Ordinance 2008-19
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ORDINANCE NO. 2008 - ~ \--~~1- J
AN ORDINANCE ESTABLISHING THE REQUIREMENT FOR\t~t\~t~ ,
COLLECTION OF "OFFENDER REGISTRATION FEES" <s<
INDIVIDUALS IDENTIFIED BY FLORIDA STATUTE AS A CONVICTE $C'bc~ l,01!!;/
FELON, CAREER OFFENDER, SEXUAL OFFENDER OR SEXUAL "2'zz~
PREDATOR, PROVIDING FOR FINDINGS AND INTENT, PROVIDING FOR
APPLICABILITY, PROVIDING FOR DEFINITIONS, PROVIDING FOR
COLLECTION, EXEMPTIONS, FAILURE TO PAY AND DISTRIBUTION OF
FEES, PROVIDING FOR PENALITlES, PROVIDING FOR CONFLICT AND
SEVERABILITY, PROVIDING FOR INCLUSION IN THE CODE OF LAWS
AND ORDINANCES, AND PROVIDING FOR AN EFFECTIVE DATE.
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WHEREAS, the Board of County Commissioners is concerned for the welfare and
safety of our children and adult citizens of Collier County, and;
WHEREAS, 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
WHEREAS, 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 from 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.
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NOW, THEREFORE, BE IT ORDAINED BY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
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SECTION ONE:
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This Ordinance shall be known as the Offender Registration Fee d,f,4itiancg.
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SECTION TWO: Findings and Intent.
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(a) Each individual designated by the State of Florida, or by any other Sta~rtm 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 of Collier County and to protect the children of Collier County and other potential
victim(s) from potential victimization by registered Convicted Felons, Career Offenders, Sexual
Offenders and Sexual Predators.
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SECTION THREE: Applicability.
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
meanmg.
(a) Registered Sexual Offender or Registered Sexual Predator means an individual
who is required to 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 Collier 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 of this 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.
(f) Address Change means any subsequent registration process whereby the
individual reports to the Sheriff a change, modification or addition in either a temporary or
permanent 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 / Information Change - the sum often dollars ($10.00).
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1. Said payment shall be paid at the time of registration and shall be paid in
exact change / 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 in civil enforcement in accordance with Fla. Stat. Ch. 125.01 (t) and
Ch.125.69 (1).
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 Sheriff s Office into the Sheriff s 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 who 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 Jailor by
both such fine and imprisonment in accordance with Section 125.0l(t) and Section 125.69(1),
Florida Statutes.
SECTION SIX: 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.
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SECTION SEVEN: 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 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 Date.
This Ordinance shall become effective upon filing with the Department of State.
This Ordinance adopted this -Z "2- day of -.fsp(', I ,2008 after motion, second and majority
vote favoring the same.
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By:
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Approved as to form and
Legal sufficiency:
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Assistant County Attorney
This ordinance fi led with th"
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end ocknowledgement of that
fili1leceiVed this .5fu day
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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 2008-19
Which was adopted by the Board of County Commissioners
on the 22nd day of April, 2008, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 23rd
day of April, 2008.
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex-officio to Board of
County Commissioners.:.!
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Deputy
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Clerk