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HomeMy WebLinkAbout02-017ORDINANCE NO. 02-17 AN ORDINANCE CREATIN6 ARTICLE III (DRIVER EDUCATION SAFETY TRUST FUND) OF CHAPTER 1-7 (COURTS) OF THE CODE OF ORDINANCES ~F ST. LUCIE COUNT''/, FLOR'fDA, BY PROVIDING FOR AU~HORIT'Y FOR ENACTMENT PURSUANT TO THE "DOR'r 5LOSBERG DRIVER EDUCATION SAFETY ACT"; PRO¥IblNG FOR bEFIN'r3'IONS; PROVIDING FOR THE CREATION OF A DRIVER EDUCATION SAFETY TRUST FUND;~ PROV'rDING FOR THE CLERK TO COLLECT AN ADDITIONAL $3.00 WITH EACH CIVIL TRAFFIC PENALTY LEVIED IN ST. LUCIE dOUNTY TO BE DEPOS'rTEb IN THE ~RUST FUND; PROVTbiNG FOR EXPENDITURE5 FROM THE DRIVER EbUCA'ftlON 5AFE'I'Y TRUST FUND; PROV'IbING FOR CONFLICTING PROVISIONS; PROVIIMING FOR SEVERAIBILITY AND APPLICABILITY; PROVIDING FOR FILING ', WITH THE DEPARTMENT OF STATEi PROVIDING FOR AN EFFECTIVE DATE; ADOP'I'~ON; AND CODIFICATION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has mdde the following determinations: 1. Section 98 of Chapter 2002-20, Laws of Elorida, known as the "Dori 51osberg Driver Education Safety Act", authorize~ this Board to enact an ordinance requiring the clerk of the court to collect an additional $3.00 with each civil traffic penalty to be used to fund traffic education programs in public and non-public schools. 2. Implementation of the bari Slosberg bri~er Education Safety Act is in the best interest of the citizens o~f St. Lucie C~unty. NOW, THEREFORE, BE IT ORDAINED by l~he Board of County Commissionersl of St. Lucie County, Florida: Z 1"-.2 --..4 ---4 mr'"- ~ I 1"-"4 Z --.4 m z PART A. CREATZON OF ARTZCLE III (DRI~VER EDUCAT'J;ON SAFETY TRUST FUND) OF CHAPTER 1-7 (COURTS) Article III (Driver Education Safety Trust Fund) of Chapter 1-7 (Courts) of the Code of Ordinances of St. Lucia Country, Florida, is hereby created to read as follows: ART'J:CLE III. Sec. 1-7-30. DRIVER EDUCA'I'ZON SAFETY TRL~ST FUND Authority for enactment of article. This article is enacted pursuant to the authorityj vested in the board of county commissioners by virtue of Section 98 of Chapter 2002-20, Laws of Florida known as the "Dori 51osberg Driver EducationiSafety Act". Sec. 1-7-31. Definitions. For the ipurpose of this article, the following terms have only those meanings ascribed to them: Board q£ counfy commissioners shall mean t~e board of county commissioners faf St. Lucia County, Florida. c-~/erk sh~ll mean the clerk of the circuit court and county court of St. Lucia County a~d accountant to the board of county com;issioners. Courtly ~hall mean the incorporated and unincorl~orated areas of St. Lucia County, Florida. Sec. 1-7-32. Creation of Fund and accounting. (a) PL~rsuant to the bori Slosberg! Driver Educ~ation Safety Act, on or after October 1, 2002, the clerk shall collect an c~dditional $3.00 with each civil traffic penalty levied in St. Lucia County. (b) TI clerk. The cie commissioners ~e clerk will keep a record of collecti( rk shall forward all monies collected to for deposit into a special and separate ,ns collected by the the board of county :count titled "brivers 2 Education Safety Trust Fund." Once each quarter, l~he board of county commissioners shall require a full report from the clerk~ as to the amount of funds collected and deposited into the Driver Educatior~ Safety Trust Fund, and amount of expenditures from the Driver Education ~;afety Trust Fund. Sec. 1-7-33. Expenditures. Monies ~eposited into the Driver Education Safety Trust Fund shall be used to financially assist driver education safety pr~ograms in public and non-public schPols in the County. The funds shall !be used for direct educational expenses and shall not be used for administration. In order to receive assistance grants from the Driver Education programs shall procedures wh procedures she Final approval recommendatio annually. be selected os program recipients on ti ich shall be developed by the county ~ II include os o basis for selection the suc shall be made by the board of county n by the county administrator, and sale Safety Trust Fund, ie basis of selection ~dministrator. Such cass of the program. commissioners upon :tions shall be made PART B. CONFLICT]:NG PROVISIONS. Special acts of the Florida legislature Iopplicable only to unincorporated areas of St. Lucia County, and adopted prior to ,Tanuary 1, 1969, County ordinances and County resolutions, or partes thereof, in conflict with this ordinance are hereby superseded by this ordlnance to the extent of such conflic~t. / PART C. SEVERABZLITY AND APPLICABILITY. If any portion of this ordinance is for any reoso~ held or declared to be unconstitutional, inoperative, or void, such holding Isbell not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any I~erson, property, or circumstance, such holding shall not affect its opplic~obility to any other person, proper'~y, or circumstance. ~ 3 PART D. FILTNG WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send! o certified copy of this ordinance to the Bureau of Administrative Code and Lows, Deportment of 5tote, The Capitol, Tollohassee, Florida 32304. PART E. EFFECTIVE DATE. This ordinance shall toke effect on October 1, 2002. PART F. ADOP~-J:ON. After motion and second, the vote on this ordinon PART ce was os follows: Chairman Doug Coward Vice Chairman Cliff Barnes Commissioner Frannie Hutchinson COmmissioner Poulo A. Lewis COmmissioner ,Tohn D. Bruhn CODTFICATION. AYE ABSi.-'NT AYE AYE Provisions of this ordinance shall be incorpordted in the Code of Ordinances of St. Lucia County, Florida, and the word "ordinance' may be changed to "section", "article", or other appropriate w~rd, and the sections of this ordinc~nce may be renumbered or reletteredI to accomplish such intention; provided, however, that Ports B through G shell not be codified. PASSED AND DULY ADOPTED this ~18TH bAY OF ~Tune, 2002. BOARD OF COUNTY C~MMISS'rONERS ATTEST: ST. LUCIE COUNTY BY: ~h~~.~ia~~ 4 APPROVED-~$ TO FORM AND BY:~