HomeMy WebLinkAboutOrdinance_304_08/11/1981~~
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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.
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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
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W. H. Mapes, Jr.
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ROBERT L. HOREY
ADMINISTRATOR
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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®
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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
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IN THE CIRCUIT COURT OF THE FIFTEENTH
JUDICIAL CIRCUIT OF FLORIDA, IN AND
FOR PALM BEACH COUNTY
ADMINISTRATIVE ORDER N0. 4. 1
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~F~~~~~~ Vie:
RE: COURT COSTS IN TRAFFIC INFRACTIONS '-
AND MUNICIPAL AND COUNTY ORDINANCE ~ 'JUN3 ~ 1981 _~_
VIOLATIONS: REAFFIRMING ESTABLISH- ~~ ~ i
MENT OF VIOLATIONS BUREAU
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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).
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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).
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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
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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.
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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
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1
Supersedes Admin. Order 4.002-5/80
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Rule 6.470(a), Fla. R. P. & P. Traf. Cts.
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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.
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Admin. Order 4.002-6/81