Ordinance 2007-39
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/!J ,~ ORDINANCE NO. 2007 -~
0:> HAY 2007 ! ~
'" REflr)"EIlO NANCE AMENDING ORDINANCE 2003-39, ALSO KNOWN,A;s
% IIf ,..~ ORI SLOSBERG DRIVER EDUCATION ORDINANCE, ':48
1:"6 CO D IN SECTIONS 2-451 THROUGH 2-456 OF THE CODE OF
?!'~~LZ~ S AND ORDINANCES IN ORDER TO INCREASE T~
RCHARGE THAT THE CLERK OF COURTS MAY COLLECT QN.
ALL CIVIL TRAFFIC PENALTIES FROM $3.00 PER PENALTY 1'0
$5.00 PER PENALTY, CHANGE REFERENCES TO "TRAFFI@'_
EDUCATION TO "DRIVER" EDUCATION PROGRAMS, FURTHIQ'f~
CLARIFY THAT FUNDS ARE TO BE USED TO ENHANCE, NOT..
REPLACE DRIVER EDUCATION PROGRAM FUNDS AND STIPULATE
THAT EACH PROGRAM RECEIVING FUNDS REQUIRE A MINIMUM
OF 30 PERCENT OF A STUDENT'S TIME IN THE PROGRAM BE
BEHIND-THE-WHEEL TRAINING; PROVIDING FOR INCLUSION IN
THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR
CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
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WHEREAS, on July 29, 2003, the Board of County Commissioners adopted Ordinance
2003-39, otherwise known as the "Dori Slosberg Driver Education Ordinance" to authorize the
Clerk of the Circuit Court to collect an additional three dollar ($3.00) surcharge on all civil
traffic penalties in County Court to be used to fund the direct education expenses of traffic
education programs in both public and non-public high schools; and
WHEREAS, recent changes in Section 318.1215 of the Florida Statutes, entitled "Dori
Slosberg Driver Education Safety Act", authorize the Board of County Commissioners to amend
the authorizing ordinance to increase the $3.00 per penalty surcharge to $5.00 per penalty, as
well as several other modifications to clarify intent and criteria; and
WHEREAS, the Board of County Commissioners of Collier County, Florida deems it
appropriate and in the best interest of the public health, safety and welfare to adopt this
Ordinance to collect an additional surcharge and make minor program modifications.
NOW, THEREFORE BE IT ORDAlNED by the Board of County Commissioners of
Collier County, Florida that:
SECTION 1: Collier County Ordinance No. 2003-39 is amended as follows:
SECTION THREE: COLLECTION OF SURCHARGE
(1) Pursuant to 9 318.1215 Fla. Stat., a three dellar ($3.00) five dollar ($5.00)
surcharge shall be added by the Collier County Court against every person who pleads
guilty or nolo contendere to, or is convicted of, regardless of adjudication, a moving or
non-moving civil traffic violation.
(2) The tHree dellar ($3.00) five dollar ($5.00) surcharge shall be in addition
to any fine, civil penalty or other court cost and will not be deducted from the proceeds of
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that portion of any fine or civil penalty which is received by Collier County in accordance
with 99 316.660 and 318.21 Fla. Stat.
(3) The three dollar ($3.00) five dollar ($5.00) surcharge shall be specifically
added to any civil penalty paid, whether such penalty is paid by mail, paid in person
without request for hearing, or paid after hearing and determination by the court.
SECTION FOUR:
DISTRIBUTION OF FUNDS COLLECTED
(1) The Clerk shall collect the ttH'ee dollar ($3.00) five dollar ($5.()())
surcharge in accordance with 9 318.1215 Fla. Stat.
(2) All funds collected pursuant to this Ordinance shall be used for the
exclusive purpose of funding driver education programs, and shall be deposited into a
special trust fund to be used to exclusively fund the direct education expenses of tFaJ.tiB
driver education programs in both public and non-public high schools.
(2) All funds collected shall be used exclusively to supplement (enhance and
not replace) funding for direct education expenses of tFaJ.tiB driver education programs in
both public and non-public high schools.
(3) Direct educational expenses are incurred for the purchase of goods and
services including, but not limited to, driver education course materials, vehicles
exclusively used for driver education programs, driver simulators, and salaries of driver
education instructors and shall not include administrative expenses.
SECTION FIVE:
BUDGETED
(1) The County Manager, or his designee, with direction from the Board of
County Commissioners, in accordance with 9 318.1215 Fla. Stat., and with the budget
adopted by the Collier County Board of Commissioners, shall have the authority to provide
EXPENDITURE AND MANAGEMENT OF FUNDS
for the expenditure of funds remitted to the tFaJ.tiB driver education program.
(2) Procedures for disbursement of the funds collected pursuant to this
Ordinance shall be developed by the County Manager, or his designee, and approved by the
Board of County Commissioners.
(3) In order to receive funds, the eligible public and non-public high schools
must make application for funds and receive approval by Collier County in accordance
with the program procedures established by the County Manager and must execute an
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acceptance agreement, acknowledging that funds received shall be used exclusively by the
recipient for direct educational expenses for driver education programs,-aOO shall enhance
and not be used to replace funds received from existing sources, and that the program
receiving funds requires that a minimum of 30 percent of a student's time in the program
be behind-the-wheel training.
(4) Monies that have not been disbursed at the end of each fiscal year shall be
retained for disbursement in the subsequent fiscal year(s), as appropriate.
SECTION 2: 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 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 such holding shall not affect the validity of the
remaining portion.
SECTION 3: lNCLUSION IN THE CODE OF LAWS AND ORDlNANCES
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
re-Iettered to accomplish such, and the word "ordinance" may be changed to "section", "article",
or any other appropriate word.
SECTION 4: EFFECTIVE DATE
A certified copy of this Ordinance shall be filed with the Department of State by the
Clerk of the Board of Collier County Commissioners after adoption by the Collier County Board
of Commissioners, and shall take effect and be implemented thirty (30) calendar days from the
date of said filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this ']j.j'\t' day of _P\pr'. \ ,2007.
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Approved as to form and legal, sUffiCienCy[
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Jenlll er A, Belpedio
Assistant County Attorney
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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 2007-39
Which was adopted by the Board of County Commissioners
on the 24th day of April, 2007, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 26th
day of April, 2007,
DWIGHT E. BROCK , '
Clerk of Courts and Clerk",
Ex-officio to Board o~. ~
County Commissioners'
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By: Ann Jennejohn, .' '
Deputy Clerk