Agenda

Back to Calendar Return

County Attorney's Report 12. 3.

BCC Regular Meeting

Action

Meeting Date:	02/05/2015
Issue: Authorize the Scheduling of a Public Hearing to consider adopting an Ordinance relating to Ch. 34, Courts, of the Escambia County Code of Ordinances
From:	Kristin Hual
Department:	County Attorney's Office
CAO Approval:

RECOMMENDATION:

Recommendation Concerning the Scheduling of a Public Hearing to Consider Adopting an Ordinance Repealing Sec. 34-3 and 34-4, Amending Sec. 34-7, and Creating Sec. 34-11 relating to Chapter 34, Courts, of the Escambia County Code of Ordinances

That the Board authorize the scheduling of a Public Hearing for February 19, 2015, at 5:34 p.m. for consideration of adopting an Ordinance repealing Sec. 34-3 of the Escambia County Code of Ordinances providing for the assessment of additional court cost for teen court programs, repealing Sec. 34-4 of the Escambia County Code of Ordinances providing for the assessment of additional court cost for funding of a juvenile assessment center, amending Sec. 34-7 of the Escambia County Code of Ordinances providing for the assessment of additional court costs, and creating Sec. 34-11 of the Escambia County Code of Ordinances providing for the assessment of court costs for criminal justice education degree programs.

BACKGROUND:

Pursuant to the authority granted in §939.19, Florida Statutes, the Board of County Commissioners previously enacted Part 1, Chapter 34, Sec. 34-3 of the Escambia County Code of Ordinances providing for the assessment of additional court cost for teen court programs, and this provision was duplicated by the subsequent enactment of Sec. 34-8 and 34-9 cited as the “Teen Court Assessment Ordinance.” Pursuant to the authority granted in §939.17, Florida Statutes, the Board of County Commissioners also enacted Part 1, Chapter 34, Sec. 34-4 of the Escambia County Code of Ordinances providing for the assessment of additional court cost for funding of a juvenile assessment center, and the authorizing statute was subsequently repealed. The proposed Ordinance will repeal Sec. 34-3 and 34-4 of the Escambia County Code of Ordinances.

Pursuant to the authority granted in §939.185, Florida Statutes, the Board of County Commissioners previously enacted Part 1, Chapter 34, Sec. 34-7 of the Escambia County Code of Ordinances providing for the assessment of additional court costs for certain penalties. The proposed Ordinance will amend Sec. 34-7(a) of the Escambia County Code of Ordinances to conform to the requirements set forth in the authorizing statute.

Pursuant to the authority granted in §938.15, Florida Statutes, the Board of County Commissioners is authorized to enact an ordinance providing for an assessment of court costs for criminal justice education degree programs. The proposed Ordinance creating Part 1, Chapter 34, Sec. 34-11 will provide for the collection of such costs.

BUDGETARY IMPACT:

N/A

LEGAL CONSIDERATIONS/SIGN-OFF:

The proposed Ordinance was drafted by Assistant County Attorney, Kristin D. Hual.

PERSONNEL:

N/A

POLICY/REQUIREMENT FOR BOARD ACTION:

N/A

IMPLEMENTATION/COORDINATION:

A copy of the Ordinance will be filed with the Department of State.

Attachments
Ordinance Amending Ch. 34