Ordinance 98-065 ORDINANCE NO. 98- 65 ~"/
AN ORDINANCE RELATING TO THE APPROPRIATIO ~ ~_ .,
or COUNTY FUNOS RECARDING A PROPOSE'
STATE COURT SYSTEM; PROVIDING FOR TITLE AND
CITATION; MAKING LEGISLATIVE FINDINGS AND
DECLARING A VALID PUBLIC PURPOSE; DIRECTING
TRANSFER OF FUNDS FROM RESERVES IN THE
COUNTY GENERAL FUND TO THE FLORIDIANS FOR -~ "'
FAIRNESS IN COURT FUNDING (FFCF) TO INFORM '~." 77 "
CITIZENS AND ENCOURAGE VOTER APPROVAL OF "5~
THE PROPOSED AMENDP, iENT; PROVIDING FOR AN
AGREEMENT WITH THE FFCF; PROVIDING FOR
OVERSIGHT AND ACCOUNTING OF THE FUNDS BY
THE COUNTY AND/OR THE CLERK OF THE CIRCUIT
COURT; PROVIDING FOR INCLUSION IN THE CODE
OF LAWS ,~.ND ORDINANCES; PROVIDING FOR
CONFLICT AND SEVERABILITY; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, in 1972, the people of this state approved a revision of Article V of the
Constitution of the State of Florida to provide for a unified state court system and to avoid what
was then a patchwork,of locally financed systems of justice. However, the language of the
revised Article V failed to specify the responsibility of the state to fund its court system; and
WHEREAS, since 1972, the state's funding of its court system has not kept pace with the
tremendous demands of statewide growth and increased criminal activity. Unfortunately for the
citizens of this state, the burden of making up the shortfall in court system funding has fallen
increasingly on the shoulders of local county property taxpayers. Reliable estimates show that
counties currently contribute over a half-billion dollars to the operation of the state court system
each year. Counties expend $32 million annually to fund public defender conflict and overload
cases alone. This means that 53% of the total expenditures for the state court system ar~ borne
by county taxpayers; and
WHEREAS, counties have little control, if any, over the cost or administration of the
state's court system as this authority is spread among the judiciary, the legislature and the clerks
of the court. Thus, contrary to principles of good government, the taxing power is severed from
the spending power to the extent that counties must pay for th~ state's court system; and
WHEREAS, in the allocation of taxing power under Article VII of the Florida
Constitution, counties do not have access to as many revenue sources as the State Legislature.
All county tax sources are capped as to rates or ax~ limited as to the types of programs and
facilities that may be funded with each source. Other than ad valorera taxes, counties cannot
levy taxes except as authorized by the Legislature by general law. In contrast, the Legislature
may enact general laws levying taxes for its own expenditures and is not dependent upon asking
another governmental entity to create additional revenue sources; and
WHEREAS, the Constitution Revision Commission (CRC) recently approved certain
proposed amendments to the Florida Constitution. The CRC will place those amcndmants on the
ballot for consideration by the voters at the November, 195}8 Cvcncral Election; and
WHEREAS, the CRC has approved a proposed nmcndmant to Article V of the
Constitution that will alter the f~nding of the state court system and relieve the counties and their
taxpayers of some portion of the burden of the state court systcrn and shift that burden - qnitc
properly - to the state. The amendment will require the state to better fund its system and relieve
local taxpayers of some portion of this burden; and
WHEREAS, the Floridians for Fairness in Court Funding C/~C"F) is a "political
committee" established by the Florida Association of Counties pursuant to Chapter 106 of the
Florida Statutes for the purpose of conducting a referendum campaign to support an amendment
to the Constitution to nvise the way the state court system is funded. FFCF will provide
information to vetch about the proposed Article V amendment and will advocate the approval of
the amendment at the GencTal Election.
NOW, THEREFORE, BE IT ORDAINliD BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COLrNTY, FLORIDA that:
SECTION 1: TITLE AND CITATION.
This Ordinance shall be known and may be cited as the "Collier County Support for State
Court System Alternative Funding Amendment Ordinance."
SECTION 2: FINDINGS AND PURPOSE.
The Board of County Commissioners of Collier County, Florida does hereby find and
determine that counties have little control, if any, over the costs or the administration of the state
court system. County revenue sources are limited or capped, and the costs of the state's court
v/stem an rising. There is a real fear of unequal justice throughout the state under the current
funding mechanisms. The state has the revenue sources at its disperil to fund its court system.
It is in the best interegs of the taxpayen and residents of Collier County to revise the way the
state's court system is funded as contemplated in the proposed amendment recently approved by
the Constitution Revision Committee. Accordingly, the Board of County Commissioners hereby
finds and declares that an expenditure of County funds in the amount of $32,120.00 payable to
the Floridians for Fairness in Court Funding (FFCF) to inform voters throughout the state and
encourage their approval of the proposed amendment to Article V of the Constitution of the State
of Florida regarding funding for the state's court system serves a valid public purpose.
The Board of County Commissioners desires to contribute funds to the FFCF to conduct
a public information campaign to inform citizens and encourage voter approval of the proposed
amendment. The County's payment to FFCF will be combined with payments or contributions
from other counties, creating a pool of' funds to conduct an appropriate and customary campaign
to increase voter understanding and elicit voter approval of the proposed amendment.
SECTION 3: COUNTY OBLIGATIONS.
The County shall pay, from reserves in the County general fund, to FFCF the sum of
Fifty-two Thousand One-hundred-twenty Dollars (552,120.00) which is an amount that has been
calculated based upon'S0.27 per Collier County resident, using a County population estimate of
193,036 residents. Payment shall be made in one lump sum or in such substantially equal
periodic installments as the County Administrator shall elect; but, in any case, payment of all
amounts obligated by the County hereunder shall be made in full on or before September 30,
1998.
SECTION 4: AGREEMENT.
The County shall enter into a written agreement with FFC"F dcd, ailing the obligations of
the FFCF with regard to conducting the referendum campaign as pertains to the proposed
constitutional amendment.
SECTION 5: GENERAL ACCOUNTING:
FFCF shall maintain adequate financial records concerning the expenditures paid by the
County pursuant to the terms of the wzitten agreement provided for in this Ordinance, All
financial records to provide back-up to the financial disclos~ required by the Secre~'y of State
shall be available for review by the County or Clerk upon request, including how much money
was spent on particular items, the recipient of the payment, and identification of the product or
service purchased.
SECTION 6: 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 tenumbered or
re-lettered to accomplish such, and the word "ordinance" may be changed to "section,"
or any other appropriate word.
SECTION 7: 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.
SECTION 8: EFFECTIVE DATE.
This Ordinance shall take effect upon filing with the Department of State.
PASSED AN]3 DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this :~'. day of~'~ i,--[ , 1998.
· DATED: BOARD OF COUNTY COMMISSIONERS
[.' ~TTEST: OF COLLIER COUNTY, FLORIDA
~. ~ DWIGHT E. BROCK, Clerk
· "': By: ~ ~ ~
i.:' Atta~tt as to Ch~r~/,'$''
/-
// .~..: .....# ....... Th~s ordinonce fired w~l'h the
Sec tory of tote's Office the
-~-_~dc:y of ~
end ocknow:ec~geme t of thor
fil~ received fs ~ ck~/
Approved a~ to form and of ~
legal sufficiency:
~Ob~./Zachary
Assistant County Attorney
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth
Judicial Circuit, Qollier County, Florida, do hereby certify that the
foregoing is a true copy of:
ORDINANCE NO. 98-65
Which was adopted by the Board of County Commissioners on the 28th day
of July, 1998, 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, 1998.
Clerk of Courts and Clerk
Ex-officio to Board Of'~-"' .... :"':J'.7,. "'-..
County Commissi9 ersL" ."~ = "" ~ '~
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t;oun~y tjonlml~ . .'-.
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: Maureen Kenyon -, '..~.' '. : :' F
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