Ordinance 2009-41
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l \~~'~, {p\ ORDINANC:RD:AN~H:O. 2::~ OF COUNTY
~ ~\\\() ~ ~ OMMISSIONERS OF COLLIER COUNTY, FLORIDA,
~ b l\MENDING ORDINANCE NO. 2004-43, BY INCREASING THE
<=o\!, ~'\J__ SURCHARGE IMPOSED ON CERTAIN ENUMERATED
6'~&2'lZ 7.c;t'O~ TRAFFIC VIOLATIONS AND OFFENSES FROM $15.00 TO
9 $30.00; PROVIDING FOR CONFLICT AND SEVERABILITY;
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 $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, during its 2009 Legislative Session, the Legislature amended Section
318.18(13) increasing the maximum surcharge to $30.00; and
WHEREAS, the Board of County Commissioners desires to amend Section 1 of Ordinance
No. 2004-43, to reflect the 2009 Florida Legislature's amendment to Section 318.18(13), Florida
Statutes.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
Words Underlined are added; Words 8truek lkoHgh are deleted.
Page 1 of3
SECTION ONE: AMENDMENT TO SECTION 1 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 (Fifteen Dollars) $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 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 TWO: 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 ofthe 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 Underlined are added; Words 8tmek Through are deleted.
Page 2 of3
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 '2.~day of :r u \'-4.
,
,2009.
ATTEST: ~ ~ "!.-,~
DWIGfft E:'t3ROC&, CLERK
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Ap roved as to form
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BOARD OF COUNTY COMMISSIONERS
COLLIER CO TY, FLORIDA
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By:
DONNA FIALA, CHAIRMAN
This ordinance filed with the
Secretory of State's Office the
~ daV of~, 1-a:Fr
and acknowledgement of that
fili received this day ,
of
Words Underlined are added; Words 8tmek Thnmgh are deleted,
Page 3 of3
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 2009-41
Which was adopted by the Board of County Commissioners
on the 28th day of July, 2009, 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, 2009.
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex-officio to Bo~rd ot,
County Commissioners
By: Martha Ve~8ar ,
Deputy Clerk- ,