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HomeMy WebLinkAboutR-83-0503J-33-396 RESOLUTION NO. �-„3""'.iO3 A RESOLUTION OF THE CITY OF MIAMI ASSESSING AN ADDITIONAL $2.00 AS COURT COSTS AGAINST EVERY PERSON CONVICTED FOR A VIOLATION OF A STATE STATUTE OR FOR A VIOLATION OF A MUNICIPAL, OR COUNTY ORDINANCE THAT OCCURRED WITHIN THE CORPORATE LIMITS OF THE CITY TO BE USED FOR CRIMINAL JUSTICE EDUCATION AND TRAINING AS PROVIDED IN SECTION 943.14, FLORIDA STATUTES; DIRECTING THE CLERK OF THE CIRCUIT COURT TO CAUSE THE IMPOSITION OF SAID ADDITIONAL COST AND REMIT SAID FUNDS TO THE CITY. WHEREAS, Section 943.25(8)(a), Florida Statutes, has been amended to allow municipalities to assess an additional Two Dollars ($2.00) of court costs for criminal justice education and training activities which conform to the requirements of Section 943.14, Florida Statutes; and WHEREAS, the City of Miami desires to add Two Dollars ($2.00) to the court costs against every person convicted for a violation of a State Statute or for a violation of a municipal or county ordinance that occurred %-,lithin the corporate limits of the city; NOW, THEREFORE, BE IT RESOLVED I3Y THE. COMMISSION OF THE CITY OF MIAMI, FLORIDA, THAT: Section 1. The Clerk of the Circuit Court, in and for Dade County, is hereby directed, pursuant to Section 943.25(8)(a), Florida Statutes, to add an additional Two Dollars ($2.00) for court costs against every person convicted for a violation of a State Statute or for a violation of a municipal or county ordinance that occurred within the corporate limits of the city to be used for criminal justice education and training activities as provided in Section 943.14, Florida Statutes, and to remit said funds to the City. Section 2. That the City Clerk of the City of Miami shall furnish a certified copy of this resolution to the Clerk of the Circuit Court of Dade County, llth Judicial Circuit. PASSED AND ADOPTED this 9th clay of. ,Lune ► 1983. Maurice A. Ferre M A Y 0 R ATTEST: CITY COMMISSION MEETINIG Or - RA lc can:.UWV a t PREPARED AND APPROVED BY: le. z a "- ROBERT F. CLARK DEPUTY CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: PIE GARCIA-PEDROSA Ty ATTORNEY -2- 83--506,10 58 CITY OF MIA MI. FLORIOA INTER -OFFICE MEMORANDUM Howard V. Gary City Manager _ark Me ill Assistant to the City Manager ..T. May 9, 1983 BILE ,-,H.�.._Assess $2.00 court costs for Police training -EFEREVCES Intergovernmental Affairs/Cable 4NCLOSURES Exhibits A, B, C and Proposed legislation it It is recommended that the attached Resolution directing the Clerk of the Circuit Court to cause the imposition of $2.00 as court costs against every person convicted for a violation of a State Statute, County or Municipal Ordinance that occurred in the City of Miami to be used for Criminal Justice Education and Training as provided in Section 943.25 (8)(a) of the Florida Statutes be presented to the City Commission for their approval." The 1981 Legislature provided that the State, County and City could each impose a $2.00 surcharge on fines collected for violation. to State, County or City Laws to be used for Police Training. See Exhibit a. When the State applied its $2.00 surcharge it caused the City to lose $1.34 for each fine that was paid on citations issued within the City of Miami. The City lost an additional $1.33 per fine when the County added their $2.00 surcharge as authorized by the State Law. See Exhibit B. These losses to the City were a result of the courts interpretation which determined that the fines imposed by Law are fixed and the surcharge authorized by the 1981 Legislature must come from within those fixed amounts. According to figures from the Clerk of the Circuit Court less than 60% of tickets issued actually result in fines paid. Based upon a rough approximation of 80,000 fines paid,the new State Law caused the City to lose about $213,600 per year. The State and County surcharges are taken off the top prior to distribution of the re- mainder of the basis of 1/3 to the County and 2/3 to the City. By adopting the attached Resolution the City can recover approxi- mately $53,000 per year in previously lost revenue. 83-5W Howard V. Gary -2- May 9, 1983 City Manager The 1983 Legislature is presently considering HB541 which would have the effect of adding the $6.00 in surcharges to all fines imposed by Law thus restoring the distributed revenues to the pre 1981 level and providing the additional $2.00 surcharge for each fine paid to be used for Miami's Police Training. The anticipated increase in revenue resulting from the adoption of HB541, Exhibit C attached, would be approximately $373,000 per year or a total of $1.2 million based upon 80,000 fines. 83-503 t 41` EXHIBIT A F.S. 1981 DEPARTMENT OF LAW ENFORCEMENT Ch. 943 943.25 Law Enforcement Training and Cor- rectional Officer Training Trust Funds; merger into Criminal Justice Training Trust Fund; ad- vanced training; regional training councils; pro- gram; costs; funding.— (1) The Division of Criminal Justice Standards and Training is directed to establish, administer, and supervise, as approved by the commission, an ad- vanced and highly specialized training program and training center enhancements for the purpose of training law enforcement officers and correctional of- ficers, excluding any basic recruit training, and sup- port personnel in criminal justice operations, agency management, and professional development and in traditional subjects, including the prevention, inves- tigation, detection, and identification of crime, and, upon request, to instruct criminal justice agencies within this state in these highly advanced and spe- cialized areas. The commission may approve the in- clusion of appropriate support personnel training programs when it can be demonstrated by the region- al training council that these programs directly sup- port the criminal justice function. (2)(a) The commission may establish and pro- mulgate rules for the membership and operation of regional training councils which shall advise and as- sist the commission in developing and maintaining a plan assessing regional training and facilities needs. (b) Commission members, regional training coun- cil members, division staff personnel, and other au- thorized persons who are performing duties directly related to the trust fund may be reimbursed for rea- sonable per diem and travel expenses as provided in s. 112.061. (3) No training cost shall be assessed against any law enforcement officer, part-time law enforcement officer, auxiliary law enforcement officer, correction- al officer. or support personnel for any advanced or specialized training course funded in whole or in part by moneys from the Law Enforcement Training Trust Fund or the Correctional Officer Training Trust Fund or, beginning July 1, 1984. from the Criminal Justice Training Trust Fund. The commis- sion may develop a policy by which regions may be reimbursed for training costs incurred for the atten- dance of law enforcement officers, part-time law en- forcement officers, auxiliary law enforcement offi- cers, correctional officers or such personnel from ar- eas of the state other than within the region conduct- ing the advanced and specialized training program. In no case shall any such costs be reimbursable by the individual trainee. Travel costs to and from the training site shall be the responsibility of the trainee, employing agency, or unit of local government. Any compensation, including, but not limited to, salaries and benefits. to any person during the period of training shall be fixed and determined by the em- ploying agency; and such compensation shall be paid directly to the person. (4) All courts created by Art. V of the State Con- stitution shall assets $2 as a court cost against every person convicted for violation of a state penal or criminal statute or convicted for violation of a munic- ipal or county ordinance. In addition, $2 from every bond estresture or forfeited bail bond related to such penal statutes or penal ordinances shall be forwarded to the Treasurer as hereinafter described. However, no such assessment shall be made against any person convicted for violation of any state statute, municipal ordinance, or county ordinance relating to the park- ing of vehicles. All such costs collected by such courts shall be collected and remitted to the Department of Revenue, in accordance with administrative rules promulgated by the Executive Director of the De- partment of Revenue, for deposit in the State Trea- sury and shall be earmarked to the Department of Law Enforcement for distribution as follows: until June 30, 1984, $1.50 of each such $2 assessment shall be divided equally between the Law Enforcement Training Trust Fund and the Correctional Officer Training Trust Fund, and the remaining 50 cents of each such assessment shall be deposited in the Trust Fund for Grant Matching and shall be disbursed to the Bureau of Criminal Justice Assistance of the De. partment of Veteran and Community Affairs. Effec. tive July 1, 1984, the Law Enforcement Training Trust Fund and the Correctional Officer Training Trust Fund shall be merged into the Criminal Justice Training Trust Fund; and all funds which have accu. mulated to the Law Enforcement Training Trust Fund and the Correctional Officer Training Trust Fund shall be transferred to the Criminal Justice Training Trust Fund. Beginning on that date, $1.50 of each such $2 assessment shall be earmarked to the Department of Law Enforcement for deposit in the Criminal Justice Training Trust Fund, and the re- maining 50 cents of each such assessment shall be de• posited in the Trust Fund for Grant Matching and shall be disbursed to the Bureau of Criminal Justice Assistance. All funds earmarked to the Department of Law Enforcement shall be disbursed only for those purposes provided for in subsection (10). At such time as matching federal funds are no longer avail- able under the provisions of Pub. L. No. 90-351. Pub. L. No. 96.157, or any related act, all funds collected shall be earmarked to the Department of Law En- forcement for the Law Enforcement Training Trust Fund and the Correctional Officer Trust Fund, equally. or, beginning July 1, 1984, for the Criminal Justice Training Trust Fund. (5) Notwithstanding the provisions of this sec- tion. municipalities and counties may use assess- ment@ provided for in subsection (4) for basic train- ing of correctional officers; however, this authoriza- tion for use of assessment& for basic training expires July 1, 1984. (6) The Auditor General is directed in his audit of courts to ascertain that such assessments have been collected and shall report to the Legislature an- nually. All such records of such courts shall be open for his inspection. (7) All funds deposited in the Law Enforcement Training Trust Fund and the Correctional Officer Training Trust Fund or, beginning July 1. 1984, in the Criminal Justice Training Trust Fund shall be made available to the department for implementa- tion of training programs and training facilities en- hancement& as approved by the commission and the head of the department. S3-502 fl Ch. 943 DEPARTMENT OF LAW ENFORCEMENT F.S. 1981 palities and counties which make such assessments to ensure that such assessments have been made and that expenditures are in conformance with the re- quirements of this subsection and with other applica- ble procedures. (9) All funds which have accumulated to the Florida Police Academy Fund as of August 1, 1974, shall be transferred and made available to the De- partment of Law Enforcement for implementation of training programs and training facilities. No such funds, or funds from any other source, shall be ex- pended for the planning or construction of any new facility or expansion of any existing facility without the specific prior approval of the Legislature, desig- nating the location and the amount to be expended for the training facility. However, this shall not pro- hibit the expenditure of any such funds for establish- ment or construction of, or improvements to, any fa- cility for criminal justice training on a regional basis. (10) The Executive Office of the Governor is au- thorized to approve, for disbursement from funds al- located for, and which are credited to, the Depart- ment of Law Enforcement, Law Enforcement Train- ing Trust Fund and Correctional Officer Training Trust Fund, or, beginning July 1, 1984, the Criminal Justice Training Trust Fund, those sums necessary and required for the implementation of the training programs and training facilities approved by the commission. (11) A Trust Fund for Grant Matching by the state is created under the administration of the Bu- reau of Criminal Justice Assistance of the Division of Public Safety Planning and Assistance of the Depart- ment of Veteran and Community Affairs. Disburse- ment of said funds shall be made for the purpose of matching, implementing, administering, evaluating, and qualifying for federal funds provided under the provisions of Pub. L. No. 90-351. as amended, Pub. L. No. 93-415, as amended, and Pub. L. No. 96.157, referred to as the "Omnibus Crime Control and Safe Streets Act of 1968," the "Juvenile Justice and Delin- quency Act of 1974," and the "Justice System Im- provement Act of 1979," respectively, and related acts, including providing assistance to local govern- ments for meeting criminal justice program require- ments. The Department of Veteran and Community Affairs is authorized to approve, for disbursement from the trust fund, those sums necessary and re- quired by the state for grant matching, implement- ing, administering, evaluating, and qualifying for fed- eral funds on grants pursuant to Pub. L. Nos. 90-351 and 93-415. as amended, Pub. L. No. 96.157, and re- lated laws. Disbursements from the trust fund for the purpose of supplanting shortfalls in LEAA funds shall not be made without specific legislative appro- priation. (12)(a) The commission, with the approval of the head of the department, either by contract or agree• ment. may authorize any state university or commu. nity college in the state, or any other organization, to provide training for, or facilities for training, law en. forcement or correctional officers, which training shall include, but not be limited to, criminal justice techniques in detecting crime, apprehending crimi. nals, securing and preserving evidence, security and emergency procedures, human relations, inmate su- pervision, firearms, first aid, and career development and professionalization. (b) All law enforcement or correctional officers selected by the various law enforcement or correc. tional agencies, if their selection is approved by the commission, shall receive such training without cost. (13) The commission is directed to develop a plan for advanced and specialized training programs and training center enhancements for the purpose of training full-time law enforcement or correctional of. ficers, part-time law enforcement officers, and auxil. iary officers, excluding any basic recruit training, in areas including, but not limited to, professional de. velopment; the prevention, detection, investigation, and identification of crime; legal aspects; counseling and crisis intervention; and supervisory techniques. (14) The commission may consult with regional training councils which will assist the commission in developing a plan assessing regional training and fa- cilities' needs. (15) As provided in the plan of the commission, and based upon a funding distribution formula as ap- proved by the commission, the moneys collected in the trust fund will be distributed to the division and the regional training councils to implement the train- ing programs and regional facility enhancements on an annual basis; funds that are not expended by the end of the budget cycle or through a supplemental budget approved by the commission shall revert to the trust fund and will be included irr the distribution formula for the next convenient fiscal year. H iotory ea S. ch. `.4.166: a. 1, ch. '7.I IC a. 1. ch. 7 7.174; a, 3. ch 76.291. e 1 ch. 76.347:a 9.ch. '6.420.a 169. ch. 79.164;a.I44.ch. '9.1W..a.13.ch SO-'. I a 1.. ch. 6t•24: a. 61. ch. 61-167. 'Note.—Tht ward 'ar' wr eubaututed for -and- by tlr editom S3--503, 1•:Ut1BIT It EXAMPLE OF REVENUE DISTRIBUTION FROi4 A $25.00 "NU RESULTING FROM CHANGES IN THE STATE: LAW g5 /2 y3 With $2.00 To City p4 With $2.00 To Lity But as Same B PruE,osed By Pu c'i ty Case Y #1 to To City With $2.00 To City Stag 6 StdtC,County itu 541 Prior 1961 State Sur- County Sur- & City Sur- (by charge For Police charge for charge City Reso.) Training Police Training(present) $31.00" Fixed or per- $25.00 $25.00 mitted by $25.00 Statute $25.00 5.00 5.00 5.00 Less: Court 5.00 5.00 Costs ?�p0 2.00 2.00 Less: $2.00 0.00 2.00 State 2.00 2.00 2.00 Less: $2.00 0.00 0.00 $2.00 County 2.00 $2.00 2.06 Less: $2.00 0.00 0.00 0.00 City _ $20.00 Sub -Total $ Distribution $ 6.66 $ 5.33 S 4.67 1/3 to $ 6.66 CuuntY $ 6.00 13.34 13.34 10.67 10.67 9.33 11.33 2/ 3 to 13.34 13.34 12.00 12.00 ,_ $15.34 City $11_33 $10.67 $12.00 Total to City $13.34 ______ --_-_ $906,400 $1,227, 200 Est. Y of fines $653,600 paid in Miami $1,067,200 $960,000 Statute 943.25(8)(a)• 800,000 $2.00 City as authorized by State W • $25.00 plus $2.00 State plus $2.00 County plus rl rr�^ VI 0 Cj Florida House of Representatives - 1983 By Representative C. F. Jones HU y4*1 EXHIBIT C 1 A bill to be entitled 7 An act relating to the Department of Law 1 Enfoccement; amending s. 943.25(4), Florida d Statutes. relating to certain fees assessed by S courts in the state to be utilised by the X M d department for specified programs; providing an CA c < < effective date. 4 �+ Y . q o 9 Be It Enacted by the Legislature of the State of Florida: N T 10 I V N 11 Section I. Subsection (4) of section 943.25. Florida O, J q Y t 17 Statutes. is amended to read: r .+ q q `0 11 943.25 Law Enforcement Training and Correctional N o d 14 Officer Training Trust Funds; merger Into Criminal Justice a o E Training Trust Fund; advanced training; regional traLning q 16 councils; program; costar funding.-- 0 (4) In addition to any fine imposed or authorLzed q s Eo 18 pursuant to statute elsewhere, all courts created by Art. V of M ., C ` 19 the State Constitution shall assess $2 as a court cost against �m �r o " 70 every person convicted for violation of a state penal or ao 0 71 criminal statute or convicted for viotation of a municipal or a a c J7 county ocdinance. In addition, $2 from every bond estreature N N c o.11 or forfeited bail bond related to such penal statutes or penal r- c 'n 74 ordinances shall be forwarded to the Treasurer as hereinafter 75 described. However, no such assessment shall be made against 7e any person convicted for violation of any state statute, 71 municipal ordinance, or county ordinance relatLng to the A parking of vehicles. All such costs collected by such courts t9 shall be collected and remitted to the Department of Revenue, 30 in accordance with administrative rules promulgated by the 71 Executive Director of the Department of Revenue, for deposit . kCOOING. we'd. ,e •,.wi —+fh type e,e debnen. hew •u.nnq 1....e,d. me odd.uen.. 99-77-3-3 40 CA in the State Treasury and shall he earmarked to the Department of Law Enforcement for distribution as follows: until June 30, 1981, $1.50 of each such $2 assessment shall be divided equally between the Law Enforcement Training Trust Fund and the Correctional officer Training Trust Fund, and the remaining 50 cents of each such assessment shall be deposited in the Trust Fund for Grant Matching and shall be disbursed to the Bureau of Criminal Justice Assistance of the Department of Veteran and Community Affairs. Effective July 1. 1984, the Law Enforcement Training Trust Fund and the Correctional Officer Training Trust Fund shall he merged into the Criminal Justice Training Trust Fundr and all funds which have accumulated to the Law Enforcement Training Trust Fund and the Correctional officer Training Trust Fund shall be transferred to the Criminal Justice Training Trust Fund. Beginning on that date. $1.S0 of each such $2 assessment shall be earmarked to the Department of Law Enforcement for deposit in the Criminal Justice Training Trust Fund, and the remaining 50 cents of each such assessment shall be deposited in the Trust Fund for Grant Matching and shall be disbursed to the Bureau of Criminal Justice Assistance. All funds earmarked to the Department of Law Enforcement shall be disbursed only for those purposes provided for in subsection (10). At such time as matching federal funds are no longer available under the provisions of Pub. L. No. 90-351, Pub. L. No. 96-157, or any related act, all funds collected shall be earmarked to the Department of Law Enforcement for the Law Enforcement Training Trust Fund and the Correctional officer Trust Fund, equally, or, beginning July 1. 1904. for the Criminal Justice Training Trust Fund. Section 2. This act shall take effect October 1, 1903. 2 CODIH6 W../..w ..wd d.wyl. Irv. o. Mo-, I... v...hq I..; .w./s rw/�d�w.� ww •U.liww,. 1.30 1.31 1.32 1.33 1.34 1.37 1.39 1.40 V. 1.41 1.43 1.44 1.45 1.47 i t 1.46 1.50 1.52 1.53 1.56 1.57 I.SB •�������fr���u���u���wu��u��u��uwwu HOUSE SUMMARY Provides that the $2 fee assessed by all courts in the state for a violation of a state penal or criminal statute or for violation of a municipal or county ordinance and earmarked to the Department of Law Enforcement shall be in addition to any fine imposed by any other statute. 3 C0D1NG: w-fs iw wb.J wL.w.¢ q�w w Jwlaiww• 6..w uiuiw� 4.; .-/� wwlMliw�,w.w •//iwww,. r L1t©t� VC: coo ruzmw C'Tf't if CiT� CIFF'►.� June 14, 1983 h V1 r Richard P. Brinker Clerk of the Circuit Court Eleventh Judicial Circuit Dade County Courthouse, Room #135 73 West Flaaler Street Miami, Florida 33130 Dear Mr. Brinker: Enclosed herein please find a certified copy of Resolution No. 83-503, passed and adopted by the City of Miami Com- mission at its meeting held on June 9, 1983, which is self- explanatory. Thank you for your continued cooperation. truly yours, �0 RALPH C;, ONGIE City Clerk RGO : smm Enc. a/s UT 11(1 01 THT C IT 1 ( l RK (;t. H.0' i :r. i'er q,• , • ,r D- ;„t 1'..r• f I,n:(t. I'.l + t '-4 f,(u,-,