Ordinance 2004-43
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I C:t.\ -III"" ~ <:; ORDINANCE NO. 04- 43
\ ~~'\~ A § IWINANCE OF THE BOARD OF COUNTY COMMISSIONERS ~i':
~ LIER COUNTY, FLORIDA, PROVIDING FOR IMPOSITIO$:OF A.~
~9è'S~'ÞZ£"t't't RCHARGE ON CERTAIN ENUMERATED TRAFFIC VIOLi\.'fIONS'
AND OFFENSES; ALLOCATION OF FUNDS RECEIVED FROM~1'H~
SURCHARGE; PROVIDING FOR AMENDMENTS TO SEt110N
318.18(13), FLORIDA STATUTES; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING FOR INCLUSION IN THE COLLIER
COUNTY CODE OF LAWS AND ORDINANCES; PROVIDING FOR AN
EFFECTIVE DATE.
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WHEREAS, on November 3, 1998, the voters of Florida adopted Revision 7 to the
Florida Constitution to amend Article V of the Constitution to provide for funding for the state
courts system, which revision is effective July 1, 2004, and is set forth in Section 14 of Article
V of the Constitution of the State of Florida; and
WHEREAS, during the 2003 session of the State Legislature, the Legislature amended
various provisions of the Florida Statutes in order to comply with the requirements of Revision
7; and
WHEREAS, after review, the legislature enacted further amendments to the Florida
Statutes in order to provide a more equitable distribution of responsibility for funding the court
system; and
WHEREAS, the Florida Legislature amended Section 318.18, Florida Statutes, by
adding new subsection (13), effective July 1, 2004, to address some of these concerns by
providing a supplemental funding source through imposition of a surcharge; and
WHEREAS, Section 318.18(13), Florida Statutes, allows each county to adopt a county
ordinance assessing a surcharge not to exceed $15.00 for those non-criminal traffic infractions
set forth in Chapter 318, Florida Statutes, and certain criminal violations enumerated in Section
318.17, Florida Statutes; and
WHEREAS, this surcharge must be used to fund state court facilities; and
WHEREAS, the legislation allowing this additional surcharge requires that the local
Board of County Commissioners enact local legislation incorporating this charge; and
WHEREAS, these additional funds are necessary in order for the courts in this County
to maintain their high level of service to the public.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of
Collier County, Florida, that:
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Section 1. Surchar2e in Certain Enumerated Traffic Violations and Offenses:
(a). Pursuant to Section 318.18(13), Florida Statutes, every person who pays a fine or
civil penalty for any violation of a non-criminal traffic infraction pursuant to Chapter 318,
Florida Statutes, and every person who pleads guilty or nolo contendere or is convicted,
regardless of adjudication, of those offenses enumerated in Section 318.17, Florida Statutes,
shall be assessed a surcharge of $15.00 (Fifteen Dollars). This surcharge is in addition to any
penalties imposed for non-criminal traffic infractions pursuant to Chapter 318, Florida Statutes,
or imposed for criminal violations listed in Section 318.17, Florida Statutes.
(b) The court shall order payment of this surcharge in all matters subject to this
Ordinance. The court shall not waive this surcharge.
(c) The funds collected pursuant to this Ordinance shall be used to fund state court
facilities. Funds collected pursuant to this Ordinance shall be expended as provided by the
Board of County Commissioners in consultation with the Chief Judge.
Section 2. Amendments to Section 318.18(13), Florida Statutes.
Amendments to Section 318.18(13), Florida Statutes, if any, shall be deemed
automatically included by reference, as of the effective date of the respective amendment(s),
unless: the Board of County Commissioners is required to make a decision with regard to the
amendment; or the amendment(s) delegates a discretionary (local option) decision to the Board
of County Commissioners and the Board of County Commissioners determines that the
discretionary (local option) provision(s) shall not apply within Collier County, or shall apply
within Collier County only as locally modified by the Board of County Commissioners.
Section 3. Conflict and Severabilitv.
In the event this Ordinance conflicts with any other ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any section, subsection, sentence, clause,
phrase or provision of this Ordinance is for any reason held invalid or unconstitutional by any
court of competent jurisdiction, such holding shall not be construed to render the remaining
provisions of this Ordinance invalid or unconstitutional.
Section 4.
Inclusion in 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 numbered or
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re-lettered to accomplish such, and the word "ordinance" may be changed to "section",
"article", or any other appropriate word.
Section 5.
Filin2 of Ordinance: Effective Date.
A certified copy of this Ordinance shall be filed with the Department of State by the
Clerk of the Board of County Commissioners within ten (10) days after enactment by the
Collier County Board of County Commissioners, and shall take effect July 1,2004.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this):;).. V\ol day of
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, 2004.
ATTEST:
DWIGHT E. BROCK, Clerk
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BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
DO
This ordinance filed with the
Secretary of State's Office the
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and acknowledgement of that
filing received this '1 ti'\ doy
of Ju.l~~'i.~
By tò. I~
Deputy Clerk
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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 2004-43
Which was adopted by the Board of County Commissioners
on the 22nd day of June 2004, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 24th
day of June, 2004.
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex-officio to Bq~r·¢E~f>.
County Commissíone'rs "'<:\~-,
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By: Linda A~'H9u.tzêr'·~""·~'~·_~
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Deputy CD:~;rk;''';',,, ;-~;,~\..:.
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