Agenda 07/28/2009 Item #17H_oer,ida Item No. 17H
July 28, 2009
Wage 1 of 6
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners adopts an Ordinance amending
Ordinance No. 2004 -43, by increasing the surcharge imposed for non- criminal traffic
infractions set forth in Chapter 318, Florida Statutes, and those offenses enumerated in
Section 318.17, Florida Statutes, from $15.00 to $30.00, in order to implement recent
legislation amending Section 318.18(13), Florida Statutes.
OBJECTIVE: That the Board of County Commissioners (Board) adopts the attached
Ordinance amending Ordinance No 2004 -43, by increasing the surcharge imposed for certain
non - criminal traffic infractions and those offenses enumerated in Section 318.17, Florida
Statutes, from $15.00 to 530.00, to be consistent with recent amendments to Section 318.18(13),
Florida Statutes, as enacted by the 2009 Florida Legislature.
CONSIDERATIONS: Article V, Section 14 of the Florida Constitution places the burden on
Counties to fund state court capital costs. To help Counties with this funding obligation, in 2004
the Legislature authorized Counties to impose a surcharge on certain non - criminal traffic
infractions and certain enumerated criminal violations. Collier County implemented this
surcharge by adopting Ordinance No. 2004 -43. The maximum surcharge has been raised this
year by the Legislature from $15 to $30. The proposed amendment incorporates this increase
into the Ordinance. Funds collected by this surcharge will be expended by the Board of County
-~ Commissioners in consultation with the Chief Judge.
FISCAL IMPACT: Estimated annual revenue from the surcharge increase is $500,000 ($1
million ni total) and is included in the FY 2010 budget as a revenue source. Although there is no
requirement to impose this surcharge, a decision to not fully implement the maximum authorized
surcharge will require substitute revenue sources.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: This proposed. Ordinance was drafted by the County Attorney
and is legally sufficient for Board action. This a regular agenda item requiring simple majority
vote. - JAK
STAFF RECOMMENDATION• That the Board of Comity Commissioners adopts the
attached Ordinance amending Ordinance No 2004 -43, by increasing the surcharge imposed for
non - criminal traffic infractions set forth in Chapter 318, Florida. Statutes, and those offenses
enumerated in Section 318.17, Florida Statutes, from S15.00 to $30.00, consistent with recent
amendments to Section 318.18(13), Florida Statutes.
PREPARED BY: Jeffrey A. Klatzkow, County Attorney
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COLLIER COUNTY
BOARD CF COUNTY COMMISSIONERS
Item Number:
17H
Item Summary:
Pecommendation that the Board of County Commissioners adopts an Ordinance amending
Ordinance No. 2004 -43 by increasing the surcharge imposed for non - criminal traffic
infractions set forth in Chapter 318_ Florida Statutes, and those offenses enumerated in
Section 318.17, Florida Statutes, from $15.00 to S30.00. order to implement recent
legislation amending Section 318.18(13), Florida Statutes.
Meeting Date:
71128,12009 9:00:00 AM
Prepared By
Jeff Klatzkow
County Attorney Date
County Attorney
County Attorney Office 712.'2009 9:01:09 AM
Approved By
Jeff Klatzkow
County Attorney Date
County Attorney
County Attorney Office 717,2009 10:48 AM
Approved By
OMB Coordinator
OMS Coordinator Date
County 3'ifianager's Office
Office of Management & Budget 711712009 12:545 PM
Approved By
Randy Greenwald
fJanagementlBudget Analyst Date
County Mlarag er's Off i e
41 �'Ib...9�FL CSr. JiFt.`i.IC.
C.ff:ce `ftlanag le ° n . t 71'1 7'20x9 4:41 PM
Approved By
Leo E. a ^chs, Jr.
Depuiy County W,,anager Date
Rnard of C_ounYk,
County PJlarsager's Office 7,`1z;l2009 12:30 PM
Commissioners
file: / /C:1AL,endaTest \Exnor-t\ 133- .Iuly %2 029_% 202009 \17. %20SI JMMARY%,20AC,FNnA\.._ 7/22/2009
ORDINANCE NO. 2009-
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AMENDING ORDINANCE NO. 2004 -43, BY INCREASING THE
SURCHARGE IMPOSED ON CERTAIN ENUMERATED
TRAFFIC VIOLATIONS AND OFFENSES FROM $15.00 TO
$30.00; PROVIDING FOR CONFLICT AND SEVERABILITll;
PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND
ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on November 3, 1998, the voters of the State of Florida adopted Revision 7
to the Florida Constitution which amended Article V of the Constitution to provide funding to
the State's court systems, which revision is set forth in Section 14 of Article V of the
Constitution of the State of Florida; and
WHEREAS, pursuant thereto, the Florida Legislature added a new Subsection (13) to
Section 318,18, Florida Statutes, to provide a supplemental funding source by allowing each
county to adopt an ordinance assessing a surcharge, not to exceed S15.00, for those non - criminal
w altit, 11111actlons set lOiL11 In Cllapte-, Jib, Florida Statutes, and certain criminal violations
enumerated in Section 318. 17, Florida Statutes; and
j> TJT:r RT'AC ;1_ ')(Inn r ,.;,,t, c- _'_ .?- T__: uG`16.utiV'e ��S�ivi�, rile Lc isia -ire anien'ed JCCtlon
318.18(13) increasing the maximum surcharge to 530.00; and
WHEREAS, the Board of County Commissioners desires to amend Section 1 of Ordinance
No. 2004 -43, to reflect the 2009 Florida Le,rnslature's amendment to Section 318.18(13), Florida
Statutes.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COLTINTY
COMMT .STONER_S OF ('C)T I TET{ C(_ tT WT y G'I CID ln n t., ..
vu, i 11U "L" al uuucU, VV ()I 3H3t n , i R are deleted.
Page I of
SECTION ONE: AMENDMENT TO SECTION I OF ORDINANCE NO. 2004 -43.
Section 1 is hereby amended to read a follows:
Section 1. Surcharge in Certain Enumerated Traffic Violations and Offenses.
(a) Pursuant to Section 318.18(13), Florida Statutes, every person who pays a fine or
civil penalty for any violation of a non - criminal traffic infraction pursuant to Chapter 318,
Florida Statutes, and every person who pleads guilty or nolo contendere or is convicted,
regardless of adjudication, of those offenses enumerated in Section 318.17, Florida Statutes, shall
be assessed a surcharge of $15.00 $30.00 (Thirty Dollars). This surcharge is in
addition to any penalties imposed for non - criminal traffic infractions pursuant to Chapter 318,
Florida Statutes, or imposed for criminal violations listed in Section 318.17, Florida Statutes.
(b) The court shall order payment of this surcharge in all matters subject to this
Ordinance. The court shall not waive this surcharge.
(c) The funds collected pursuant to this Ordinance shall he used to fund state court
facilities. Funds collected pursuant to this Ordinance shall be expended as provided by the
Board of County Commissioners in consultation with the Chief Judge.
SECTION TWO: CONFLICT AND SEVERABILITY.
In the evert this Ordinance conflicts with any other ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
Words Ti nderlined are added, Words &"ek Thfough are deleted.
Page 2 of 3
ft
SECTION THREE: INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
The provisions of this Ordinance shall become and be made a part of the Code of Laws and
Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered or
relettered to accomplish such, and the word "ordinance" may be changed to "section," "article,"
or any other appropriate word.
SECTION FOUR: EFFECTIVE DATE.
This Ordinance shall be effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this day of
ATTEST:
DWIGHT E. BROCK, CLERK
, Deputy Clerk
2009.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
B_v:
DONNA FIALA, CHAIRMAN
v,'ords Underlined are added, words `t ek l reug- are deleted.
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Agena'a ! }} O
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P as is, j .0l 5
Dai113 News 2F Friday, July 17, 2009
NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that on Tuesday, July 28,
2009, n the Boardroom, 3rd Floor, Administration
Building, Collier County Government Center, 3301
East Tamiaml Trail, Naples, Florida, the Board of
County Commissioners will consider the enactment
of a County Ordinance. The meeting will com-
mence at 9:00 A.M. The title of the proposed Ordi-
nance is as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COM
AMENDINGSORDINANCE NO. 2004 -43,N Y,INCR INCREASING
THE SURCHARGE IMPOSED ON CERTAIN ENUMERAT-
ED TRAFFIC VIOLATIONS' AND OFFENSES FROM
$15.00 TO $30.00; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING FOR INCLUSION IN THE
CODE OF LAWS AND ORDINANCES; AND PROVIDING
FOR AN EFFECTIVE DATE.
Copies of the proposed Ordinance are on file with
the Clerk to the Board and are available for inspec-
tion. All interested, .parties are invited to attend
and be heard.
NOTE: All persons wishing to speak on any agenda
item must register with the County- administrator.
prior to presentation of the agenda item to be ad.
dressed. Individual speakers will be limited to 5
minutes on any item. The selection of an individual
to speak on behalf of an organization or group is
encouraged. If recognized by the Chairman, a
spokesperson for a group or organization may be
allotted IG minutes to speak on an item.
Persons wishing to have written or graphic ma-
terials included in the Board agenda packets must
submit said material a minimum of 3 weeks prior to
the respective public hearing. In any case, written
shalerbess bmitdted to the appropriatebCounty Bstaff
a minimum of seven days prior to the public hear-
ing. All material used in presentations before the
Board will become a permanent part of the record.
Any person who decides to appeal a decision of
the Board will need a record of the proceedings
pertaining thereto and .therefore, may need to en-
sure that a verbatim record.of the proceedings is
made, which record includes the testimony and
evidence upon which the appeal is based.
If you are a person with a disability who needs any
accommodation in order to participate in this pro-
ceeding; you are entitled, at no cost to you, to the
provision of certain assistance. Please contact the
Collier County Facilities Management Department,
located at 3301 Tamiami Trail East, Building W,
Napies, Florida 34112, (239) 252.8380. Assisted Us-
tenmg devices for the hearing impaired are avail-
able in the County Commissioners' Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
DONNA FIALA, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: %Teresa Polaski, Deputy Clerk
(SEAL)
July 17. 2009 NoiAnaaR�