Ordinance 2003-39ORDINANCE NO. 2003- 3 9
AN ORDINANCE OF THE BOARD OF
COMMISSIONERS OF COLLIER COUNTY,
PROVIDING FOR FUNDING FOR DRIVER EDUCATIO~~
PROGRAMS IN COLLIER COUNTY'S PUBLIC AND
PRIVATE HIGH SCHOOLS; PROVIDING FOR FINDINGS
OF FACT AND PURPOSE; PROVIDING FOR
COLLECTION OF SURCHARGE; PROVIDING FOR
DISTRIBUTION OF FUNDS COLLECTED; PROVIDING
FOR EXPENDITURE AND MANAGEMENT OF FUNDS
BUDGETED; PROVIDING FOR CONSTRUCTION;
PROVIDING FOR CONFLICT AND SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE OF LAWS
AND ORDINANCES; PROVIDING AN EFFECTIVE DATE.
WHEREAS, Section 318.1215 of the Florida Statutes, entitled "Dori SIosberg Driver
Education Safety Act," authorizes the Collier County Clerk of the Circuit Court ("Clerk") upon
the adoption of an ordinance by the Board of County Commissioners 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, 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 a surcharge to supplement already existing driver education funds.
NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of
Collier~County, Florida that:
SECTION ONE: TITLE AND CITATION
This Ordinance shall be known as the "Do~ S!osberg Driver Education Ordinance."
SECTION TWO: FINDINGS OF FACT AND PURPOSE
(1) The U.S. Department of Transportation's National Highway Traffic Safety
Administration studies reveal that a significant percentage of young drivers are involved in
traffic crashes and are twice as likely as adult drivers to be in a fatal crash and that the problems
contributing to these higher crash rates include driving inexperience and lack of adequate driying
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skills.
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(2) There is information indicating that not all eligible high school students in Collier
County are given the opportunity to participate in driver education programs.
(3) Due to the high demand and importance of driver education programs, existing
programs need to be expanded and additional programs created.
(4) The Board of County Commissioners is authorized by § 318.1215 Fla. Stat. to
enact an ordinance authorizing the Clerk to collect a 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.
SECTION THREE: COLLECTION OF SURCHARGE
(1) Pursuant to § 318.1215 Fla. Stat., a three dollar ($3.00) 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 dollar ($3.00) surcharge shall be in addition to any fine, civil penalty or
other court cost and will not be deducted from the proceeds of that portion of any fine or civil
penalty which is received by Collier County in accordance with §§ 316.660 and 318.21 Fla. Stat.
(3) The three dollar ($3.00) 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 three-dollar ($3.00) surcharge in accordance with
§ 318.1215 Fla. Stat.
(2) Ali funds collected pursuant to this Ordinance shall be used for the exclusive
purposa 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 traffic education programs in both
public and non-public high schools.
(2) All funds collected shall be used exclusively to supplement funding for direct
education expenses of traffic 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.
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SECTION FIVE: EXPENDITURE AND MANAGEMENT OF FUNDS BUDGETED
(1) The County Manager, or his designee, with direction from the Board of County
Commissioners, in accordance with § 318.1215 Fla. Stat., and with the budget adopted by the
Collier County Board of Commissioners, shall have the authority to provide for the expenditure
of funds remitted to the traffic 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 acceptance
agreement, acknowledging that funds received shall be used exclusively by the recipient for
direct educational expenses for driver education programs and shall not be used to replace funds
received from existing sources.
(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 SIX: CONSTRUCTION
(2) This Ordinance is to be construed in accordance with § 318.1215 Fla. Stat., as it
may be amended or replaced.
SECTION SEVEN: 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
invalidxor 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 EIGHT: 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
re-lettered to accomplish such, and the word "ordinance" may be changed to "section", "article",
or any other appropriate word.
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SECTION NINE: 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 ninety (90) 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 Z~'r~ay~" of '~L. ~ ,2003.
BOARD OF COUNTY COMMISSIONERS
B Y~l. om~Hen nin~g, C h~ rma n
This ordinance filed with the
S .e~tory of State's Office the
d?y of
aha acknowledgement ~ that
filing received Lhis ~ 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 copy of:
ORDINANCE NO. 2003-39
Which was adopted by the Board of County Commissioners on
the 29th day of July, 2003, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 31st day
Of Ju~y, 2003.
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex-officio ,,~o...BQard of
county
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