Ordinance 93-16 %.'~*,.'o ORDI~,,U~C~ ~O. 93-16
EST aLZS.Z G S VZCS Cm RG S $
OR ~B O~ ~OR ~R
~O ~ CO~Z~ CO~
O~ CO~I~R CO~Y~ PROVZDI~G ~OR
~ ~S~ Collie= County an~ its a~encles ~=e~ently =eceive
~,, ~ecks, ba~ d~a~ts, and o~er orders ~or the pa~ent o~ money to
~,, Collier Count~ or to ~n ~enc~ c~ Collier Count~ a~d
~S~ such checks, drafts, or other orders are on
occasion dishonored when the County or Agency attempts to convert
;.' them into cash or to the credit of an account~ and
~;~ ~S, Section 125.0105, Florida Statutes, provides ~at
~.' ~e governing b~y of a county may adopt and impose a se~ice fee
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· ~= of $~0 or 5 percent of the face amount of a check, draft, or
'. order, whichever is geater, for ~c collection of a dishonored
[:, check, draft, or o~er order for ~e pa~ent of money to a County
~"' Official or Agency.
NOW, ~t~FO~, BE IT O~AINED BY ~IE BO~ OF CO~
,[. CO~ISSION~S OF CO~I~ CO~, ~RIDA ~att
,
,~, ~. FI~INGS ~ P~OSE
:,.* ~e Board of County Co~issioners of Collier County,
'~.
:: Florida, (hereinafter the "Board") hereby finds that collection
of dishonored checks, drafts, and other orders to pay money to a
Collier Co~ty Official and/or Agency has direct and indirect
costs including, but not limited to, employee labor, use of
utilities and f~cil~t~es, and e~enditure of money.
It is the pu~ose of this ordinance to authorize collection
of a se~ice fee'as au~orized by. Section 125.0105, Florida
..... ' Statuten, for any efforts to collect any dishonored check, draft,
or other order for the pa~ent of money delivered to any Collier
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County Official or any Agency of Collier County.
~ION ~. TITLE ~D CITATION
~is Ordinance sh~ll be known and may be cited as the "Collier
County Dishonored Check Ordinance."
"· SE~J~_~Z. KPPLIC~BILITY
~.: This Ordinance shall apply to and may be enforced in all
..:"~' areas of Collier County, including.within municipalities- With
regard to the applicability or'enforcaabllity of this Ordinance,
it is immaterial as to where a dishonored check, draft or other
order for the payment of money was delivered to any Collier
County Official or Agency.
~. DEFINITIONS
The follo~"g wo~as, phrases or terms as used in this
'~i2'' · "?V:
ordinance shall have the following meanings unless the context
clearly indicates otherwise=
l'j' "Agen~'means Collier county, ana any entity of Collier
· ~.. ~C.~'Z ....... ~ ·
County Government including ever~ department, division, bureau,
commission, authority, or dependent district. Agency shall also
mean and include the Tax Collector, Property Appraiser, Sheriff,
Supervisor of Elections, and the Clerk of the Circuit Court.
2. "Official" means any individual employed by any Agent7
in whom is vested the authority bY law, ordinance, resolution,
rule or regulation, or who has been delegated authority, to
...... receive on behalf of the respective Agency, any check, draft, or
other order for the payment of money to any such Official or
Agency. :
3. RCheck, draft, or other order" means any negotiable
instrument, bank draft, certificate of deposit, escrow account,
or any other item delivered to the possession of any Official or
Agency and that directs any third party individual or entity to
pay money, conditionally or unconditionally, to any such Official
or Agency, including an~ such item delivered as security for
payment of any monetary obligation of any description.
~. SERVICE FEE FOR DISHONORED CHECK
1. There is hereby adopted, subject to this ordinance, a
service fee of $20.00 or five percent (5%) of the face amount of
the check, draft or order, whichever is greater, for the
collection of a dishonored check, draft or other order for the
payment of money to a Collier County ~tT1 or Agency. BOOK
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2. The service fee imposed hereby shall be in addition to
.' ' all other penalties imposed by law for the dishonor of any check,
~Z;" draft, cr other order for the payment of money.
3. The procemds of any such service fee shall be retained
by the collector of the service fee.
4. This Ordinance and the service fee imposed hereby shall
.' be applicable to any dishonored check, draft or other order
.,:, currently held or hereafter received by any Collier County
official or Agency as herain defined.
5. The Tax Collector, Property Appraiser, Supervisor of
+ -.: Elections, Clerk of the Circuit Court, and the Sheriff are hereby
authorized but not required to impose and ~ollect the service fee
!'. adopted by this ordinance.
2lCTa~L]- 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 this
· ~: ' Ordinance is held invalid or unconstitutional by any court of
competent Jurisdiction, such portion shall be deemed a separate,
.:'~r. distinct and independent provision and such holdin~ shall not
'~= affect the validity of the ramainin~ portion.
f.
'i!' Jy~~. EFFECTIVE DATE.
This Ordinance shall become effective upon receipt of
from the Secretary of State that this Ordinance has been
with the Secretary of State.
1.,~/. PASSED AND DULY ADOPTED by the Board of County Commission~rs
'e. of Collier County, Florida, this ~ day of~a~______1993.
"'.l:.- ... · ' l' r BOARD OF COUNTY COMMISSIONERS
.:. ] · ~'ATTESTt ' / ~s COLLIER COUNTY, FLORIDA
'j' DWIGRT E. BROC~
!~ ' d to
V O
Secure./of StQte's 0 floe
Thomas C. Palmet
end ecknowled~ement ~
;.. Assistant County Attorney o l~-"9 ,ece~,ed~dq~' .
STATE'OF FLORIDA
OF COLLIER
I, ~WIOHT E. BROCK, Clerk of Courts in and fo~ the
Twentieth Judicial CIrcuit, Collier County. Florlda, do
hereby certify that the foregoing is a true copy of:
Ordinance No. 93-16
which waa adopted by the Board of County Commissioners on
the 23rd day of March, 1993, during Regular Session.
WITNESS my hand and the official seal of the Board
~"'County Commissioners of Collier County, Florida, this 24th
day of March, 1993.
. DWIOHT E. BROCK
"=~ Clerk of Courts and Clerk,,'%',::-~ '..,,
"' Ex-officio to Board of ~::~ · .'
"; County 'Commissioners.' .';' '.
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