HomeMy WebLinkAboutR-2008-216 Traffic Magistrate Funding Support RESOLUTION NO. 2008-216
A RESOLUTION OF THE CITY OF DANIA BEACH, 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 CHIEFS'
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; PROVIDING FOR CONFLICTS;
FURTHER, 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
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 Dania Beach, Florida 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 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 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
WHEREAS, absent sufficient funding by the state, the City further urges the Board of
County Commissioners of Broward County, the Broward County Clerk of the Courts, the
Broward Sheriff's 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 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 believes that it is in the best interest 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
Dania Beach, Florida:
Section 1. The above-referenced recitals are true and correct and they are
incorporated by this reference.
Section 2. The City of Dania Beach, Florida urges the Governor of the State of
Florida, the Speaker of the Florida House of Representatives, the President of the Florida Senate,
and all 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 urges and strongly
encourages the Board of County Commissioners of Broward County, the Broward County Clerk
of the Courts, the Broward Sheriff's 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 the full funding of the
County's traffic magistrate citation program. The City also 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.
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Section 4. The City Clerk is 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, 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. That all resolutions or parts of resolutions in conflict with this Resolution
are repealed to the extent of such conflict.
Section 6. That this Resolution shall take effect immediately upon its passage and
adoption.
PASSED AND ADOPTED on November 10, 2008.
ZV v 1 Q
ALBERT C. JONES
MAYOR-COMMISSI ER
ATTEST: Ta4's F�gsr
LOUISE STILSON, CMC
CITY CLERK
ATE
APPROVED AS TO FORM
AND CORRECTNESS
BY:
T A J. RO
CITY AA EY
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