HomeMy WebLinkAboutCity of Tamarac Resolution R-2008-165Temp. Reso. 11511
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October 21, 2008
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2008-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA URGING THE LEGISLATURE OF THE STATE
OF FLORIDA TO FULLY FUND AND SUSTAIN BROWARD
COUNTY'S TRAFFIC MAGISTRATE CITATION PROGRAM; IN THE
ABSENCE OF FULL FUNDING BY THE LEGISLATURE, URGING
THE BOARD OF COUNTY COMMISSIONERS OF BROWARD
COUNTY, THE BROWARD COUNTY CLERK OF THE COURTS, THE
BROWARD SHERIFF'S OFFICE, THE POLICE CHIEF'S
ASSOCIATION, ALL MUNICIPALITIES IN BROWARD COUNTY AND
ANY OTHER INTERESTED ENTITY TO COLLABORATE TO
DEVELOP A MECHANISM TO PROVIDE SUFFICIENT FUNDING IN
ORDER TO CONTINUE WITH THE BROWARD COUNTY TRAFFIC
MAGISTRATE CITATION PROGRAM; URGING THE BOARD OF
COUNTY COMMISSIONERS OF BROWARD COUNTY AND ALL
MUNICIPALITIES IN BROWARD COUNTY TO CONSIDER
IMPOSING A SURCHARGE ON ALL TRAFFIC TICKETS ISSUED
WITHIN THE COUNTY TO ASSIST WITH THE FULL FUNDING OF
THE TRAFFIC MAGISTRATE PROGRAM; URGING THE ABOVE -
REFERENCED ENTITIES TO JOIN IN THIS REQUEST FOR FULL
FUNDING OF THE BROWARD COUNTY TRAFFIC MAGISTRATE
CITATION PROGRAM; DIRECTING THE CITY CLERK TO
TRANSMIT A COPY OF THIS RESOLUTION TO THE GOVERNOR
OF THE STATE OF FLORIDA, THE SPEAKER OF THE FLORIDA
HOUSE OF REPRESENTATIVES, THE PRESIDENT OF THE
FLORIDA SENATE, ALL MEMBERS OF THE STATE LEGISLATURE,
THE BOARD OF COUNTY COMMISSIONERS OF BROWARD
COUNTY, THE BROWARD COUNTY CLERK OF THE COURTS, THE
BROWARD SHERIFF'S OFFICE, THE POLICE CHIEF'S
ASSOCIATION, AND ALL MUNICIPALITIES LOCATED WITHIN
BROWARD COUNTY; PROVIDING FOR CONFLICT; PROVIDING
FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Article V, Section 14 of the Florida Constitution expressly provides
that "no county or municipality... shall be required to provide any funding for the state
courts system, state attorneys' offices, public defenders' offices, court -appointed
counsel or the offices of the clerks of the circuit and county courts performing court -
related functions"; and
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Temp. Reso. 11511
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October 21, 2008
WHEREAS, Broward County's hearing process for violations of traffic infractions
under Chapter 318, Florida Statutes, has historically been funded and facilitated by the
Broward County court system; and
WHEREAS, such infractions have traditionally been heard by traffic magistrates
or county court judges; and
WHEREAS, revenue generated as a result of traffic citations is proportionally
allocated to a number of entities, including the Broward County Commission (to be
earmarked for court facilities), the Clerk of the Courts, the State of Florida, and the
applicable municipality, among other programs; and
WHEREAS, the Broward County traffic magistrate citation program has recently
been threatened by a lack of funding; and
WHEREAS, the City Commission of the City of Tamarac, Florida (hereinafter
referred to as the "City") acknowledges and understands the importance of enforcing
traffic citations, and believes that continued adjudication of these matters is a critical
aspect of the County Court's function; and
WHEREAS, the City Commission further believes that the continued
enforcement of such violations is in the best interests of the citizens and residents of
Broward County; and
WHEREAS, given the importance of continuing to administer traffic citation
hearings in Broward County and the constitutional preclusion that such hearings be
funded by the County and municipalities, the City Commission urges the Governor and
the members of the Legislature of the State of Florida to specifically ensure that there is
sufficient State funding to continue the traffic magistrate citation program; and
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Temp. Reso. 11511
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October 21, 2008
WHEREAS, absent sufficient funding by the State, the City Commission further
urges the Board of County Commissioner of Broward County, the Broward County Clerk
of the Courts, the Broward Sheriffs Office, The Police Chiefs Association, and all
municipalities located within Broward County, as well as any other interested entity to
collaborate in developing some mechanism to provide for the full funding of the
County's traffic magistrate citation program; and
WHEREAS, the City Commission recommends the imposition of a surcharge on
traffic tickets issued within Broward County as one potential option to help fund the
County's traffic magistrate citation program; and
WHEREAS, the City Commission believes that it is in the best interests of the
citizens and residents of the City and Broward County for the State of Florida to ensure
that there is sufficient State funding to continue the Broward County traffic magistrate
citation program.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, THAT:
SECTION 1. The foregoing "WHEREAS" clauses are hereby ratified as true and
correct and incorporated herein by this reference.
SECTION 2. The City Commission hereby urges the Governor of the State of
Florida, the Speaker of the Florida House of Representatives, the President of the
Florida Senate, and all the members of the Florida Legislature to fully fund and sustain
Broward County's traffic magistrate citation program
SECTION 3. In the absence of sufficient State funding, the City Commission
hereby further urges and strongly encourages the Board of County Commissioners of
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Temp. Reso. 11511
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October 21, 2008
Broward County, the Broward County Clerk of the Courts, the Broward Sheriffs Office,
The Police Chiefs Association, and all municipalities located within Broward County, as
well as any other interested entity to collaborate in developing some mechanism,
process, or option to provide for the full funding of the County's traffic magistrate citation
program. The City Commission recommends the imposition of a surcharge on traffic
tickets issued within Broward County as one potential option to help fund the County's
traffic magistrate citation program.
SECTION 4. The City Clerk is hereby authorized and directed to transmit a copy
of this resolution to the Governor of the State of Florida, the Speaker of the Florida
House of Representatives, the President of the Florida Senate, all the members of the
Florida Legislature, the Board of County Commissioners of Broward County, the
Broward County Clerk of the Courts, the Broward Sheriffs Office, the Police Chiefs
Association, and all municipalities in Broward County.
SECTION 5. All resolutions or parts of resolutions in conflict herewith are hereby
repealed to the extent of such conflict.
SECTION 6. If any clause, section, other part or application of this Resolution is
held by any court of competent jurisdiction to be unconstitutional or invalid, in part or
application, it shall not affect the validity of the remaining portions or applications of this
Resolution.
SECTION 7. This Resolution shall take effect immediately upon its adoption.
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Temp. Reso. 11511
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October 21, 2008
PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF TAMARAC,
FLORIDA THIS DAY OF %%iray,a-���-�)_, 2008.
CITY OF TAMARAC, FLORIDA
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ATTEST: BETH FLANS AUM-T ABISCO, MAYOR
RECORD OF COMMISSION VOTE:
MARION SWENSON, CIVIC
MAYOR FLANSBAUM-TALABISCO -
CITY CLERK
DIST 1: COMM BUSHNELL P
DIST 2: COMM ATKINS-GRA .
DIST 3: COMM. GLASSER�-
DIST 4: COMM. DRESSLER
I HEREBY CERTIFY that
1 have approved this
RESOLUTION as to form.
S MUEL t.GWEN
CITY ATT064EY
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