in section 318.17, shall be
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assessed a surcharge of Fifteen Dollars ($15.00). A non-criminal traffic infraction is defined in
Section 318.14(1), Florida Statutes.
(b) The court shall order payment of this additional court costs in all matters
subject to this Ordinance and the Clerk of Court shall add this surcharge to all payments of fines
or civil penalties for any violation of a non-criminal traffic infraction.
(c) The funds collected pursuant to this ordinance shall be used to fund state
court facilities. Funds collected pursuant to this ordinance shall be expended in accordance
with the direction of the Board of County Commissioners.
Section 3. Repealer.
Any and all ordinances in conflict herewith are hereby repealed to the extent of any
conflict.
Section 4. Severabilitv.
It is declared to be the intent of the Board of County Commissioners of Monroe County,
Florida, that if any section, subsection, sentence, clause, or provision of this Ordinance is held
invalid, the remainder of the Ordinance shall be construed as not having contained said section,
subsection, sentence, clause, or provision, and shall not be affected by such holding.
Section 5. Inclusion into the Code of Ordinances.
It is the intent of the Board of County Commissioners that the provisions of this
ordinance shall become and be made part of the Monroe County Code of Ordinances and that
the sections of this ordinance may be renumbered or relettered or appropriately numbered to
conform to the uniform numbering system of the Monroe County Code.
Section 6. Modification.
It is the intent of the Board of County Commissioners that the provisions of this
ordinance may be modified as a result of considerations that may arise during public hearings.
Such modifications shall be incorporated into the final version of the ordinance adopted by the
Board and filed by the Clerk to the Board pursuant to Section 6.
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Section 7.
Effective Date.
A certified copy of this Ordinance shall be filed with the Department of State by the Clerk
to the Board within ten (10) days after adoption of this Ordinance, and this Ordinance shall take
effect on July 1, 2004.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of said Board held on the 16th day of June, 2004.
Mayor Nelson
Mayor Pro Tem Rice
Commissioner McCoy
Commissioner Neugent
Commissioner Spehar
(SEAL)
Attest: DANNY L.KOLHAGE, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
Deputy Clerk
By
Mayor/Chairperson
APPROVED AS TO LEGAL FORM
OFFICE OF THE MONROE COUNTY ATTORNEY
BY:
JordCourt-trafflC$
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