Miami-Dade Legislative Item
File Number: 051800
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File Number: 051800 File Type: Ordinance Status: Adopted
Version: 0 Reference: 05-123 Control: County Commission
File Name: ORDINANCE RELATING TO THE COURTS Introduced: 6/8/2005
Requester: NONE Cost: Final Action: 6/23/2005
Agenda Date: 6/21/2005 Agenda Item Number: 14A24
Notes: Title: ORDINANCE RELATING TO THE COURTS; CREATING SECTIONS 11-13 AND 11-14 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; IMPOSING ADDITIONAL SURCHARGES ON CERTAIN CRIMES AND TRAFFIC OFFENSES AND VIOLATIONS; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE [SEE ORIGINAL ITEM UNDER FILE NO. 051432]
Indexes: COURTS
  SURCHARGE
Sponsors: Sally A. Heyman, Prime Sponsor
  Clerk of the Court
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail

Board of County Commissioners 6/23/2005 14A24 Adopted P

Board of County Commissioners 6/21/2005 14A24 Deferred 6/23/2005
REPORT: The foregoing ordinance was deferred to the meeting of June 23, 2005 and adopted during that meeting.

County Manager 6/17/2005 Additions 6/21/2005

Internal Mgmt. & Fiscal Responsibility Committee 6/16/2005 2D SUB. Forwarded to BCC with a favorable recommendation P
REPORT: Chairwoman Carey-Shuler announced that the foregoing proposed ordinance was open for public participation. Hearing no one wishing to be heard, the public hearing was closed. Commissioner Heyman discussed the intent of the foregoing proposed ordinance that would impose additional surcharges on certain crimes and traffic offenses and violations which would have a positive fiscal impact to Miami-Dade County. Hearing no objection, the Committee proceeded to vote on the foregoing proposed ordinance as presented.

County Attorney 6/8/2005 Referred Internal Mgmt. & Fiscal Responsibility Committee 6/16/2005

County Attorney 6/8/2005 Assigned Jess M. McCarty 6/8/2005

Legislative Text


TITLE
ORDINANCE RELATING TO THE COURTS; CREATING SECTIONS 11-13 AND 11-14 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; IMPOSING ADDITIONAL SURCHARGES ON CERTAIN CRIMES AND TRAFFIC OFFENSES AND VIOLATIONS; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE

BODY
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. Chapter 11, Article I, of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:1
CHAPTER 11

COURTS

* * *

ARTICLE I. IN GENERAL

* * *

>>Sec. 11-13. Additional surcharge in criminal proceedings.
In addition to any other fine, penalty, or cost imposed by any other provision of law, an eighty-five dollar ($85.00) surcharge is hereby imposed upon any conviction, plea of nolo contendere or finding of guilt, regardless of whether adjudication is withheld, for each felony, misdemeanor, or criminal traffic offense. The court shall not waive this court cost. The Clerk of the Court shall collect the eighty-five dollar ($85.00) surcharge established in this section and shall remit it to Miami-Dade County.
Sec. 11-14. Additional civil and criminal traffic infraction surcharge.
In addition to any other fine, penalty, or cost imposed by any other provision of law, a fifteen dollar ($15.00) surcharge is hereby imposed upon any conviction, plea of nolo contendere, or finding of guilt, regardless of whether adjudication is withheld, on each civil traffic infraction referenced in section 318.14, Florida Statutes, as amended from time to time, and upon any conviction, plea of nolo contendere or finding of guilt, regardless of whether adjudication is withheld, on each criminal traffic violation referenced in section 318.17, Florida Statutes, as amended from time to time. The court shall not waive this surcharge. The Clerk of the Court shall collect the fifteen dollar ($15.00) surcharge established in this section and shall remit it to Miami-Dade County.<<

Section 2. If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity.
Section 3. It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of this ordinance, including any sunset provision, shall become and be made a part of the Code of Miami-Dade County, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word.
Section 4. This ordinance shall become effective July 1, 2005 unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this Board.
1 Words stricken through and/or [[double bracketed]] shall be deleted. Words underscored and/or >>double arrowed<< constitute the amendment proposed. Remaining provisions are now in effect and remain unchanged.



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