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HomeMy WebLinkAbout2012-033ORDINANCE NO: 2012- 033 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 98-27 PERTAINING TO SURETY BOND REQUIREMENTS FOR CERTAIN CONSTITUTIONAL OFFICERS. WHEREAS, Florida Law prior to 1998 required surety bonds of Boards of County Commissioners and all Constitutional Officers; and WHEREAS, Chapter 98-34, Laws of Florida, removed this requirement and instead gave each county the power to, by ordinance, require any officer to give bond conditioned for the faithful performance of the duties of his or her office, with the amount of the bond being approved by the Board of County Commissioners; and WHEREAS, the law suggests that in determining the amount of the bond the Board of County Commissioners consider the amount of money or property likely to be in the custody of the county officer at any one time; and WHEREAS, the Board of County Commissioners determines that it is in the public interest for the following officers to provide a surety bond in the amounts so stated; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS THAT: Section 1. Surety Bonds Requirements. Under the authority of Section 137.01, Florida Statutes, it is required that the following Constitutional Officers file with the Clerk of the Circuit Court a surety bond in the amounts indicated: Constitutional Officer Sheriff Clerk of the Court Tax Collector Property Appraiser Supervisor of Elections Amount of Bond Required $100,000 $100,000 $100,000 None None CODING: Words in strike -throng format are deletions to existing text; words in underlined format are additions to existing text. ORDINANCE NO. 2012-o33 Section 2. Payment of Bond Fee. The cost for the surety bonds base premiums required by section 1 of this ordinance shall be an expense paid out of the County General Revenue Fund by Any excess premium over the base premium shall be paid by the individual Constitutional Officer. Section 3. Filing of Bonds. Any bonds required by this ordinance of Constitutional Officers in office at the adoption of this ordinance shall be filed with the Clerk within 30 days after the effective date of this ordinance, and kept in force during the Officer's term of office. For Constitutional Officers who take office after the effective date of this ordinance, the bond shall be filed with the Clerk by the time the Officer takes the Oath of Office. Section 4. Effective Date. This ordinance shall take effect upon filing with the Florida Department of State. This ordinance was advertised in the Vero Beach Press -Journal on the 9th day of August, 2012, for a public hearing to be held on the 21St day of August, 2012, at which time it was moved for adoption by Commissioner 01 Bryan , seconded by Commissioner Davis and adopted by the following vote: Chairman Gary C. Wheeler Aye Vice Chairman Peter D. O' Bryan Aye Commissioner Wesley S. Davis Aye Commissioner Joseph E. Flescher Aye Commissioner Bob Solari Aye The Chairman thereupon declared the ordinance duly passed and adopted this 21st day of August , 2012. BOARD OF COUNTY COMMISSI INDIAN RIVER COUNTY, FLORA Gary C/7Vheeler, Chairman ATTEST: Jeffrey R. Smith, Cler f '" N.ti Court d Comp o ' APPROVED AS TO FORM By. AND LEGAL SUFFICIENCY Deputy lerk BY r ALAN'S. POL CKWICH COUNTY ATTORNEY 2 CODING: Words in strike -through format are deletions to existing text; words in underlined format are additions to existing text. �•N'M`N .. u.... •��MISSI - ro€ o; ..,�R11iER ,6 v , ORDINANCE NO. 2012-033 ACKNOWLEDGMENT by the Department of State of the State of Florida, this day of , 2012. 3 CODING: Words in strike throuo format are deletions to existing text; words in underlined format are additions to existing text.