HomeMy WebLinkAboutOrdinance_304_08/11/1981~~ • • ORDINANCE N0. 30~. AN ORDINANCE OF THE VILLAGE OF TEQUESTA, FLORIDA AMENDING CHAPTER 14.1, SECTION 14.1-1 OF THE VILLAGE CODE BY INCREASING THE ASSESSMENT OF COURT COSTS FOR LAW ENFORCEMENT EDUCATION FROM $1.00 TO $2.00; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, pursuant to Chapter 943.25(5) Florida Statutes, 1977, the Village Council adopted Ordinance No. 264 provi-ding for a levy of an additional one dollar ($1.00) court costs to be assessed against law violators; and WHEREAS, the Florida Legislature has amended Section 943.25(5) Florida Statutes, to increase the assessment for criminal law enforcement education and training from one dollar ($1.00) to two dollars ($2.00); and WHEREAS, the Village Council of the Village of Tequesta, Florida deems it necessary and appropriate to increase said assessment; NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AS FOLLOWS: Section 1 - Chapter 14.1, Section 14.1-1 of the Code of Ordinances of the Village of Tequesta is hereby amended to read as follows: The Village hereby assesses an additional two dollars ($2.00) as court costs for law enforcement education expenditures for Tequesta law enforcement officers and support personnel against every person convicted for a violation of a state penal or criminal statute or convicted for violation of a municipal or county ordinance committed within the Village limits. How- ever, no such assessment shall be made, against any person convicted for violation of any state statute, municipal ordinance or county ordinance relating to the parking of vehicles. Section 2 - In the event that any section, subsection, clause, sentence or provision is held invalid, the remainder of this Ordinance shall not be effected by such invalidity. Section 3 - Permission to codify this Ordinance is hereby granted. Section 4 - This Ordinance shall take effect October 1, 1981 after its passage and approval as provided by law. n U THE FOREGOING ORDINANCE was offered by Councilmember Lee ~!. Brown who moved its adoption. The Ordinance was seconded by Councilmember Carlton D. Stoddard and upon being put to a vote, the vote was as follows: FOR ADOPTION AGAINST ADOPTION Lee i+~. PrBwn ~~~ h, i~~lapes; Jr. `i'?~~om~~,s J. L; the this 11th ATTEST: Cyrese olbert, Village Clerk The Mayor thereupon declared the Ordinance duly passed and adopted day of ~~.ugust A. D. , 1981 . MAYOR OF TEQUESTA ~~ • / , W. H. Mapes, Jr. '~" ROBERT L. HOREY ADMINISTRATOR i • COURT ADMINISTRATOR FIFTEENTH .JUDICIAL CIRCUIT OF FLORIDA June 29, 19$1 PALM BEACH COUNTY & ALL T0: MUNICIPALITIES IN COUNTY FROM: ROBERT L: HOREY, COURT ADMINIS / T~(Y~COURTHOUSE CH, FLORIDA 33401 PHONE ~~ 837-2431 ~:1jjN3® ,` ~. SUBJECT: SECTION 943.25, FLORIDA STATUTES The above referenced statute has been amended to allow municipalities and counties to increase the assessment for criminal justice law enforcement education and training, from $1.00 to $2.00. It is suggested that ordinances for such increase be effective October 1, 1981 (start of fiscal year) to facilitate the implementing of this collection by the Clerk of Court. A copy of Administrative Order 4.002 is attached. for your information. (See Section III.) RLH/t Enclosure `~~ • IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT OF FLORIDA, IN AND FOR PALM BEACH COUNTY ADMINISTRATIVE ORDER N0. 4. 1 ~ ~~~~e~ ~' :, •~. ~F~~~~~~ Vie: RE: COURT COSTS IN TRAFFIC INFRACTIONS '- AND MUNICIPAL AND COUNTY ORDINANCE ~ 'JUN3 ~ 1981 _~_ VIOLATIONS: REAFFIRMING ESTABLISH- ~~ ~ i MENT OF VIOLATIONS BUREAU ~ ~ ~ 2 "r~r~s I. COSTS IN TRAFFIC INFRACTION CASES In ail. traffic infraction cases in which a hearing is held to determine whether a traffic infraction was committed, the court shall assess costs in the amount of Eight Dollars ($8.00) against the offender upon. the finding of an infrac- tion,. which sum shall be deducted from the total penalty an- nounced in open court; provided, however, if Driver Improve- ment School is ordered, the costs assessed shall be Five Dollars ($5.00) . If, at the Traffic Violations Bureau, the offender elects to attend the Driver Improvement School, costs will be in keep- ing with Local Rule II (4.1A). 3 II. COSTS IN MUNICIPAL & COUNTY ORDINANCE CASES When a violation of either a municipal or county ordin- ance is prosecuted in the County Court, the court, upon a find- ing of guilt, shall assess against the offender costs in the amount of Five Dollars ($5.00). 4 III. LAW ENFORCEMENT TRAINING In addition to the costs provided in Paragraphs I and II above, the assessments provided in Sections 943.25(3)- and (5) shall be collected. Each municipality now having or enacting an ordinance for local law enforcement education, under provisions of Section 943.25(5), Florida Statutes, shall file a certified copy of such ordinance with the Clerk of the County Court, in order that additional assessments can properly be made in cases of that municipality. Admin. Order 4.002-b/81 • ~,` ~~' IV. WAIVER OF COSTS Costs in any case may be waived by the court, in com- pliance with Sec. 935.05, Florida Statutes, or upon good cause shown. 5 V. TRAFFIC VIOLATIONS BUREAU This Bureau, established for Palm Beach County, Florida, its establishment and operation are hereby affirmed DONE AND ORDERED at We Florida, this ~ day o lm Beach ,,realm Beach C ~ ~.~,~,f ~ 19 81. 1 Supersedes Admin. Order 4.002-5/80 I' 2 Rule 6.470(a), Fla. R. P. & P. Traf. Cts. 3 Rule 2.110(b),. Fla. R. Jud. Admin. 4 Rule 6.470(c), FIa. R. P. & P. Traf. Cts. 5 Rule 6.100(a), Fla. R. P. ~ P, Traf. Cts. -2- Admin. Order 4.002-6/81