Backup Documents 07/28/2009 Item #17H
17H 1
(i)
COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
To: Clerk to the Board: Please place the following as a:
XXX Nonnallegal Advertisement o Other:
(Display Adv., location, etc.)
***.****************.*...*..*.**.**.**********...*.****.*********.*.**...**....****.*.**.**.*.***..**.**..
Originating Dept/ Div: Facilities Management Person: Skip Camp, Director Date: 6/27/09
Petition No. (If none, give brief description): Ordinance increasing surcharge for certain traffic infractions and other offenses
Petitioner: (Name & Address): N/A
Name & Address ofany person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet)
Hearing before BCC BZA Other
Requested Hearing date: (Based on advertisement appearing 10 days before hearing.) July 28, 2009 (NOTICE TO RUN NO
LATER THAN FRIDAY, July 17,2009)
Newspaper(s) to be used: (Complete only if important):
XXX Naples Daily News o Other XXX Legally Required
Proposed Text: (Include legal description & common location & Size:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,
FLORIDA, AMENDING ORDINANCE NO. 2004-43, BY INCREASING THE SURCHARGE IMPOSED
FOR NON-CRIMINAL TRAFFIC INFRACTIONS AND THOSE OFFENSES ENUMERATED IN
SECTION 318.17, FLORIDA STATUTES, 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.
Companion petition(s), if any & proposed hearing date: N/A
Does Petition Fee include advertising cost? 0 Yes XXX No If Yes, WhijWi1~~'Y'W-~d for advertising costs:
~ . <IF()"''6~2.
_ ~ "'I ~1'1j tJ I
Division . istrator or Desi&nee Date ·
List Attachments: Proposed Ordinance
DISTRIBUTION INSTRUCTIONS
A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before
submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request
for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute
copies:
o County Manager agenda file: to o Requesting Division o Original
Clerk's Office
B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file.
.***.****.***************************.**...******..**.*.***.*********...............********.*****.*****..*
FOR CLERK'S OFFICE USECIL y. /J 1~~)M. '1:jul Of!
Date Received: 2l:f 0-9 Date of Public hearing: Date Advertised: T
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17H 11Jt
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 SEVERABILITY;
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 3l8.18, Florida Statutes, to provide a supplemental funding source by allowing each
county to adopt an ordinance assessing a surcharge, not to exceed $15.00, for those non-criminal
traffic infractions set forth in Chapter 318, Florida Statutes, and certain criminal violations
enumerated in Section 318.17, Florida Statutes; and
WHEREAS, during its 2009 Legislative Session, the Legislature amended Section
318.l8(13) increasing the maximum surcharge to $30.00; and
WHEREAS, the Board of County Commissioners desires to amend Section 1 of Ordinance
No. 2004-43, to reflect the 2009 Florida Legislature's amendment to Section 318.18(13), Florida
Statutes.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
Words Underlined are added; Words StnJ.ek Through are deleted.
Page I of3
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SECTION ONE: AMENDMENT TO SECTION 1 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, ofthose offenses enumerated in Section 3l8.l7, Florida Statutes, shall
be assessed a surcharge of$15.00 (Fifteen Dollars) $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 be 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 event 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 Underlined are added; Words 8tmek Through are deleted.
Page 2 of3
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17H i~
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 DUL Y ADOPTED by the Board of County Commissioners of Collier
County, Florida, this _day of ,2009.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
By: By:
, Deputy Clerk DONNA FIALA, CHAIRMAN
Approved as to form
and legal sufficiency:
Jeffrey A. Klatzkow
County Attorney
Words Underlined are added; Words Struck Through are deleted.
Page 3 of3
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17H t
Teresa L. Polaski
From: brock_m [MaryBrock@colliergov.net]
Sent: Monday, June 29,200910:13 AM
To: Minutes and Records; NeetVirginia
Subject: FW: Ordinance SB 2108 - surcharge.doc PO 4500107999 for Legal Add
Attachments: Ordinance SB 2108 - surcharge.doc
Please see attached RE: legal ad I sent earlier Thanks, MJ
From: erickson_becky
Sent: Monday, June 29, 2009 10:09 AM
To: brock_m
Subject: Ordinance S8 2108 - surcharge.doc PO 4500107999 for Legal Add
<<Ordinance SB 2108 - surcharge.doc>>
Mary Jo,
This is the corrected ordinance, please discard the one I just delivered to you. Thanks
Becky Erickson
1
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ACCT #068782
June 29, 2009
Attn: Legals
Naples Daily News
1075 Central Avenue
Naples, Florida 34102
RE: Ordinance Amending Collier County Ordinance No. 2004-43
Dear Legals:
Please advertise the above referenced notice on Friday, July 17, 2009, and kindly
send the Affidavit of Publication, in duplicate, together with charges involved, to
this office.
Thank you.
Sincerely,
Teresa Polaski,
Deputy Clerk
P.O. #4500107999
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NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that on Tuesday, July 28, 2009, in the
Boardroom, 3rd Floor, Administration Building, Collier County
Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board
of County Commissioners will consider the enactment of a County
Ordinance. The meeting will commence at 9:00 A.M. The title of the
proposed Ordinance is as follows:
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 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 inspection. 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 addressed. 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 10 minutes to
speak on an item.
Persons wishing to have written or graphic materials 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
materials intended to be considered by the Board shall be submitted to
the appropriate County staff a minimum of seven days prior to the
public hearing. 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 ensure 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 proceeding; 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, Naples, Florida 34112, (239) 252-8380.
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Assisted listening devices for the hearing impaired are available 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)
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17H . t;.tIl
Teresa L. Polaski
To: legals@naplesnews.com
Subject: Amending Ordinance 2004-43
Legals,
Please advertise the following on Friday, July 17,2009. Thanks
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Amending AMEND ORD
iinance 2004-43.d< 2004-43.doc
Teresa L. Polaski, BAAR Clerk III
Clerk to the Board of County Commissioners
Minutes and Records Department
239-252-8411
239-252-8408 fax
(T eresa.Po laski@collierelerk.eom)
1
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17H r '~
Teresa L. Polaski
From: postmaster@collierclerk.com
Sent: Monday, June 29, 2009 12:22 PM
To: Teresa L. Polaski
Subject: Delivery Status Notification (Relay)
Attachments: ATT368645.txt; Amending Ordinance 2004-43
This is an automatically generated Delivery Status Notification.
Your message has been successfully relayed to the following recipients, but the requested
delivery status notifications may not be generated by the destination.
legals~naplesnews.com
1
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17" Jr-'~
Teresa L. Polaski
From: Pagan, Emely [EPagan@Naplesnews.com]
Sent: Monday, June 29, 2009 12:34 PM
To: Teresa L. Polaski
Subject: RE: Amending Ordinance 2004-43
ok
From: Teresa L. Polaski [mailto:Teresa.Polaski@collierclerk.com]
Posted At: Monday, June 29, 2009 12:22 PM
Posted To: Legals - NDN
Conversation: Amending Ordinance 2004-43
Subject: Amending Ordinance 2004-43
Legals,
Please advertise the following on Friday, July 17, 2009. Thanks
<<Amending Ordinance 2004-43.doc>> <<AMEND ORD 2004-43.doc>>
Teresa L. Polaski, BMR Clerk III
Clerk to the Board of County Commissioners
Minutes and Records Department
239-252-8411
239-252-8408 fax
(T eresa.Po laski@collierclerk.com)
Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public
records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing.
1
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17H t t<'
Teresa L. Polaski
From: Pagan, Emely [EPagan@Naplesnews.com]
Sent: Monday, June 29, 2009 1 :04 PM
To: Teresa L. Polaski
Subject: Ad Confirmation
Attachments: UASCC1.jpg
Hi Terese. This is missing the meeting date, please advise.
Thank you for placing your ad.
Date 06/29/09
Publication NDN
Account Number 744105
Ad Number 1806169
Total Ad Cost $405.86
Emely
1
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NOTICE OF INTENT TO CONSIDER ORDINANCE 1 7,., 1" ""
Notice Is hereby .glven that on .. .' .. I
in the Boardroom. 3rd Floot" Admini~trCltion Build-
Ing. ColHer County Government Center. 3301 East
Tamiami Trail. Naples. Florida. the Board ofCOLlnty
CommissIoners will c.onsJder the enactment of a
County Ord'lnam:;e. The meef,ng will commence at
9:00 A.M, The title of the proposed OrdInance Is as
follows:
AN ORDINANCE OF THE BO.ARD OF COUNTY COM-
MISSIONERS OF COLLIER COUNTY. FLORIDA..
AMENDI NG ORDINANCE NO. 2004.43. BY INCREASING
THE SURCHARGE IMPOSED FOR NON-CRIMINAL
TRAFFIC .INFRACTIONS AND THOSE OFFENSES ENU-
MERATED IN SECTION 318.17, FLORIDA STATUTES,
FROM $15.00 TO $30.00: PROVIDING FORCONFLlC;T
AND SEVERABILITY; PROVIDING FOR INCLUSION IN
THE CODE OF lAWS AND ORDINANCES: AND PRO-
VIDING FOR AN EFFECTIVE DArE.
Copies of the pr'Qposcd Ordinance arc on file with
the CI erk to the Board and are avai lable for inspe.c-
tion. All interested parties are invited to attend
and be heard.
NOTE: All persons wishIng to speak on any agenda
ltem must register with tile County administrator
prior to presentgtionof the agenda item to bead-
dressed. Indlvidllal s~eakers wlll be limited to 5
minutes onanyltem. he selection of an individual
to speak on behalf of. an oraanization or group IS
encouraged. I f recognize. by the Chairman. a
Sfiokesperson for a grol,lp 01" organization may be
a lotted 10 minutes to speak on an item.
Pe~son.s wishing to have written or graphiC ma-
tenals me luded In the Board agenda packets must
submit said materialaminimum of 3 weeks priorto
the respectlve public hearing, In any case. written
mater'lals inter'\ded to be considere, be the Board
shall be submitted to the appropriate ..ounty staff
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
macle, which recol'd lncludes the testimony and
evidence upon which the appeallsbased.
If you are a person with a disabilitywl10 needs
any accommodation in order to participate In this
proceeding; YOll are entitled~ at no cost to you\ to
the prov'lsion of cel.talnassi5tance~ Please contact
the Collier countl Facilities Management oercart.
ment. located at . 301 Tamiaml Trail East. Bui dln~
W. Naples. Florida 34112. (239) 252-8380. Assiste
listenll1fj, devices for the hearing impaired are avail-
able in t e County Commlssionersi Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY. FLORIDA
DONNA FIALA. CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Ann Jennejohn. Deputy Clerk
Ju Iy 17, 2009 NOlS06169
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17" " 'f
Teresa L. Polaski
From: Teresa L. Polaski
Sent: Tuesday, June 30,200912:18 PM
To: 'Iegals@naplesnews.com'
Cc: 'NeetVirginia'
Subject: Amending Ord. 2004-43
Legals,
Please KILL the following ad that was placed with you yesterday on 6/29/09. It was to run Friday, July 17, 2009.
Ad #1806169
I will be sending a revised ad once it is finished being processed. Call if any questions, Thanks
Teresa L. Polaski, BMR Clerk III
Clerk to the Board of County Commissioners
Minutes and Records Department
239-252-8411
239-252-8408 fax
(T eresa.Polaski@collierclerk.com)
1
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17H I'"
Teresa L. Polaski
From: postmaster@collierclerk.com
Sent: Tuesday, June 30,2009 12:18 PM
To: Teresa L. Polaski
Subject: Delivery Status Notification (Relay)
Attachments: ATT376836.txt; Amending Ord. 2004-43
This is an automatically generated Delivery Status Notification.
Your message has been successfully relayed to the following recipients, but the requested
delivery status notifications may not be generated by the destination.
legals~naDlesnews.com
1
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17H ~,
Teresa L. Polaski
From: Pagan, Emely [EPagan@Naplesnews.com]
Sent: Tuesday, June 30, 2009 12:25 PM
To: Teresa L. Polaski
Subject: Ad Confirmation
Attachments: UAS1141.jpg
KILLED,
Em
Thank you for placing your ad.
Date 136/313/09
Publication NDN
Account Number 744105
Ad Number 1806169
Total Ad Cost $0.00
1
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17H ~ .:,..
Teresa L. Polaski
From: NeetVirginia [VirginiaNeet@colliergov.net]
Sent: Tuesday, June 30, 200912:12 PM
To: Teresa L. Polaski
Cc: erickson _ becky
Subject: RE: Surcharge Ad
Teresa:
I was afraid of this. Below is the correct title.
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 SEVERABILITY; PROVIDING FOR
INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING
FOR AN EFFECTIVE DATE.
Sorry for the confusion. Can you please revise the ad and confirm same with our office.
Thanks
Dinny
---------------------------------------------------------------------------------------
---------------------------------------------------------------------------------------
Virginia A. Neet, Legal Assistant
Office of the Collier County Attorney
Telephone (239) 252-8066 - Fax (239) 252-6600
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From: Teresa L. Polaski [mailto:Teresa.Polaski@collierclerk.com]
Sent: Tuesday, June 30, 2009 12:06 PM
To: NeetVirginia
Subject: Surcharge Ad
Hi Denny,
That was sent yesterday and already forwarded to NON for advertising. What needs to be changed? Maryjo
did send a revised ordinance after she sent the original. Here is the copy sent to NON.
<<AMEND ORD 2004-43.doc>>
Teresa L. Polaski, BMR Clerk III
Clerk to the Board of County Commissioners
1
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Minutes and Records Department 17H ' ~
,
239-252-8411
239-252-8408 fax
(T eresa.Po laski@collierclerk.com)
Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public
records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing.
2
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17,., ~
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 SEVERABILITY;
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 $15.00, for those non-criminal
traffic infractions set forth in Chapter 318, Florida Statutes, and certain criminal violations
enumerated in Section 318.17, Florida Statutes; and
WHEREAS, during its 2009 Legislative Session, the Legislature amended Section
318.18(13) increasing the maximum surcharge to $30.00; and
WHEREAS, the Board of County Commissioners desires to amend Section I of Ordinance
No. 2004-43, to reflect the 2009 Florida Legislature's amendment to Section 318.18(13), Florida
Statutes.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
Words Underlined are added; Words Sauck Thraogh are deleted.
Page 10f3
_.,,_...._". ,...._'"."'M~~._."_ ._- - -.. . '. --,"""'""""--.........--......-
17 H ~II
SECTION ONE: AMENDMENT TO SECTION 1 OF ORDINANCE NO. 2004-43.
Section 1 is hereby amended to read a follows:
Section 1. Surcharge in Certain Euumerated 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 (Fifteen Dollars) $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 be 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 event this Ordinance conflicts with any other ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any phrase or portion ofthe 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 Underlined are added; Words Struck Through are deleted.
Page 2 of3
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17H ~.~
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 ,2009.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
By: By:
, Deputy Clerk DONNA FIALA, CHAIRMAN
Words Underlined are added; Words Strnek Throl:1gh are deleted.
Page 3 of3
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17" .It
I
NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that on Tuesday, July 28, 2009, in the
Boardroom, 3rd Floor, Administration Building, Collier County
Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board
of County Commissioners will consider the enactment of a County
Ordinance. The meeting will commence at 9:00 A.M. The title of the
proposed Ordinance is as follows:
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 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 inspection. 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 addressed. 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 10 minutes to
speak on an item.
Persons wishing to have written or graphic materials 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
materials intended to be considered by the Board shall be submitted to
the appropriate County staff a minimum of seven days prior to the
public hearing. 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 ensure 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 proceeding; 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, Naples, Florida 34112, (239) 252-8380.
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17H
Assisted listening devices for the hearing impaired are available 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)
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Teresa L. Polaski 17H
To: legals@naplesnews.com
Subject: Amending Ord. 2004-43 (revised)
Legals,
Please advertise the following on Friday, July 17, 2009. Thanks
~
.,....
Amending Amending Ord.
~inance 2004-43.dc 2004-43.doc
Teresa L. Polaski, BMR Clerk III
Clerk to the Board or County Commissioners
Minutes and Records )epGrtment
239-252-8411
239-252-8408 fax
(T eresa.Polaski@co II i(~r:c I erk.com)
1
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17H ~
Teresa L. Polaski
From: postmaster@collierclerk.com
Sent: Wednesday, July 01,20099:07 AM
To: Teresa L. Polaski
Subject: Delivery Status Notification (Relay)
Attachments: ATT387938.txt; Amending Ord. 2004-43 (revised)
This is an automatically generated Delivery Status Notification.
Your message has been successfully relayed to the following recipients) but the requested
delivery status notifications may not be generated by the destination.
legalsjnaplesnews.com
1
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17H
Teresa L. Polaski
From: Pagan, Emely [EPagan@Naplesnews.com]
Sent: Wednesday, July 01,200910:33 AM
To: Teresa L. Polaski
Subject: RE: Amending Ord. 2004-43 (revised)
ok
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From: Teresa L. Polaski [mailto:Teresa.Polaski@collierclerk.com]
Posted At: Wednesday, July 01, 2009 9:07 AM
Posted To: Legals - NDN
Conversation: Amending Ord. 2004-43 (revised)
Subject: Amending Ord. 2004-43 (revised)
Legals,
Please advertise the following on Friday, July 17, 2009. Thanks
<<Amending Ordinance 2004-43.doc>> <<Amending Ord. 2004-43.doc>>
Teresa L. Polaski, BMR Clerk III
Clerk to the Board of County Commissioners
Minutes and Records Department
239-252-8411
239-252-8408 fax
(T eresa.Po laski@collierclerk.com)
Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public
records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing.
1
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17H
Teresa L. Polaski
From: Pagan, Emely [EPagan@Naplesnews.com]
Sent: Wednesday, July 01,200912:27 PM
To: Teresa L. Polaski
Subject: Ad Confirmation
Attachments: UAS1318.jpg
Thank you for placing your ad.
Date 87/81/89
Publication NON
Ad Number 1886486
Total Ad Cost $411. 82
Emely Pagan
213-6861
1
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NOTICE Of INTENT TO CONSIDER ORDINANCE 17"
I
Notlc~ Is hereby given that onTuesda.y,.JUIY ?$,
2009. In the B.oardroom.3rd .Floor, Administration
Building, Collier County Government Center, 3301
~ast Tamiaml Trail, Naples. Florida. the Board o.f
County Commiss',oners will consider the enactment
of a County Ordinance. The meeting will com-
mence at 9:00 A.M. The titlG of the proposed Ordi-
nance is as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COM.
MISSIONERS OF COLLIER COUNTY. FLORIDA.
AMENDING ORDlNANCE NO. 2004.43. BY INCREASING
THE SURCHARGE IMPOSED ON CER.TAINENUMERAI-
EO TRAFFIC VIOLATiONS AND OFFENSES FROM
$15.00 TO $30.00~ PROVUJING FOR CONFLICT AND
SEVERABILITY: PROVIDING FOR INCLUSION IN THE
CODE OF LAWS AND ORDINANCES; AND PHOVIDING
FOR AN EFFECTIVE DATE.
Copies of the proposed Ordinance are on fHe w.ith
the Clerk to the Board and are avaHablefor inspec-
tion. All interested parties are inv'Jted to attend
and be heard.
NOTE: All persons Wlshin~ to speak on.any agenda
item must register with he County adm In,stratol'
prior to. presentation of the agenda ltem to bead-
dressed. lndividllal speakers wUI be limited to 5
minutes on any item. The selectIon of an il'\dlvldual
to. speak on bel1aJf of an organization or group is
encouraged. If recognlzed by the Chalrman, a
spokesperson for a gl'Ollp ororganiza:tion may be
allotted 10 minutes to speak on an Item.
Persons Wishln~ to have written or graphiC ma.
terials incl.uded In the Board agenda packets mu$t
submit said materia'! a minimum of 3 weeks prior to
the respect'lve public hearing. In a~ ease. written
materlals intended to. becons',dere b6 the Board
shall be submitted to the appropr'rate . ounty staff
a minimum .or seven days prior to. the public hear-
ing. All material used in presentations befol'ethe
Board wUl become a permanent part of the record.
Any person who decides to appea I a decisIon of
the Board will need a record of the.proc:eed"ngs
pertaining thereto and therefore, may neeq to en:'
sure that a verbatim record of the proceedings is
made, which record Includes the testimony ar"ld
evidence upon vvhichthe appeal "IS based.
If youa.l'e a person with a disability who ne~ds any
accommodation ln order to particIpate In this pro-
ceeding; you are entitled, at no cost toyouJ to the
provision of certain assistance. Please contact the
Collier County Facilities Management Department.
located at 3301 Tamlaml Trail East. BUHdln3w,
Naples, Florida 34112, (~39) 252-8380. Assiste. lis-
tel1ing devices for the hearing 1m paIred are avail-
able 'nl the County Comm issioners' Office.
SOARD OF COUNTY CQMMISSIONERS
COWER COUNTY, FLORIDA
DONNA FIALA. CHAIRMAN
DWIGHT E.BROCK. CLERK
B~: /feresa polaski. Deputy Clerk
( EAL)
July 17.2009 NOl806486
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17H i
Naples Daily News
Naples, FL 34102
Affidavit of Publication
Naples Daily News
--------------------------------------------------+------------------------
BCC/CODE ENFORCEMENT
CLERK OF CIRCUIT CRT
S AMMERMANN/FINANCE DEPT
POBOX 413044
NAPLES FL 34101
REFERENCE: 068782 P.O. #4500107999
59582186 NOTICE OF INTENT TO
State of Florida
County of Collier
Before the undersigned authority, personally
appeared Susan Rogge, who on oath says that she
serves as the Vice President of Finance of the
Naples Daily News, a daily newspaper published at
Naples, in Collier County, Florida: that the
attached copy of advertising was published in said
newspaper on dates listed.
Affiant further says that the said Naples Daily
News is a newspaper published at Naples, in said
Collier County, Florida, and that the said
newspaper has heretofore been continuously
published in said Collier County, Florida, each
day and has been entered as second class mail
matter at the post office in Naples, in said
Collier County, Florida, for a period of 1 year
next preceding the first publication of the
attached copy of advertisement; and affiant
further says that he has neither paid nor
promised any person, firm or corporation any
discount, rebate, commission or refund for the
purpose of securing this advertisement for
publication in the said newspaper.
PUBLISHED ON: 07/17 07/17
't1qllWWll:
AD SPACE: 144 LINE
FILED ON: 07/17/09
------------------------- ---~-~f27;--------+------------------------
Signature of Affiant Sworn to and Subscribed before me this cJ\ day of ~ 20CH
Personally known by me ~ CJ:J.Jn~LA. MCDONALl
0., ~:~ ....: ,_,ornmls~lon DU ~5().~75
;~'r..;.;jI(t;..:,:/ tXf.lIr8'.; June 29, 201 ;
~';:~~;tr::~~::t~. e:Al,j::'J 1 i fll
-~ -
" ,I 17H f
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to Oliginal document. Original documents should be hand delivered to the Board Office. The completed routing slip and original
documents are to be fOlwarded to the Board Office only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
exceotion of the Chairman's signature, draw a line throullh routinlllines #1 throul!h #4, complete the checklist, and forward to Sue Filson line #5).
Route to Addressee(s) Office Initials Date
(List in routing order)
1.
2.
3.
4. Jeffrey A. Klatzkow, County Attorney County Attorney JAK 7-29-09
5. Sue"ri1son, Executive Manager Board of County Commissioners /~ :r/t<J(OC)
, Y4 tv t\t l "TLl.( e-L L
6. Minutes and Records Clerk of Court's Office \./
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Fitson, need to contact stafffor additional or missing
information. All original documents needing the BeC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the
item.
Name of Primary Staff Jeffrey A. Klatzkow, County Attorney Phone Number 252-8400
Contact
Agenda Date Item was 7-28-09 Agenda Item Number 17-H
A roved b the BCC
Type of Document Ordinance (Surcharge Increase) Number of Original One
Attached Documents Attached
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is Yes
a ro riate. (Initial)
1. Original document has been signed/initialed for legal sufficiency. (All documents to be JAK
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
2. All handwritten strike-through and revisions have been initialed by the County Attorney's JAK.
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
3. The Chairman's signature line date has been entered as the date ofBCC approval of the JAK
document or the final ne otiated contract date whichever is a licable.
4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's JAK
si nature and initials are re uired.
5. In most cases (some contracts are an exception), the original document and this routing slip JAK.
should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of our deadlines!
6. The document was approved by the BCC on 7-28-09 and all changes made during the JAK
meeting have been incorporated in the attached document. The County Attorney's
Office has reviewed the chan es, if a licable.
1: Forms! County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 224.05
09-PRM-00132/1O
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17H "
ORDINANCE NO. 2009- 41
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 SEVERABILITY;
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 $15.00, for those non-criminal
traffic infractions set forth in Chapter 318, Florida Statutes, and certain criminal violations
enumerated in Section 318.17, Florida Statutes; and
WHEREAS, during its 2009 Legislative Session, the Legislature amended Section
318.18(13) increasing the maximum surcharge to $30.00; and
WHEREAS, the Board of County Commissioners desires to amend Section 1 of Ordinance
No. 2004-43, to reflect the 2009 Florida Legislature's amendment to Section 318.18(13), Florida
Statutes.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
Words Underlined are added; Words Struck Through are deleted.
Page 1 of3
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17H
SECTION ONE: AMENDMENT TO SECTION 1 OF ORDINANCE NO. 2004-43.
Section I 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 3l8,
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 (Fifteen Dollars) $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 be 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 event 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 Underlined are added; Words Struck Through are deleted.
Page 2 of3
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17H
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 2.~day of :r \.) \"'" , 2009.
- ,
ATTEST:. BOARD OF COUNTY COMMISSIONERS
DWIGHT E:BROCK., CLERK COLLIER COI1NTY, FLORIDA,-
/jj !
~ ~.dt-
By: ". . .. _ By: ~
.... ,. . ".'. . uty erk DONNA FIALA, CHAIRMAN
.~.. te.... ,
.t....... ...,.-
Ap roved as to form
an Ie fficie
Words Underlined are added; Words Struck Through are deleted.
Page 3 of3
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17H '.
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of:
ORDINANCE 2009-41
Which was adopted by the Board of County Commissioners
on the 28th day of July, 2009, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 31st
day of July, 2009.
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex-officio to Board of
County Commissioners
By: Martha Vet-8ar ,
Deputy Cler,k"
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