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HomeMy WebLinkAboutCity of Tamarac Resolution R-2008-165Temp. Reso. 11511 Page 1 of 6 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 Page 1 of 5 Temp. Reso. 11511 Page 2 of 6 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 Page 2 of 5 Temp. Reso. 11511 Page 3of6 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 Page 3 of 5 Temp. Reso. 11511 Page 4 of 6 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. 1 Page 4 of 5 Temp. Reso. 11511 Page 5 of 6 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 ;1a zg�v�� 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 1 Page 5 of 5