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
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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
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ORDINANCE NO. 2012-033
ACKNOWLEDGMENT by the Department of State of the State of Florida, this
day of , 2012.
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words in underlined format are additions to existing text.