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Ordinance 98-065 ORDINANCE NO. 98- 65 ~"/ AN ORDINANCE RELATING TO THE APPROPRIATIO ~ ~_ ., or COUNTY FUNOS RECARDING A PROPOSE' STATE COURT SYSTEM; PROVIDING FOR TITLE AND CITATION; MAKING LEGISLATIVE FINDINGS AND DECLARING A VALID PUBLIC PURPOSE; DIRECTING TRANSFER OF FUNDS FROM RESERVES IN THE COUNTY GENERAL FUND TO THE FLORIDIANS FOR -~ "' FAIRNESS IN COURT FUNDING (FFCF) TO INFORM '~." 77 " CITIZENS AND ENCOURAGE VOTER APPROVAL OF "5~ THE PROPOSED AMENDP, iENT; PROVIDING FOR AN AGREEMENT WITH THE FFCF; PROVIDING FOR OVERSIGHT AND ACCOUNTING OF THE FUNDS BY THE COUNTY AND/OR THE CLERK OF THE CIRCUIT COURT; PROVIDING FOR INCLUSION IN THE CODE OF LAWS ,~.ND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, in 1972, the people of this state approved a revision of Article V of the Constitution of the State of Florida to provide for a unified state court system and to avoid what was then a patchwork,of locally financed systems of justice. However, the language of the revised Article V failed to specify the responsibility of the state to fund its court system; and WHEREAS, since 1972, the state's funding of its court system has not kept pace with the tremendous demands of statewide growth and increased criminal activity. Unfortunately for the citizens of this state, the burden of making up the shortfall in court system funding has fallen increasingly on the shoulders of local county property taxpayers. Reliable estimates show that counties currently contribute over a half-billion dollars to the operation of the state court system each year. Counties expend $32 million annually to fund public defender conflict and overload cases alone. This means that 53% of the total expenditures for the state court system ar~ borne by county taxpayers; and WHEREAS, counties have little control, if any, over the cost or administration of the state's court system as this authority is spread among the judiciary, the legislature and the clerks of the court. Thus, contrary to principles of good government, the taxing power is severed from the spending power to the extent that counties must pay for th~ state's court system; and WHEREAS, in the allocation of taxing power under Article VII of the Florida Constitution, counties do not have access to as many revenue sources as the State Legislature. All county tax sources are capped as to rates or ax~ limited as to the types of programs and facilities that may be funded with each source. Other than ad valorera taxes, counties cannot levy taxes except as authorized by the Legislature by general law. In contrast, the Legislature may enact general laws levying taxes for its own expenditures and is not dependent upon asking another governmental entity to create additional revenue sources; and WHEREAS, the Constitution Revision Commission (CRC) recently approved certain proposed amendments to the Florida Constitution. The CRC will place those amcndmants on the ballot for consideration by the voters at the November, 195}8 Cvcncral Election; and WHEREAS, the CRC has approved a proposed nmcndmant to Article V of the Constitution that will alter the f~nding of the state court system and relieve the counties and their taxpayers of some portion of the burden of the state court systcrn and shift that burden - qnitc properly - to the state. The amendment will require the state to better fund its system and relieve local taxpayers of some portion of this burden; and WHEREAS, the Floridians for Fairness in Court Funding C/~C"F) is a "political committee" established by the Florida Association of Counties pursuant to Chapter 106 of the Florida Statutes for the purpose of conducting a referendum campaign to support an amendment to the Constitution to nvise the way the state court system is funded. FFCF will provide information to vetch about the proposed Article V amendment and will advocate the approval of the amendment at the GencTal Election. NOW, THEREFORE, BE IT ORDAINliD BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COLrNTY, FLORIDA that: SECTION 1: TITLE AND CITATION. This Ordinance shall be known and may be cited as the "Collier County Support for State Court System Alternative Funding Amendment Ordinance." SECTION 2: FINDINGS AND PURPOSE. The Board of County Commissioners of Collier County, Florida does hereby find and determine that counties have little control, if any, over the costs or the administration of the state court system. County revenue sources are limited or capped, and the costs of the state's court v/stem an rising. There is a real fear of unequal justice throughout the state under the current funding mechanisms. The state has the revenue sources at its disperil to fund its court system. It is in the best interegs of the taxpayen and residents of Collier County to revise the way the state's court system is funded as contemplated in the proposed amendment recently approved by the Constitution Revision Committee. Accordingly, the Board of County Commissioners hereby finds and declares that an expenditure of County funds in the amount of $32,120.00 payable to the Floridians for Fairness in Court Funding (FFCF) to inform voters throughout the state and encourage their approval of the proposed amendment to Article V of the Constitution of the State of Florida regarding funding for the state's court system serves a valid public purpose. The Board of County Commissioners desires to contribute funds to the FFCF to conduct a public information campaign to inform citizens and encourage voter approval of the proposed amendment. The County's payment to FFCF will be combined with payments or contributions from other counties, creating a pool of' funds to conduct an appropriate and customary campaign to increase voter understanding and elicit voter approval of the proposed amendment. SECTION 3: COUNTY OBLIGATIONS. The County shall pay, from reserves in the County general fund, to FFCF the sum of Fifty-two Thousand One-hundred-twenty Dollars (552,120.00) which is an amount that has been calculated based upon'S0.27 per Collier County resident, using a County population estimate of 193,036 residents. Payment shall be made in one lump sum or in such substantially equal periodic installments as the County Administrator shall elect; but, in any case, payment of all amounts obligated by the County hereunder shall be made in full on or before September 30, 1998. SECTION 4: AGREEMENT. The County shall enter into a written agreement with FFC"F dcd, ailing the obligations of the FFCF with regard to conducting the referendum campaign as pertains to the proposed constitutional amendment. SECTION 5: GENERAL ACCOUNTING: FFCF shall maintain adequate financial records concerning the expenditures paid by the County pursuant to the terms of the wzitten agreement provided for in this Ordinance, All financial records to provide back-up to the financial disclos~ required by the Secre~'y of State shall be available for review by the County or Clerk upon request, including how much money was spent on particular items, the recipient of the payment, and identification of the product or service purchased. SECTION 6: 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 tenumbered or re-lettered to accomplish such, and the word "ordinance" may be changed to "section," or any other appropriate word. SECTION 7: 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 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. SECTION 8: EFFECTIVE DATE. This Ordinance shall take effect upon filing with the Department of State. PASSED AN]3 DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this :~'. day of~'~ i,--[ , 1998. · DATED: BOARD OF COUNTY COMMISSIONERS [.' ~TTEST: OF COLLIER COUNTY, FLORIDA ~. ~ DWIGHT E. BROCK, Clerk · "': By: ~ ~ ~ i.:' Atta~tt as to Ch~r~/,'$'' /- // .~..: .....# ....... Th~s ordinonce fired w~l'h the Sec tory of tote's Office the -~-_~dc:y of ~ end ocknow:ec~geme t of thor fil~ received fs ~ ck~/ Approved a~ to form and of ~ legal sufficiency: ~Ob~./Zachary Assistant County Attorney STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Qollier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 98-65 Which was adopted by the Board of County Commissioners on the 28th day of July, 1998, 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, 1998. Clerk of Courts and Clerk Ex-officio to Board Of'~-"' .... :"':J'.7,. "'-.. County Commissi9 ersL" ."~ = "" ~ '~ .~...-~. ~ ... ,~ t;oun~y tjonlml~ . .'-. · .- : Maureen Kenyon -, '..~.' '. : :' F , .. . · . ~ J · .,, , ..:~ - "'...., .... .,J'