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Item O3 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: June 19.2002 Division: Monroe County Sheriffs Office Bulk Item: Yes No~ Department: Monroe County Sheriff s Office AGENDA ITEM WORDING: Discussion on a surcharge on parking tickets to fund school crossing guards. ITEM BACKGROUND: Currently, Ad Valorem taxes fund 17 school crossing guards. Florida law allows crossing guards to be funded by a surcharge on parking tickets. Surcharge revenue must be allocated between cities and unincorporated areas. PREVIOUS RELEVANT BOCC ACTION: n/a CONTRACT/AGREEMENT CHANGES: n/a STAFF RECOMMENDATIONS: TOTAL COST: BUDGETED: Yes No COST TO COUNTY: REVENUE PRODUCING: Yes No AMOUNTPERMONTH_ Year APPROVED BY: County Atty _ OMB/Purchasing _ Risk Management _ DIVISION DIRECTOR APPROVAL: ~ha ?" ,. - Richard D. Roth, Sheriff DOCUMENTATION: Included To Follow_ Not Required_ DISPOSITION: AGENDA ITEM # 0... ~ Revised 2/27/01 ~lr~riff RICHARD D. ROTH · SHERIFF OF MONROE COUNTY 5525 COLLEGE ROAD · KEY WEST, FLORIDA 33040 (305) 296-2424 · FAX (305) 292-7070 · 1-800-273-COPS June 10,2002 The Honorable Charles "Sonny" McCoy, Mayor The Honorable Dixie Spehar, Mayor Pro Tern The Honorable George Neugent The Honorable Bert Jimenez The Honorable Murray Nelson Re: A Surcharge on Parking Tickets to Fund School Crossing Guards Dear Mayor McCoy and Commissioners: As you knO\v, the Sheriff's Office provides 17 school crossing guards throughout the county. Crossing guards protect school children as they travel, whether on foot, by bicycle, a parent's automobile, or school bus. Crossing guards also improve traffic flow and road safety for every motorist passing near a school zone. Florida law gives us an alternative to funding school crossing guards. I invite each of you to consider this option with me. ~318.21(11), Florida Statutes (2002), authorizes the county to collect a surcharge on parking tickets to fund a School Crossing Guard Trust Fund. Currendy, we are budgeted for $274,158 to pay our crossing guards. This does not include cost of administration or equipment. Approximately 44,000 parking tickets are issued each year. The very great majority of these are written in the City of Key West. Key West has extensive metered parking and special parking enforcement. Revenue raised in Key West must be used in Key West. Thirteen of 17 crossing guards are stationed in Key West. For the new school year, I would like to add two new positions in Key West. -One at Gerald Adams Elementary School on College Road -One at Montessori Charter School on Varela Street Freeman Station 20950 Overseas Highway Cudjoe Key, Florida 33042 (305) 745-3184 . FAX (305) 745-3761 Marathon Station 3103 Overseas Highway Marathon, Florida 33050 (305) 289-2430 . FAX (305) 289-2497 Islamorada Station 87000 Overseas Highway Islamorada, Florida 33036 (305) 853-7021 . FAX (305) 853-9372 Spottswood Station 88770 Overseas Highway Tavernier, Florida 33070 (305) 853-3211 . FAX (305) 853-3205 The salary cost for a new position for FY2003 is approximately $14,980.00. I look forward to exploring the options with you. Naturally, the cities will join our discussion at the earliest opportunity. Sincerely, ~~.A'~ ,~ Sheriff Richard D. Roth Enclosures: 1. 2. 3. Current crossing guard assignments Report to Sheriff regarding impact of surcharge Copy ~318.21(11), Fla. State. 2002 JUN-10-2002 MON 01:30 PM SID 3052892498 MONROE COUNTY SHERIFF'S OFFICE SCHOOL CROSSING GUARD LOCATIONS 1. Grace LlItheran School (1) 2713 Flagler Avenue, Key West 305/296-8262 P. 03 2. PoinculIIa Elementary (3) 1212 Gltlnn Archer Drive, Key West, Fl 305/293-1630 , 3. Key Wn't H16h School $chool (1) 2100 Flagler Avenue, Key West, FI 305/293 ~1549 4. Ileyljoldf ~lementtuySchool (1) 1316 Reynolds Street 305/293-1605 .. ~. Itlay Sands Ekmenlary 1400 United Street, Key West, Fl 305/296-5628 Frank Spoto (1) .f. 6. Glvnn Archer ElDMntaO' (3) 1302 White Street, Key West, FI 305/293-1601 7. Horace O'Brytqrt Elementary SchtJol (2) 1105 Leon Street, Key West, Fl 305/296-5628 8. St Mary'alllUlUlCulate (1) 700 Truman Avenue, Key West, FI 305-296-2731 9. Sllpl'lD4fE~nta", (1) 255 Crane Blvd, SugarloafKey, Fl 305n45-3282 10. Stanley SwltJik Elementluy School (1) 3400 Overseas Highway, Marathon, FI 305/289-2490 11. Coral S"orq H16h School (1) 89901 Old Highway, Plantation Key, Fl 305/853-3222 12. K~ La'110 Elementary Schopl (1) 104801 Overseas Highway, Key Largo, Fl 305/453-1255 TOTAL CROSSING GUARDS -17- INTEROFFICE MEMORANDUM TO: FROM: SHERIFF RICHARD D. ROTH PATRICIA ALMEDA, DIRECTOR PLANNING AND RESEARCH 06/04/02 FINANCIAL SUPPORT FOR CROSSING GUARDS DATE: SUBJECI': ------------------------------------------------------------------ As you requested I pulled together information regarding the parking citations written in Monroe County. As per Florida State Statute 318.21(12)(a)(b) and (c) the county is allowed to create an ordinance that attaches a surcharge to parking violations to support school crossing guards. This fee can be attached to parking violations county- wide, even in the cities. Since most crossing guards do in fact work in the cities, the city governments should not oppose to this additional fee. This would become a School Crossing Guard Trost Fund administered by the county, similar to the Teen Court Program we currently have. With the information received from the City of Key West and the Monroe County Clerks Office, as well as our database the following is assumed: . An average of 43,543 parking citations were written, per year, over the past three years, within the City of Key West. . If a $3 surcharge was attached to the 43,543 citations, and all were paid, that would bring in an average of $130,629 per year. If a $5 surcharge was attached to the 43,543 citations, it would bring in an average of$217,715 per year. This if for the collection of the City violations alone. . An average of 387 parking citations were written per year, over the past three years, Countywide. Note: The overwhelming difference between the citations written in the city vs. the county is due to metered parking within the city. . If a $3 surcharge was attached to the 387 citations and all were collected, that would bring in an average of $1,161 per year. If a $5 surcharge were attached to the 387 citations, it would bring in an average of $1,935 per year. · $329,578 is needed for salaries and benefits for school crossing guards for the budget year 2002- 2003. With this surcharge in place, there is a potential to save or supplement an average of $132,000 to $220,000 per year, depending on the amount of surcharge given and citations written. · All the School Crossing Guards assigned to the City of Key West could easily be fully supported by the surcharge. (If, per se, the City wants to keep the money within Key West, then the Sheriffs Budget could support the rest.) Ch.318 DISPOSITION OF TRAFFIC INFRACTIONS amount of fines and forfeitures payable to a municipality in that county. All fines and forfeitures received by any county court as the result of citations issued under s. 316.640(2)(c)1. must be paid to the county whether or not such citations were issued for parking violations that occurred within a municipality or special improve- ment district created under s. 285.17. (9) Twelve dollars and fifty cents from each moving traffic violation must be used by the county to fund that county's participation in an intergovernmental radio communication program approved by the Department of Management Services. If the county is not participating In such a program, funds collected must be used to fund local law enforcement automation and must be distributed to the municipality or special improvement district in which the violation occurred or to the county if the violation occurred within the unincorporated area of the county. (10) The additional costs and surcharges on criminal traffic offenses provided for under ss. 938.03 and 938.04 must be collected and distributed by the clerk of the court as provided in those sections. The additional costs and surcharges must ~Iso be collected for the violation of any ordinances adopting the criminal traffic o~ense$ enumerated in s. 318.17. ) :~ 1)(8} A county or municipality may, by majority vote of the governing board of il\erespective county or municipality. impose a surcharge on parking fines for the sOh( purpose of funding School crossing guard programs; however, the govern~ ing body may set aside funds from this surcharge to pay for startup costs and recurring administrative costs related to printing new tickets or other means of implementing the program. The surcharge must be authorized by ordinance requir- ing public hearings. (b) The proceeds of this surcharge must be placed in a trust fund established by the governing body of the county or municipality called the Schoof Crossing Guard Trust Fund. Funds collected from this surcharge must be distributed quar- terfy to fund the school crossing guard programs provided in subsection (3). (c) If a county government is operating a school crossing guard program in the exercise of its municipal responsibilities, the county may, by majority vote of its governing board, impose a countywide surcharge on parking tines for the sole pur- pose of funding school crossing guard programs throughout the county; however, the governing body may set aside funds from this surcharge to pay for startup costs and recurring administrative costs related to printing new tickets or other means of Implementing the program. The surcharge must be authorized by an ordinance requiring public hearings. This surcharge, established by the governing body of the county, must be placed in a trust fund called the School Crossing Guard Trust Fund. Funds collected from this surcharge must be distributed quarterly to jurisdic- tions to fund school crossing guard programs based on each jurisdiction's percent- age of the school crossing guards In the county school district. 2Note.- A. Section 5(2), ch. 97-235, provides that 't]he amendments to section 318.21, Florida Statutes, 1996 Supplement, by this section shaD expire on June 30. 2002. and the text of section 318.21, Florida Statutes, 1996 Supplement. shall revert to that In existence on June 30, 1997, except that any amendments to such text enacted other than by this act shall be preserved and continue to operate to the extent that such amendments are not dependent upon the portions of said text which expire pursuant to the proviSions of this subsection. The Statutory Revision Division . . . shall include in an appropriate reviser's bill any amendments to said section which are necessary to give effect to the legislative intent expressed in this subsection. .. B. Section 6, ch. 97-235, amended subsection (1), which was also subse- quently amended by s. 34, 00.98-280. and paragraph (a) of subsection (2), which was also subsequently amended by s. 4. ch. 2000-139; by s. 12, ch. 2001-122; and by s. 137,00.98-403, effective July 1. 2002, to read, as amended: (1) One dollar from every civil penalty shall be paid to the Department of Chil- dren and Family Services for deposit into the Child Welfare Training Trust Fund for child welfare training purposes pursuant to s. 402.40. One dollar from every civil penalty shall be paid to the Department of Juvenile Justice for deposit into the Juvenile Justice Training Trust Fund for juvenile justice purposes pursuant to s. 985.406. (2) Of the remainder: (a) Twenty and six-tenths percent shall be remitted to the Department of Reve- nue for deposit into the General Revenue Fund of the state, except that the tirst $300,000 shall be deposited into the Grants and Donations Trust Fund in the state courts system for administrative costs, training costs, and costs associated with the implementation and maintenance of Florida foster carA ~iti7~n """;0'" ..""nol... r~ -. - - - - .~I" ., option of the county € gram, upon recommen or judges, as the case the Circuit and appro\ Supreme Court. Hlstory.-s. 2, ch. 89-337; s. 3, 318.32 Jurisdiction (1) Hearing officers pleas from and decide t son, adult or juvenile, infraction and shall bE withhold adjudication 0, county court judge undE dures presently existin~ except that hearing offi! (a) Have the power of court, but shall be pel of contempt with the apl (b) Hear a case invc or death; or (c) Hear a criminal involving a civil traffic ir with a criminal traffic off (2) This section dOE judge from exercising co traffic hearing officer. (3) Upon the reques a Notice of Appearance ( be assigned to a county to hear traffic matters. History.-s. 3. ch. 89-337; s. 1,cr 318.325 Jurisdiction infractions.-Any count~ ordinance that allows the cases involving the viole parking ordinance to a preside over civil traffic i withstanding the pro\- 775.08(3), any parking vi an infraction as defined i violation must be enforCE ance with the provisions parking violations and WI