HomeMy WebLinkAbout06-039
ORDINANCE NO. 06-039
AN ORDINANCE AMENDING CHAPTER 1-2.5 - "ALARM
SYSTEMS" OF THE CODE OF ORDINANCES OF ST. LUCIE
COUNTY, FLORIDA; THEREBY AMENDING SECTION 1-
2.5-14 "DISBURSEMENT OF SERVICE CHARGES TO
PROVIDE THAT ALL FEES AND CHARGES THAT WOULD
OTHERWISE BE ASSESSED OR COLLECTED BY THE
SHERIFF SHALL BE PAID TO ST. LUCIE COUNTY;
PROVIDING FOR SEVERABILITY, APPLICABILITY AND
EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made
the following determinations:
1. On November 17, 1987, the Board of County Commissioners of St. Lucie County,
Florida ("the Board") adopted Ordinance No. 87-44 (the "Ordinance") creating the St. Lucie
County Alarm Systems Ordinance; and,
.,
2. Pursuant to the adopted Ordinance, alarm users are charged service fees by
the County for responses to excessive false alarms by law enforcement agencies; and,
3. Under existing state law (Section 30.51, Florida Statutes) all fees and charges
collected by the Sheriff must be paid to the County; and,
4. To date, the Tax Collector has followed the practice of remitting to the County
all service fees and charges assessed by the County for responses by the Sheriff to
excessive false alarms; and,
5. This Board believes that it is in the best interest of the health, safety and
welfare of the citizens of St. Lucie County to clarify the Ordinance to ratify the Tax
Collector's past practice and to clarify that existing state law provides that all service fees
and charges collected by the County under the Ordinance, for the services of the Sheriff in
responding to false alarms, shall be remitted by the Tax Collector to the County; and,
6. This amendment is a clarification of existing law and no past or future transfer
by the Tax Collector to the County of fees and charges for responses by the Sheriff for
excessive false alarms shall be set aside.
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NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA:
PART A:
Section 1-2.5-14 "Disbursement of service charges" is amended to read
as follows:
Sec. 1-2.5-14.
Disbursement of service charges.
Service charges will be disbursed to the fine and forfeiture accounts of each law
enforcement agency and the general fund of the St. Lucie County/Fort Pierce Fire District
which responded to the false alarm or in a manner as agreed to by all affected agencies.
Pursuant to Section 30.51. Florida Statutes all service fees and charges assessed for
services of the Sheriff shall be remitted to the County.
PART B.
SEVERABILITY .
If any portion of this ordinance is for any reason held or declared to be
unconstitutional, inoperative or void, such holding shall not affect the remaining portions of
this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to
any person, property, or circumstance, such holding shall not affect its applicability to any
other person, property, or circumstance.
PART C.
APPLICABILITY OF ORDINANCE.
This ordinance shall be applicable throughout St. Lucie County's jurisdiction, including
the incorporated areas even in the absence of inter local agreements with the affected
municipalities.
PART D.
EFFECTIVE DATE.
This Ordinance shall take effect upon filing with the Secretary of State; provided,
however, this Ordinance is a clarification of existing law.
PART E.
ADOPTION.
After motion and second, the vote on this ordinance was as follows:
Chairman Doug Coward
Vice Chairman Chris Craft
Commissioner Joseph E. Smith
AYE
AYE
AYE
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,
Commissioner Paula A. Lewis
Commissioner Frannie Hutchinson
AYE
AYE
PART F.
CODIFICATION.
Provisions of this ordinance shall be incorporated in the Code of Ordinances of St.
Lucie County, Florida, and the word "ordinance" may be changed to "section", "article", or
other appropriate word, and the sections of this ordinance may be renumbered or relettered
to accomplish such intention; provided, however, that Parts B through F shall not be codified.
PASSED AND DULY ADOPTED this 1st day of August, 2006.
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