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HomeMy WebLinkAbout04-024JOANNE HOLMAN, CLERK OF THE CIRCUIT COURT - SAINT LUCIE COUNTY ,)~qo OR BOOK 1999 PAGE 1708 File Number: L ...... Recorded:06/24/04 10.~0 ORDINANCE NO. 04-084 AN ORDINANCE AMENDING CHAPTER 1-7, "COURTS", OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY TO PROVIDE FOR ASSESSMENT OF AN ADDITIONAL $15.00 SURCHARGE ON NON-CRIMINAL TRAFFIC INFRACTION5 PURSUANT TO CHAPTER 318, FLORIDA STATUTES, AND ON CRIMINAL VTOLATION5 LISTED IN SECTION 318.17, FLORIDA STATUTES, TO FUND STATE COURT FACILITIES; PROVIDING FOR CREATION OF A SEPARATE COURT FACILITIES FUND; PROVIDING FOR ACCOUNTING TO THE BOARD OF COUNTY COMMISSIONERS; PROVIDING FOR CONFLICTING PROVISIONS, 5EVERABILITY AND APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR ADOPTION AND CODIFICATION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida ("Board") is authorized pursuant to state law, to provide court facilities; and, WHEREAS, the Board of County Commissioners of 5t Lucie County, Florida has deemed that because of tremendous growth in the County it is becoming necessary for additional court facilities to be provided; and, WHEREAS, the Florida Legislature created Section 318.18(13), Florida Statutes, which authorizes a county to impose a surcharge not to exceed fifteen and 00/100 dollars ($15.00) for non-criminal traffic infractions pursuant to Chapter 318, Florida Statutes, or imposed for criminal violations listed in Section 318.17, Florida Statutes, to assist in providing and maintaining state court facilities. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: ARTICLE I. "In General," of Chapter 1-7, "Courts," of the Code of Ordinances of St. Lucie County, Florida, is amended as follows: ...... '- through passages are deleted. Underlined passages are added. OR BOOK 1999 PAGE 1707 Sec. 1-7-8 Imposition of surcharge for state court facilities Pursuant to Section 318.18(13), Florida Statutes, a court shall charge a surcharge of fifteen and 00/100 dollars ($15.00) for any non-criminal traffic infraction in St. Lucia County pursuant to Chapter 318, Florida Statutes, or for criminal violations in St. Lucia County listed in Section 318.17, Florida Statutes, to assist in the cost of providinq and maintaining state court facilities in St. Lucia County. When assessed, the funds will be paid to the clerk. The clerk will forward to the Board on a monthly basis, those costs collected pursuant to Section 318.18(13), Florida Statutes, for deposit of said funds into a special and separate account titled "Court Facilities Fund" as established in Section 1-7-9 of the Code. Sec. 1-7-9 Disposition of state court facilities funds from the surcharge; Accounting by Clerk of the Court Court Facilities Fund - Surcharge: All monies collected for court facilities from the surcharge imposed by Section 1-7-8 shall be set aside by the clerk in a special and separate account titled "Court Facilities Fund" to be used exclusively for the construction, operation and maintenance of state court facilities as determined by the Board. The clerk in her capacity as accountant to the Board shall provide to the Board an annual financial report on the "Court Facilities Fund" outlining the amount of court costs collected, expenditures and earnings from the investment of said funds. PART A. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, and adopted prior to ,Tonuory 1, 1969, County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART B. SEVERABILITY AND APPLICABILITY. 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. ............ v,, passages are e ere . Underlined passages are added. OR BOOK 1999 PAGE 1908 PART C. FTLI:NG WITH THE DEPARTMENT OF STATE. The clerk be and is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of 5tare, The Capitol, Tallahassee, Florida 32304. PART D. EFFECTI:VE DATE. This ordinance shall take effect on the 1st day of July, 2004. PART E. ADOPTION. After motion and second, the vote on this ordinance was os follows: Chairman Paulo A. Lewis Vice Chairman John D. 8ruhn Chairman Cliff Barnes Commissioner Frannie Hutchinson AYE AYE AYE AYE Commissioner Doug Coward PART F. CODIFICATION Provisions of this ordinance shall be incorporated into the St. Compiled Laws, and the word "ordinance" may be changed to appropriate word, and the sections of this ordinance may accomplish such intention; provided, however, that Parts "A' PASSED AND DULY ENACI'ED this bep~yClerk v '[i}~ \ ~>"<;.,,~,....~..-;' '" ~ Chairman ............ ~,, passages are deleted. Underlined passages are added. and le , ?r,"other to be codified. OR BOOK 1999 PAGE 1709 APPROVED AS TO FORM AND CORRECTI~ES5: ~ ............ v" passages are deleted. Underlined passages are added.