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Home My WebLink About2015-003ORDINANCE NO. 2015- 003 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 305.08, MAINTENANCE OF TRAFFIC EDUCATION PROGRAM TRUST FUND; SECTION 305.09, RESERVED; AND SECTION 305.10, USES AND PURPOSES OF TRAFFIC EDUCATION PROGRAM TRUST FUND, OF THE CODE OF INDIAN RIVER COUNTY TO CREATE "THE INDIAN RIVER COUNTY DRIVER EDUCATION PROGRAM TRUST FUND" IMPLEMENTING THE DORI SLOSBERG DRIVER EDUCATION SAFETY ACT, AND MERGING THE INDIAN RIVER COUNTY TRAFFIC EDUCATION PROGRAM TRUST FUND INTO THE INDIAN RIVER COUNTY DRIVER EDUCATION PROGRAM TRUST FUND; PROVIDING FOR THE CREATION AND ADMINISTRATION OF THE INDIAN RIVER COUNTY DRIVER EDUCATION PROGRAM TRUST FUND; PROVIDING FOR THE CLERK OF THE CIRCUIT AND COUNTY COURT TO COLLECT AN ADDITIONAL $5.00 WITH EACH CIVIL TRAFFIC PENALTY ASSESSED IN THE INCORPORATED AND UNINCORPORATED AREAS OF INDIAN RIVER COUNTY TO BE DEPOSITED INTO THE INDIAN RIVER COUNTY DRIVER EDUCATION PROGRAM TRUST FUND TO FUND DRIVER EDUCATION PROGRAMS IN PUBLIC AND NONPUBLIC SCHOOLS; PROVIDING FOR A QUARTERLY REPORT; PROVIDING FOR GRANTS FROM THE INDIAN RIVER COUNTY DRIVER EDUCATION PROGRAM TRUST FUND; AND PROVIDING FOR SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, Section 318.1215, Florida Statutes, known as the "Dori Slosberg Driver Education Safety Act," authorizes the Board of County Commissioners to adopt an ordinance requiring the clerk of the court to collect an additional $5.00 with each civil traffic penalty, to be used to fund driver education programs in public and nonpublic schools; and WHEREAS, implementation of the Dori Slosberg Driver Education Safety Act serves a legitimate public purpose and is in the best interest of the citizens of Indian River County, NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, THAT: Coding: Words underscored are additions to text; words in s*rFog# format are deletions to text. 1 ORDINANCE NO. 2015- 003 Section 1. Section 305.08. — Maintenance of traffic education program trust fund, is amended as follows: Section 305.08. - Maintenance of €fie driver education program trust fund. The Indian River County Traffic Education Program Trust Fund, created October 1, 2002 by Ordinance No. 2002-026, and re-established effective July 1, 2004 by Ordinance No. 2004- 019, shall be maintained by the clerk and county in the Indian River County Driver Education Program Trust Fund for the purposes set forth in section 3 05. 10 of the Code. Indian River County imposed an additional three dollar ($3.00) fee on all Eivie civil traffic penalties issued in Indian River County from October 1, 2002 through and including September 30, 2006. Civil traffic penalties are collectable for several years after the issuance of the civil traffic infraction ticket. Any three dollar ($3.00) fee received on and after October 1, 2006 shall be deposited in the Indian River Tr-a€fte Driver Education Program Trust Fund. There is hereby created the Indian River County Driver Education Program Trust Fund. Funds deposited into the Indian River County Driver Education Program Trust Fund shall be used to fund driver education programs in public and nonpublic schools. The funds shall be used for direct educational expenses and shall not be used for administration. The Board shall administer the funds deposited into the Indian River County Driver Education Program Trust Fund. Section 2. Section 305.09. — Reserved, is amended as follows: Section 305.09. — ReseFved Collection of $5.00. Effective March 1, 2015, the Clerk shall collect an additional $5.00 with each civil traffic penalty assessed in the County. The collection of such additional $5.00 shall not be waived. The Clerk shall keep a record of funds collected. The Clerk shall deposit all funds collected pursuant to this section into the Indian River County Driver Education Program Trust Fund. Beginning on March 1 2015 once each quarter, the Clerk shall submit a full report to the Board as to the amount of funds collected and deposited into the Indian River County Driver Education Program Trust Fund and the amount of expenditures from the Indian River Driver Education Program Trust Fund. Section 3. Section 305.10. — Uses and purposes of traffic education program trust fund, is amended as follows: Coding: Words underscored are additions to text; words in strikethFeugh format are deletions to text. ORDINANCE NO. 2015- 003 Section 305.10. - Uses and purposes of tra#fie driver education program trust fund. Funds deposited into the Indian River County T-r-affie Driver Education Program Trust Fund shall be used to fund tr-affie driver education programs in public and nonpublic schools. The funds shall be used for direct educational expenses and shall not be used for administration. The board shall administer the funds deposited into the Indian River County 44-affie Driver Education Program Trust Fund. The board shall award annual grants from funds deposited into the Indian River Tr-affie Driver Education Program Trust Fund to public and nonpublic schools for tfaffie driver education programs in such public and nonpublic schools, based on an application and selection procedure administered by the county administrator or his designee. Section 4. Severability If any portion of this ordinance is held or declared by a court of competent jurisdiction to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance, which shall remain in full force and effect. Section 5. Codification It is the intention of the Board of County Commissioners that the provisions of this ordinance shall become and be made a part of The Code of Indian River County, and that the sections of this ordinance may be renumbered or relettered, and the word "ordinance" may be changed to "section," "article," or such other appropriate word or phrase in order to accomplish such intention. Section 6. Effective Date This ordinance shall take effect on March 1, 2015. This ordinance was advertised in the Indian River Press Journal on the 6th day of February, 2015 for a public hearing on the 17th day of February, 2015, at which time it was moved for adoption by Commissioner Flescher , and seconded by Commissioner zorc , and adopted by the following vote: Coding: Words underscored are additions to text; words in strike g" format are deletions to text. ORDINANCE NO. 2015- 0o3 Chairman Wesley S. Davis Ave Vice Chairman Bob Solari Ave Commissioner Joseph E. Flescher AVP T Commissioner Tim Zorc Ave Commissioner Peter D. O'Bryan The Chairman thereupon declared this Ordinance duly passed and adopted this 17th day of February, 2015. Attest: Jeffrey R. Smith Clerk of Court and Comptroller By Y� Deputy Clerk Approved as to form and legal sufficiency i 9y. 13y Dylan Reingold, County Attorney INDIAN RIVER COUNTY, FLORIDA Board of County Commissioners COflt�jjs• B s%;;•. Wesley S. bavis, Chairman q�OUNN��•' EFFECTIVE DATE: The effective date of this ordinance is March 1, 2015. This ordinance was filed with the Florida Department of State on the day of February, 2015. Coding: Words underscored are additions to text; words in stFikethFOUgh format are deletions to text. 4