Agenda 04/12/2011 Item #16F3
4/12/2011 Item 16.F.3.
EXECUTIVE SUMMARY
Recommendation to authorize a Budget Amendment appropriating $37,110 that
will provide funding for the Legal Aid Society within the Courts System to cover
Article V revenue shortfall for FY 2011.
OBJECTIVE: Obtain authorization from the Board of County Commissioners for a budget
amendment appropriating $37,110 from the General Fund (001) to assist in covering the
shortfall of Article V revenues the Courts experienced in FY 2011.
CONSIDERATIONS: Section 939.185, Florida Statutes, allows each county to adopt an
ordinance assessing additional court costs not to exceed $65 under Article V of the Florida
Constitution. Collier County adopted Ordinance No. 04-42 on June 22, 2004. This ordinance
established the programs and their respective percentages they are to receive from these
revenues. The revenues have declined over the past five years with the budgets being limited
as well. Current year revenues are anticipated to be equal to or less than $37,110 short of
expenses.
The Legal Aid Society revenue will be monitored as additional funds are received from the
courts and only an amount equal to or less than the additional $37,110 will be transferred. This
transfer of funds is intended to make the funding equal to the FY 2003 funding level of
$108,310.
FISCAL IMPACT: Funds are available from reduced General Fund (001) costs for Remittances
to Other Governments in Other General Administrative. The Legal Aid Society Fund (652) will
reduce its Legal Fees revenue and establish a transfer from the General Fund. The overall fund
balance of this fund will not change.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with
this Executive Summary.
LEGAL CONSIDERATIONS: The County entered into an Agreement dated December 14,
2004, with Collier County Legal Aid. This Agreement, which was extended on June 22, 2010,
was entered into pursuant to Ordinance 2004-42, which Ordinance was written in response to
the legislative mandate of Section 29.008, Florida Statutes, which mandate was funded
pursuant to Section 939.185, Florida Statutes. The Agreement provides that the minimum
funding for Collier County Legal Aid in any given fiscal year is the greater of (1) twenty-five
percent of the amount actually collected to assist Collier County in providing legal aid programs
required under Section 29.008(3)(a), Florida Statutes, or (2) the amount provided from filing
fees and surcharges to legal aid programs from October 1, 2002, to September 30, 2003, which
I understand was $108,309.66. A copy of this Agreement, together with a memorandum I
drafted on this issue in 2005, is attached as back-up to this agenda item. Accordingly, the
Board has no discretion but to approve this Budget Amendment. -JAK
RECOMMENDATION: That the Board authorizes a Budget Amendment to provide funding
from the General Fund (001) to cover revenue shortfalls equal to or less than the amount of
$37,110 to the Legal Aid Society Fund (652).
-
PREPARED BY: Randy Greenwald, Management & Budget Analyst, Office of Management &
Budget
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4/12/2011 Item 16.F.3.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.F.3.
Item Summary: Recommendation to authorize a Budget Amendment appropriating
$37,110 that will provide funding for the Legal Aid Society within the Courts System to cover
Article V revenue shortfall for FY 201l.
Meeting Date: 4/12/2011
Prepared By
Name: HutchinsonBarbetta
Title: Executive Secretary,Office of Management & Budget
3/2912011 12:51:52 PM
Submitted by
Title: Executive Secretary,Office of Management & Budget
Name: HutchinsonBarbetta
3129/2011 12:51:53 PM
Approved By
Name: KlatzkowJeff
Title: County Attomey,
Date: 3/30/2011 11 :49:59 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 3/30120113:14:21 PM
Name: IsacksonMark
Title: Director,Corp Financial and Mgmt Svs,CMO
Date: 414/20 II 2:40:41 PM
Name: OcbsLeo
Title: County Manager
Date: 41412011 3:01 :55 PM
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4/12/2011 Item 16.F.3.
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,. ,~oi ~ANCE OF THE BOARD OF COUNTY COMMISSIONERS:OF "'.
~ CO R. COUNTY, FLORIDA, PROVIDING FOR IMPOSITION' OF ~
~~SI:- ~.. TIONAL COURT COSTS IN CRIMINAL CASES; ALLOCATWN '.1
1>I:1Z FUNDS RECEIVED FROM ADDITIONAL COURT CO~&; ~,
PROVIDING FOR AMENDMENTS TO SECfION 939.185, FLOIrnfA: -'
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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ORDINANCE NO. 04- ~
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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 sel 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 created Section 939.185, Florida Statutes, to
address some of these concerns by providing a supplemental funding source through additional
court costs, which Section is effective July I, 2004; and
WHEREAS, Section 939.t85, Florida Statutes, allows each county to adopt a county
ordinance assessing additional court costs not to exceed $65.00 when a person pleads guilty or
nolo contendere to, or found guilty of, any felony, misdemeanor, or criminal traffic offense
under the laws of this state; and
WHEREAS. the additional funding must be allocated, in equal parts for: (1) funding
innovations in the court system; (2) legal aid programs: (3) local law libraries; and (4)
alternative juvenile programs; and
WHEREAS, these are programs that the County has consistently supported through
court costs based on their value to the community; and
WHEREAS, the legislation allowing these additional costs requires that the local Board
of County Commissioners enact local legislation incorporating these costs; and
WHEREAS, these additional funds are necessary in order for the courts in Collier
County to maintain their high level of service to the public.
Page I 013
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4/12/2011 Item 16.F.3.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of
Collier County, Florida, that:
Section 1.
Additional Court Costs in Criminal Cases.
(a) Pursuant to Section 939.185, Florida Statutes, an additional court cost of $65.00
(Sixty-Five Dollars) shall be imposed by the court when a person pleads guilty or nolo
contendere to, or is found guilty of, any felony, misdemeanor, or criminallraffic offense under
the laws of this state. Such additional assessment shaH be accounted for separately. is to be
used only in Collier County, and is to be allocated as follows:
I. Twenty,five percent (25%) of the amount collected shall be allocated to
fund innovations to supplement state funding for the elements of the state
courts system identified in Section 29.004, Florida Statutes, and county
funding for local requirements under Section 29.008(2)(a)2, Florida
Statutes.
2. Twenty-five percent (25%) of the amount collected shall be allocated to
assist Collier County in providing legal aid programs required under
Section 29.008(3)(a), F10nda Statutes.
3. Twenty-five percent (25%) of the amount collected shall be allocated to
fund law personnel and legal materials for the public as part of a law
library.
4. Twenty-five percent (25%) of the amount collected shall be used as
detennined by the Collier County Board of County Commissioners to
support teen court programs, juvenile assessment centers, and other
juvenile alternative programs in Collier County.
(b) Any unspent funds at the close of the county fiscal year allocated under
subparagraphs 2, 3, and 4, shall be transferred for use pursuant to subparagraph 1.
(c) The court shall order a person to pay these additional court costs in all matters
subject to this Ordinance. If the person is detennined to be indigent, the Clerk shall defer
payment of this cost.
Section 2. Amendments to Section 939.185, Florida Statutes.
Amendments to Section 939.185. Florida Statutes, if any, shalJ be deemed automaticalJy
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
rage 2 of3
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4/12/2011 Item 16.F.3.
amendment(s) delegales a discretionary (local option) decision to the Board of County
Commissioners and the Board of County Commissioners detennines that the discretionary
(local option) provision(s) shall not apply wilhin Collier County, or shall apply within Collier
County only as locally modified by the Board of County Commissioners.
ConOlct and Severabllitv.
Section 3.
In the event this Ordinance conflicts with any other ordinance of Collier County or other
applicable law I 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 constnled 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
re-lettered to accomplish such, and the word "ordinance" may be changed to "section",
"article", or any other appropriate word.
Section 5.
Filine 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 I, 2004.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this ~'"-",t day of ::r;: n ~
,2004.
A TrEST:
DWIGHT ~,.~~~\fl€!';;,Clcrk
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BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
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DON A FIALA, Chainnan
By:
Page 3 of 3
This ordinonc:e filed with tht-
Secretory of State's Office the
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and acknowledgement of that
filing received this ~ day
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4/12/2011 Item 16.F.3.
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 2004-42
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 tOl3oa~ct:iOf'~":,
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County Commissi~ners ....:::~,
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By: Linda A..,.S6l.i'tzer'-.',......'.-.,'
Deputy Clerk::::......:;.;/ .
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4/12/2011 Item 16.F.3.
OFFICE OF THE COUNTY ATTORNEY
MEMORANDUM
TO:
David C. Weigel
FROM:
Jeffrey A. Klatzkow
DATE:
August 18, 2005
RE:
Legal Aid Funding
You have asked my opinion on the required annual County funding for Legal Aid.
Summary Answer
For the reasons set forth below, 1 believe that the minimum funding for Collier County
Legal Aid in any given fiscal year is the greater of (1) twenty-five percent of the amount
actually collected to assist Collier County in providing legal aid programs required under Section
29.008(3)(a), Florida Statutes, or (2) the amount provided from filing fees and surcharges to
legal aid programs from October 1, 2002, to September 30, 2003, which 1 understand was
$108,309.66. Therefore, the County is obligated to make available to the Legal Aid Society aU
funds collected for this program as long as the appropriate receipts are provided to the County
for reimbursement, or $108,309.66, whichever is greater. As set forth below, funding of legal
aid by the Counties was mandated by the Legislature, which also provided a funding mechanism.
There is accordingly no discretion on the County's part with respect to minimum funding of
legal aid, though the County is free to provide additional funding beyond the statutory
requirements, should it wish.
Discussion
On December 14, 2004, Collier County entered into an agreement with the Legal Aid
Service of Broward County, Inc., d/b/a the Legal Aid Service of Collier County ("Legal Aid")
entitled "Agreement for Collier County Partial Funding of the Collier County Legal Aid." The
Agreement, which runs for three years, terminating September 30, 2007, provides in relevant
part as follows.
"Pursuant to Collier County Ordinance No. 2004-42, as authorized by Sections
939.185(a)(2) and 29.008(3)(a), Florida Statutes. the County hereby establishes a budget for the
purpose of assisting with partial funding to staff, equip. furnish and operate a legal aid office for
the representation of qualified indigent residents of Collier County. Said budget for
expenditures shall be established annually by the County and shall include all funds collected
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4/12/2011 Item 16.F.3.
pursuant to Collier County Ordinance No. 2004-42 for Legal Aid but shall not be less than the
amount mandated by Section 29.008(3)(a), Florida Statutes. "
This Agreement was based on Collier County Ordinance No. 2004-42, which provides in
relevant part as follows:
"Section 1. Additional Court Costs in Criminal Cases.
(a) Pursuant to Section 939.185, Florida Statutes, an additional court cost of
$65.00 (Sixty-Five Dollars) shall be imposed by the court when a person pleads guilty or nolo
contendere to, or is found guilty oj. any felony, misdemeanor, or criminal traffic offense under
the laws of this state. Such additional assessment shall be accountedfor separately, is to be used
only in Collier County, and is to be allocated as follows:
2. Twenty-jive percent (25%) of the amount collected shall be allocated to assist
Collier County in providing legal aid programs required under Section
29.008(3)(a), Florida Statutes."
This Ordinance was drafted in response to a legislative mandate set forth in Section
29.008, Florida Statutes, which provides in relevant part as follows:
"29.008 County funding of court-relatedfunctions.
(2) Counties shall pay reasonable and necessary salaries, costs, and expenses of the state courts
system, including associated staff and expenses, to meet local requirements.
(a) Local requirements are those specialized programs, nonjudicial staff, and other expenses
associated with specialized court programs, specialized prosecution needs, specialized defense
needs, or resources required of a local jurisdiction as a result of special factors or
circumstances. Local requirements exist:
I. When imposed pursuant to an express statutory directive, based on such factors as provided in
paragraph (b); or
(3) Thefollowing shall be considered a local requirement pursuant to subparagraph (2)(a)1.:
(a) Legal aid programs, which shall be fUnded at a level equal to or greater than the amount
provided from filing fees and surcharges 10 legal aid programs from October I, 2002, to
September 30, 2003. "
To fund this legislative mandate, Section 939.185, Florida Statutes provides in relevant
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4/12/2011 Item 16.F.3.
part as follows:
"939.185 Assessment of additional court costs and surcharges.-
(1)(0) The board of county commissioners may adopt by ordinance an additional court cost, not
to exceed $65, to be imposed by the court when a person pleads guilty or nolo contendere to, or
is found guilty of, any felony, misdemeanor, or criminal traffic offense under the laws of this
state. Such additional assessment shall be accounted for separately by the county in which the
offense occurred and be used only in the county imposing this cost, to be allocated as follows:
2. Twenty-five percent of the amount collected shall be allocated to assist counties in providing
legal aid programs required under s. 29.008(3)(a).
Accordingly, under the terms of our Agreement with Legal Aid, which Agreement was in
keeping with Ordinance 2004-43, which Ordinance was written in response to the legislative
mandate of Section 29.008, Florida Statutes, which mandate was funded pursuant to Section
939.185, Florida Statutes, the minimum funding for Collier County Legal Aid in any given
fiscal year is the greater of (I) twenty-five percent of the amount actually collected to assist
Collier County in providing legal aid programs required under Section 29.008(3)(a), Florida
Statutes, or (2) the amount provided from filing fees and surcharges to legal aid programs from
October I, 2002, to September 30, 2003, which I understand was $108,309.66. As indicated
above, to the extent that Legal Aid properly submits invoices to the County for costs covered by
its 25% portion of the $65 fee collected, it shall be funded up to the extent of the 25% allocation
of collected fees for the fiscal year. A budget amendment, as discussed, would be required to
effectuate this fiscal requirement, if the facts are there.
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