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Agenda 07/28/2009 Item #17H_oer,ida Item No. 17H July 28, 2009 Wage 1 of 6 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners adopts an Ordinance amending Ordinance No. 2004 -43, by increasing the surcharge imposed for non- criminal traffic infractions set forth in Chapter 318, Florida Statutes, and those offenses enumerated in Section 318.17, Florida Statutes, from $15.00 to $30.00, in order to implement recent legislation amending Section 318.18(13), Florida Statutes. OBJECTIVE: That the Board of County Commissioners (Board) adopts the attached Ordinance amending Ordinance No 2004 -43, by increasing the surcharge imposed for certain non - criminal traffic infractions and those offenses enumerated in Section 318.17, Florida Statutes, from $15.00 to 530.00, to be consistent with recent amendments to Section 318.18(13), Florida Statutes, as enacted by the 2009 Florida Legislature. CONSIDERATIONS: Article V, Section 14 of the Florida Constitution places the burden on Counties to fund state court capital costs. To help Counties with this funding obligation, in 2004 the Legislature authorized Counties to impose a surcharge on certain non - criminal traffic infractions and certain enumerated criminal violations. Collier County implemented this surcharge by adopting Ordinance No. 2004 -43. The maximum surcharge has been raised this year by the Legislature from $15 to $30. The proposed amendment incorporates this increase into the Ordinance. Funds collected by this surcharge will be expended by the Board of County -~ Commissioners in consultation with the Chief Judge. FISCAL IMPACT: Estimated annual revenue from the surcharge increase is $500,000 ($1 million ni total) and is included in the FY 2010 budget as a revenue source. Although there is no requirement to impose this surcharge, a decision to not fully implement the maximum authorized surcharge will require substitute revenue sources. GROWTH MANAGEMENT IMPACT: None. LEGAL CONSIDERATIONS: This proposed. Ordinance was drafted by the County Attorney and is legally sufficient for Board action. This a regular agenda item requiring simple majority vote. - JAK STAFF RECOMMENDATION• That the Board of Comity Commissioners adopts the attached Ordinance amending Ordinance No 2004 -43, by increasing the surcharge imposed for non - criminal traffic infractions set forth in Chapter 318, Florida. Statutes, and those offenses enumerated in Section 318.17, Florida Statutes, from S15.00 to $30.00, consistent with recent amendments to Section 318.18(13), Florida Statutes. PREPARED BY: Jeffrey A. Klatzkow, County Attorney Page IofI A enr..'r.a It °rig r,JD. 17H !- lv 28. 0,",9 i je2of6 file: / /C:1AL,endaTest \Exnor-t\ 133- .Iuly %2 029_% 202009 \17. %20SI JMMARY%,20AC,FNnA\.._ 7/22/2009 COLLIER COUNTY BOARD CF COUNTY COMMISSIONERS Item Number: 17H Item Summary: Pecommendation that the Board of County Commissioners adopts an Ordinance amending Ordinance No. 2004 -43 by increasing the surcharge imposed for non - criminal traffic infractions set forth in Chapter 318_ Florida Statutes, and those offenses enumerated in Section 318.17, Florida Statutes, from $15.00 to S30.00. order to implement recent legislation amending Section 318.18(13), Florida Statutes. Meeting Date: 71128,12009 9:00:00 AM Prepared By Jeff Klatzkow County Attorney Date County Attorney County Attorney Office 712.'2009 9:01:09 AM Approved By Jeff Klatzkow County Attorney Date County Attorney County Attorney Office 717,2009 10:48 AM Approved By OMB Coordinator OMS Coordinator Date County 3'ifianager's Office Office of Management & Budget 711712009 12:545 PM Approved By Randy Greenwald fJanagementlBudget Analyst Date County Mlarag er's Off i e 41 �'Ib...9�FL CSr. JiFt.`i.IC. C.ff:ce `ftlanag le ° n . t 71'1 7'20x9 4:41 PM Approved By Leo E. a ^chs, Jr. Depuiy County W,,anager Date Rnard of C_ounYk, County PJlarsager's Office 7,`1z;l2009 12:30 PM Commissioners file: / /C:1AL,endaTest \Exnor-t\ 133- .Iuly %2 029_% 202009 \17. %20SI JMMARY%,20AC,FNnA\.._ 7/22/2009 ORDINANCE NO. 2009- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2004 -43, BY INCREASING THE SURCHARGE IMPOSED ON CERTAIN ENUMERATED TRAFFIC VIOLATIONS AND OFFENSES FROM $15.00 TO $30.00; PROVIDING FOR CONFLICT AND SEVERABILITll; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on November 3, 1998, the voters of the State of Florida adopted Revision 7 to the Florida Constitution which amended Article V of the Constitution to provide funding to the State's court systems, which revision is set forth in Section 14 of Article V of the Constitution of the State of Florida; and WHEREAS, pursuant thereto, the Florida Legislature added a new Subsection (13) to Section 318,18, Florida Statutes, to provide a supplemental funding source by allowing each county to adopt an ordinance assessing a surcharge, not to exceed S15.00, for those non - criminal w altit, 11111actlons set lOiL11 In Cllapte-, Jib, Florida Statutes, and certain criminal violations enumerated in Section 318. 17, Florida Statutes; and j> TJT:r RT'AC ;1_ ')(Inn r ,.;,,t, c- _'_ .?- T__: uG`16.utiV'e ��S�ivi�, rile Lc isia -ire anien'ed JCCtlon 318.18(13) increasing the maximum surcharge to 530.00; and WHEREAS, the Board of County Commissioners desires to amend Section 1 of Ordinance No. 2004 -43, to reflect the 2009 Florida Le,rnslature's amendment to Section 318.18(13), Florida Statutes. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COLTINTY COMMT .STONER_S OF ('C)T I TET{ C(_ tT WT y G'I CID ln n t., .. vu, i 11U "L" al uuucU, VV ()I 3H3t n , i R are deleted. Page I of SECTION ONE: AMENDMENT TO SECTION I OF ORDINANCE NO. 2004 -43. Section 1 is hereby amended to read a follows: Section 1. Surcharge 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 $30.00 (Thirty 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 he 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 TWO: CONFLICT AND SEVERABILITY. In the evert 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. Words Ti nderlined are added, Words &"ek Thfough are deleted. Page 2 of 3 ft SECTION THREE: 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 Ordinances may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION FOUR: EFFECTIVE DATE. This Ordinance shall be effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of ATTEST: DWIGHT E. BROCK, CLERK , Deputy Clerk 2009. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA B_v: DONNA FIALA, CHAIRMAN v,'ords Underlined are added, words `t ek l reug- are deleted. Page 3 of 3 Agena'a ! }} O t4lm No. W �§ P as is, j .0l 5 Dai113 News 2F Friday, July 17, 2009 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on Tuesday, July 28, 2009, n the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiaml Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will com- mence at 9:00 A.M. The title of the proposed Ordi- nance is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COM AMENDINGSORDINANCE NO. 2004 -43,N Y,INCR INCREASING THE SURCHARGE IMPOSED ON CERTAIN ENUMERAT- ED TRAFFIC VIOLATIONS' AND OFFENSES FROM $15.00 TO $30.00; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspec- tion. All interested, .parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County- administrator. prior to presentation of the agenda item to be ad. dressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted IG minutes to speak on an item. Persons wishing to have written or graphic ma- terials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written shalerbess bmitdted to the appropriatebCounty Bstaff a minimum of seven days prior to the public hear- ing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and .therefore, may need to en- sure that a verbatim record.of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this pro- ceeding; you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 3301 Tamiami Trail East, Building W, Napies, Florida 34112, (239) 252.8380. Assisted Us- tenmg devices for the hearing impaired are avail- able in the County Commissioners' Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DONNA FIALA, CHAIRMAN DWIGHT E. BROCK, CLERK By: %Teresa Polaski, Deputy Clerk (SEAL) July 17. 2009 NoiAnaaR�