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HomeMy WebLinkAboutR-2009-191 Opposing Broward County Toxicological Charges RESOLUTION NO. 2009-191 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, OPPOSING BROWARD COUNTY'S PROPOSAL TO CHARGE, FOR THE FIRST TIME, MUNICIPALITIES IN THE COUNTY FOR TOXICOLOGICAL SERVICES; URGING MUNICIPALITIES THROUGHOUT BROWARD COUNTY TO OPPOSE THE COUNTY'S PROPOSED NEW CHARGES FOR SUCH SERVICES; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE BOARD OF COUNTY COMMISSIONERS FOR BROWARD COUNTY, THE BROWARD LEAGUE OF CITIES, AND ALL MUNICIPALITIES WITHIN BROWARD COUNTY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, toxicological services (for example, analysis of the alcohol and drug blood levels of individuals arrested or suspected of driving under the influence) provided by the Medical Examiner's Office, have been funded, for many years, from Broward County (the "County") revenues, at no additional cost to municipalities in the County; and WHEREAS, the County has proposed charging, for the first time, municipalities in the County for toxicological services based on estimates from expenses incurred over the past several years; and WHEREAS, payment for such services should continue to be the responsibility of the County government and should not become the burden of the municipalities because driving under the influence is a County-wide problem that transcends municipal boundaries (as violators travel throughout the County); and WHEREAS, the results of the toxicological services are used by the Broward State Attorney's office, not the municipalities, in determining whether a defendant should be prosecuted; and WHEREAS, the City Commission deems it to be in the best interest of the citizens and residents of the City to oppose the County's proposal to charge, for the first time, municipalities in the County for toxicological services; NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. The foregoing "WHEREAS" clauses are ratified and confirmed as being true and correct and they are made a specific part of this Resolution. Section 2. The City Commission of the City of Dania Beach, Florida opposes the County's proposal to charge, for the first time, municipalities in the County for toxicological services. The City Commission further urges municipalities in Broward County to oppose the new charges. Section 3. The City Clerk is directed to provide a certified copy of this Resolution to the Board of County Commissioners for Broward County, the Broward League of Cities and all municipalities in Broward County. Section 4. All Ordinances or parts of Ordinances, Resolutions or parts of Resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 5. This Resolution shall become effective immediately upon its passage and adoption. PASSED AND ADOPTED on October 13, 2009. CITY OF DDANIA BEACH, FLORIDA 0,c A TEST: ,S F/ E CASTRO R COMMISSIONER LO ISE STILSON, CMC CITY CLERK APPROVE AS FORM AND CORRECTNESS: ( 7�n n — TH M CITY TT EY 2 RESOLUTION #2009-191