Agenda 04/22-23/2008 Item #17F
Agenda Item No. 17 F
April 22, 2008
Page 1 of 7
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EXECUTIVE SUMMARY
Request that the Collier County Board of County Commissioners, Naples, Florida,
approve Sheriff Hunter's recommended "Offender Registration Fee Ordinance" to
establish a policy for the collection of administrative registration fees for the
initial registration and re-registration of individuals required by Florida Statute to
register with the Sheriff as a career offender, convicted felon, sex offender or
sexual predator.
OBJECTIVE: That the Board of County Commissioners ("Board") approve the Sheriffs
recommended ordinance (titled the "Offender Registration Fee Ordinance") which will
establish policy regarding the collection of registration fees, to be collected during
specific registration services provided by the Sheriff, to partially offset the costs of
monitoring sex offenders; and to vote upon this proposed ordinance on the Board's
Summary Agenda.
BACKGROUND: The Collier County Sheriff Office assumed all fiscal responsibilities in
the tracking and monitoring of "Registered Sex Offenders and Predators" after the
passage of the Jessica Lunsford Act, in May, 2005. This act requires initial registrations,
subsequent re-registrations, personal address verifications, physical monitoring, the
creation of public notifications, web based passive notifications, direct mail notifications
- and active telephone notifications, as well as other informational management duties;
which are otherwise unfunded through the mandate. The ability to perform these
activities greatly impact the safety of the community and through the enactment of this
ordinance, additional funding will be made available to partially offset direct costs and
operating expenditures to fulfill mandates of the Jessica Lunsford Act; and provide for
services which will protect the children of Collier County.
CONSIDERATIONS: Having considered input and research from many interested
individuals and groups, Sheriff Hunter desires to have enacted a county ordinance that
requires the collection of a $75 initial registration fee, $25 re-registration fee, and $10
Address Change fee; which would apply to each individual designated by the State of
Florida, or by any other statute of any other State of the United States, or by the
Government of the United States or any agency thereof, if now or hereafter applicable,
as a "Career Offender", "Convicted Felon", "Sexual Offender" or "Sexual Predator" and
who is required by such law to register with the Collier County Sheriff as a "Career
Offender", "Convicted Felon", "Sexual Offender" or "Sexual Predator". Said fees to be
collected by the Sheriff, and held in a fund to offset the Sheriff's "Sex Offender
monitoring uni!".
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FISCAL IMPACT: The recommended ordinance will have no funding requirement.
However, anticipated fees collected are noted below (fiGures are based on a calculation
of reaistrations in 2007, alona with additional reGistrations leGislated for 2008):
PROJECTED REVENUE:
Agenda Item l;Jo. 17F
April 22, 2008
Page 2 of 7
78 Sex offenderslpredators registered initially in 2007 x $75 = $5,850
200 Sex offenders/predators re-registered bi-annually in 2007 x $25 = $10,000
46 Sex offenders/predators required to re-register quarterly* x $25 = $4,600
(*new requirement for 2008)
291 Sex offenders/predators with an address change in 2007 x $10 = $2,910
43 Career Offenders registered initially in 2007 x $75 = $3,225
764 Convicted felons registered initially in 2007 x $75 = ~57,300
TOTAL: Anticipated First Year Ordinance Mandated Fees = $83,88~
GROWTH MANAGEMENT IMPACT: There will be no growth management impact
associated with enactment of this recommended ordinance.
RECOMMENDATION: That the Board of County Commissioners approve this proposed
ordinance.
PREPARED BY: Lt. Thomas B. Smith, Sexual Crimes Bureau, Collier County
Sheriffs Office
Page 1 of 1
Agenda Item No. 17F
April 22, 2008
Page 3 of 7
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
17F
Request that the Collier County Board of County Commissioners, Naples. Florida, approve
Sheriff Hunters recommended Offender Registration Fee Ordinance to establish a policy for
the collection of administrative registration fees for the initial registration and re~registration of
individuals required by Florida Statute to register with the Sheriff as a career offender,
convicted felon, sex offender or sexual predator.
Meeting Date:
412212008 900:00 AM
Prepared By
Kay Nell
Certified Legal Assistant
Date
County Attorney
County Attorney
4191200812;25;50 PM
Approved By
Robert N. Zachary
Assistant County Attorney
Date
County Attorney
County Attorney Office
419120084;20 PM
Approved By
Jeff Klatzkow
Assistant County Attorney
Date
County Attorney
County Attorney Office
4/10/20083:47 PM
Approved By
OMS Coordinator
OMS Coordinator
Date
County Manager's Office
Office of Management & Budget
4/11/20088:03 AM
Approved By
John A. Y onkosky
Director of the Office of Management
Date
County Manager's Office
Office of Management & Budget
4/13/200811:53 AM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
4115120083:16 PM
fi1e:IIC:\AQ:endaTe5t\ExDort\1 05-Aoril%2022.%202008\] 7.%20SUMMARY%20AGENDA... 4/16/2008
ORDINANCE NO. 2008-
r'genda Item No.l7F
/\pril 22, 2 08
Page 4 f 7
AN ORDINANCE ESTABLISHING THE REQUIREMENT FOR THE
COLLECTION OF "OFFENDER REGISTRATION FEES" FROM
INDIVIDUALS IDENTIFIED BY FLORIDA STATUTE AS A CONVICTED
FELON, CAREER OFFENDER, SEXUAL OFFENDER OR SEXUAL
PREDATOR, PROVIDING FOR FINDINGS AND INTENT, PROVIDING FOR
APPLICABILITY, PROVIDING FOR DEFINITIONS, PROVIDING FOR
COLLECTION, EXEMPTIONS, FAILURE TO PAY AND DISTRIBUTION OF
FEES, PROVIDI2'lG FOR PENALITIES, PROVIDING FOR CONFLICT AND
SEVERABILITY, PROVIDING FOR I2'lCLUSION IN THE CODE OF LAWS
AND ORDINANCES, AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners is concerned for the welfare and
safety of our children and adult citizens of Callier County, and;
\VHEREAS, the Board of County Commissioners is aware of the ever increasing
national, state and local mandates, the majority of which are unfunded, which require the
monitoring, tracking and managing of individuals classified as Career Offenders, Convicted
Felons, Registered Sexual Offenders and Sexual Predators; and
""HEREAS, the Board of County Commissioners of Collier County recognize that the
processes of registering, tracking and monitoring Career Offenders, Convicted Felons, Sexual
Offenders and Sexual Predators, who have been released [rom custody, and who are required by
Florida law to register with the Sheriff and have their addresses physically verified, is costly and
time consuming; and
WHEREAS, it is the intent of this Ordinance to serve the County's compelling interest
to promote, protect and improve the health, safety and welfare of the citizens of the entire
County by supporting practices that enhance the tracking, monitoring and management of these
high risk offenders; and
WHEREAS, the Board of County Commissioners wishes to establish a policy requiring
the collection of a Registration Fee from individuals designated by Florida Statutes as a
"Convicted Felon", "Career Offender", "Sexual Offender" or "Sexual Predator", which would
provide funds to offset the Sheriffs increased expenses associated with tracking, monitoring and
managing the aforesaid offenders within Collier County. The ability to offset these associated
expenses would promote the protection of our citizens through enhanced enforcement efforts.
NOW, THEREFORE, BE IT ORDAII'iED BY THE BOARD OF
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE: This Ordinance shall be known as the Offender Registration Fee Ordinance.
SECTION TWO: Findings and Intent.
(a) Each individual designated by the State of Florida, or by any other Statute of any
other State of the United States, or by the Government of the United States or any agency thereof
as a "Convicted Felon", "Career Offender", "Sexual Offender" or "Sexual Predator" and who is
required by any such law to register in the State of Florida, as a "'Convicted Felon", "Career
Offender", "Sexual Offender" or "Sexual Predator" represents an increased risk of harm to the
citizens of Collier County.
(b) Protecting the citizens of Collier County from harm is enhanced by recognizing
the risks that said individuals represent while residing in Collier County and providing the
necessary resources to ensure the proper monitoring, tracking, registering and management of
their presence.
(c) It is the intention of this Ordinance to be regulatory in nature and non-punitive,
relating to the purpose of promoting, protecting and improving the health, safety and welfare of
all the citizens ofeallier County and to protect the children ofeollier County and other potential
victim(s) fTom potential victimization by registered Convicted Felons, Career Offenders, Sexual
Offenders and Sexual Pn:ualors.
SECTION THREE: Applicability.
.Agenda Item No. 17F
.April 22. 2008
Page 5 of 7
This Ordinance shall apply to incorporated as well as unincorporated areas of Collier
County.
SECTION FOUR: Definitions.
The following words, terms and phrases, when used in this Ordinance, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a different
meaning.
(a) Registered Sexual Offender or Registered Sexual Predator means an individual
who is required t6 register with the Sheriff as a "Sexual Offender" or "Sexual Predator", as
prescribed under Section 775.21, 943.0435 and 944.607, Florida Statutes (also known as the
Florida Sexual Predator Act).
(b) Convicted Felon means an individual who is required to register with the Sheriff
as a Convicted Felon as prescribed under Section 775.13, Florida Statutes.
(c) Career Offender means an individual who is required to register with the Sheriff
as a Career Offender as prescribed under Section 775.261, Florida Statutes.
(d) Initial Registration means the first registration, which is outlined and described
within Sections 775.13, 775.261. 775.21, 943.0435 and 944.607, Florida Statutes; whereby an
individual is required to register with the ColIier County Sheriff upon release from incarceration
or upon their arrival in Collier County as a temporary or permanent resident. This constitutes a
maximum one time fee, per annum.
For each Career Offender, Convicted Felon, Sexual Offender and Sexual Predator that is
currently registered, the Initial Registration fee shall apply during their first initial registration or
re-registration, following passage ofthis Ordinance.
(e) Re-registration means any subsequent registration process with the Sheriff, which
updates and otherwise validates an individual's information based on requirements of Sections
775.21, 943.0435 and 944.607, Florida Statutes. Re-registration consists of bi-annual and
quarterly re-registrations based on certain offense criterion outlined within Florida's Sexual
Offender and Sexual Predator statutes. This constitutes a recurring fee.
(0 Address Change means any subsequent registration process whereby the
individual reports to the Sheriff a change, modification or addition in either a temporary or
pennanent address (excluding changes made during required quarterlylbi-annual re-
registrations), whereby the individual's change of address requires personal verification. This
constitutes a recurring fee.
SECTION FIVE: Collection of Registration Fees from Convicted Felons, Career
Offenders, Sexual Offenders and Sexual Predators, failure to pay registration fees,
disposition of collected fees, penalties.
(a) Collection of fees. Any individual who is required to register, re-register or
report changes of either a temporary or permanent address, or modify statutorily required
information to the Sheriff, as a Convicted Felon, Career Offender, Sexual Offender or Sexual
Predator shall pay to the Collier County Sheriffs Office the following fees for such services:
Initial Registration - the sum of seventy-five dollars ($75.00).
Re-registration - the sum of twenty-five dollars ($25.00).
Address I Information Change - the sum often dollars ($10.00).
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.L\genda Item 1'<0. 17F
/\pril 22. 2008
Page 6 of 7
1. Said pa)ment shall be paid at the time of registration and shall be paid in
exact change I cash or certified funds, no personal checks. Said fees are non-refundable
and non-transferable to or from other counties or jurisdictions 'with similar registration
fee structures.
2. All Registration Fees paid by a Convicted Felon, Career Offender, Sexual
Offender or Sexual Predator shall be recorded and a copy of the receipt provided thereof.
(b) Exemptions and Failure to Pay Registration Fees. The Sheriff shall not refuse to
register, re-register or modify an address or required information of a person, who does not pay
the fee, at the time of registering as required by this Ordinance.
1. The Sheriff shall immediately invoice all unpaid fees and provide a copy
to the Convicted Felon, Career Offender, Sexual Offender or Sexual Predator for
payment. All invoiced fees shall be paid within thirty (30) days of invoicing.
2. Any portion of invoiced fees which remain unpaid after thirty (30) days
may result m civil enforcement in accordance with Fla. Stat. Ch. 125.01 (t) and
Ch.125.69 (I).
3. The Sheriff shall report unpaid fees in accordance with standard
accounting practices and the County may seek to recover said fees in a civil action in the
same manner as other money due the county.
4. The Sheriff shall not require the payment of any fee from an un-
emancipated minor, Juvenile Sexual Offender or Juvenile Sexual Predator who is less
than eighteen years of age until said individual reaches eighteen years of age, at which
time the applicable fees shall apply anew. Registrations with the Sheriff upon reaching
age of majority or emancipation shall constitute an Initial Registration.
5. The Sheriff shall not require the payment of any fee from an individual
whose change of address is the result of their incarceration. An incarcerated individual's
initial registration and re-registration fees (quarterly or bi-annual) still apply and shall be
collected.
(c) Disposition of Collected Registration Fees. Fees collected pursuant to this
Ordinance shall be deposited by the Sheriffs Office into the Sheriffs general operating account
to offset increased expenses associated with tracking, monitoring and managing the aforesaid
offenders in Collier County.
1. All funds from the collected registration fees shall be earmarked for
exclusive distribution toward the administration and operation costs associated with
tracking, monitoring, and managing Sex Offenders and Sexual Predators and toward
programs and training in protecting children from harm by Sexual Offenders and Sexual
Predators.
(d) Penalties. A person \vho fails to pay all applicable registration fees in accordance
with this Ordinance, or who violates any part of this section, shall be punished by a fine not
exceeding $500.00 or by imprisonment for a term not exceeding 60 days in the County lail or by
both such fine and imprisonment in accordance with Section 125.01(t) and Section ]25.69(1),
Florida Statutes.
SECTION SIX: Cuoflic! and Severability.
In the event this Ordinance conflicts with any other ordinance of Collier County or other
applicable law, the more restrictive shall apply. Ifanyphrase or portion of this Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct, and independent provision and sllch holding shall not affect the validity of the
remaining portion.
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SECTION SEVEN: Inclusion in the Code of Laws and Ordinances.
Agenda liem No. 17F
April 22, 2008
Page 7 017
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 Ordinance may be renumbered or
relettered to accomplish such, and the word "ordinance" may be changed to "section", "article",
or any other appropriate word.
SECTION EIGHT: Effective Dare.
This Ordinance shall become effective upon filing with the Department of State.
This Ordinance adopted this _ day of
vote favoring the same.
, 2008 after motion, second and majority
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIOl\'ERS
OF COLLIER COUNTY, FLORIDA
Deputy Clerk
By:
TOM HENNING, Chairman
Approved as to fonn and
Legal sufficiency~
R~::':': --r
Assistant County Attorney
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