HomeMy WebLinkAbout1994-185 / 10/94 (ch305 _ ClOc) OW
ORDINANCE 94- 18
AN ORDINANCE OF INDIAN RIVER COUNTY,
FLORIDA, AMENDING CHAPTER 305, COURTS,
TO INCLUDE A NEW PART IV D . U . I .
IMPOUNDMENT AND IMMOBILIZATION TRUST FUND.
WHEREAS, Section 316.193(6)(d) allows for the imposition of an
additional penalty for persons convicted of D.U.I.; and
WHEREAS, said penalty is impoundment or immobilization of the
convicted persons vehicle; and
WHEREAS, said section allows for the imposition of all costs and
fees for impoundment and immobilization; and
WHEREAS, the Sheriff has started a program of immobilization; and
WHEREAS, the herein established trust fund will provide an
orderly method for the collection and disbursement of costs and fees in
connection with the program,
MEE
COMMISSIONERS OF INDIAN RIVER COUNTY, that.
SECTION 1. AMENDMENT.
A new Part IV to Chapter 305 is added to read as follows:
Part IV. D.U.I. Impoundment and Immobilization Trust Fund
Section 305.30. Authority.
This part is enacted pursuant to Florida Statutes Chapter 125 and
Section 316.193(6)(d).
Section 305.31.
Creation and Accounting.
Pursuant to Chapter 316.193 (6) (d) , F . S . , whenever an impoundment or
immobilization is ordered as part of a D.U.I. penalty, the costs and fees
collected by the Sheriff shall be placed by the Sheriff in a special trust
fund account called the "D . U . I . Impoundment and Immobilization Trust
Fund". Said trust fund to be managed and administered by the Sheriff
in accordance with this part.
Section 305.32.
Expenditures .
All costs associated with program may be reimbursed to the Sheriff or
other local law enforcement agencies. The Sheriff on a quarterly basis
shall submit to the Board of County Commissioners a full report of
funds collected and expended.
SECTION 2. SEVERABILITY.
If any section, or any sentence, paragraph, phrase, or word of
this ordinance is for any reason held to be unconstitutional,
inoperative, or void, such holding shall not affect the remaining
n
portions of this ordinance, and it shall be construed to have been the
legislative intent to pass the ordinance without such unconstitutional,
N
law.
This ordinance
nvalid
or inoperative
part.
SECTION 3. EFFECTIVE DATE.
Approved and adopted by the Board of County Commissioners of
Indian River County, Florida, on this day of liLne 1994.
law.
This ordinance
shall
become effective upon becoming
Approved and adopted by the Board of County Commissioners of
Indian River County, Florida, on this day of liLne 1994.
on the 2,L day of May 1994, for a public hearing to be held
on the 2_ day of limp 1994, at which time it was moved for
adoption by Commissioner F gq e r t , seconded by Commissioner
Adams and adopted by the following vote
Chairman John W. Tippin A y e
Vice Chairman Kenneth R. Macht Aye
Commissioner Carolyn K. Eggert Aye
Commissioner Richard N. Bird Aye
Commissioner Fran B. Adams A y e
t4:
BOARD OF COUNTY COMMISSIONr,.w r
INDIAN RIVER COUNTY, FLORIDA
B A4
o n W. Tipp' airman
IV
Attest By j 47° h
r p `„
Acknowledgement by the Department 4 State of the Sate 91of .Florida,
this 5th day of July 1994.
Effective date: Acknowledgement from the Department of State received
on this 9th day of July 1994, at 10:00 a.m/loxm. and filed in
the Office of the Clerk of the Board of County Commissioners of Indian
River County, Florida.
Indf2n River Ca Approved Date
Admin.
Legal �Z _
Budget
Dept.
Risk Mgr,
This ordinance was advertised
in the
Vero Beach Press -Journal
on the 2,L day of May 1994, for a public hearing to be held
on the 2_ day of limp 1994, at which time it was moved for
adoption by Commissioner F gq e r t , seconded by Commissioner
Adams and adopted by the following vote
Chairman John W. Tippin A y e
Vice Chairman Kenneth R. Macht Aye
Commissioner Carolyn K. Eggert Aye
Commissioner Richard N. Bird Aye
Commissioner Fran B. Adams A y e
t4:
BOARD OF COUNTY COMMISSIONr,.w r
INDIAN RIVER COUNTY, FLORIDA
B A4
o n W. Tipp' airman
IV
Attest By j 47° h
r p `„
Acknowledgement by the Department 4 State of the Sate 91of .Florida,
this 5th day of July 1994.
Effective date: Acknowledgement from the Department of State received
on this 9th day of July 1994, at 10:00 a.m/loxm. and filed in
the Office of the Clerk of the Board of County Commissioners of Indian
River County, Florida.
Indf2n River Ca Approved Date
Admin.
Legal �Z _
Budget
Dept.
Risk Mgr,