PASCO COUNTY, FLORIDA

INTEROFFICE MEMORANDUM

TO:                  Honorable Chairman    DATE:              12/02/02    FILE: CAO 801-1205

                        Members of the Board

                        Of County Commissioners

THRU:              Robert D. Sumner,                   SUBJECT:        Introduction of Proposed

County Attorney                                               Amendments to Pasco County Code, Chapter 106

FROM:             Kristi A. Wooden,                     RE:      Additional penalties for Civil Traffic

Assistant County Attorney                   Violations and Parking Violations

It is recommended that the date herein presented be given formal consideration by the Board of County Commissioners

DESCRIPTION AND CONDITIONS:

Effective October 1, 2002, the Legislature authorized counties to require, by ordinance, that the clerk of the court collect an additional $3.00 with each civil traffic penalty, which “shall be used to fund traffic education programs in public and nonpublic schools.”  FS 318.1215.  The ordinance “shall provide for the board of county commissioners to administer the funds.”  The funds “shall be used for direct educational expenses and shall not be used for administration.”  The attached proposed amendment adds a general provision authorizing the clerk to collect $3.00 with every civil traffic penalty and provides for distribution of the funds as required by the statute.

Section 106-28 of the Pasco County Code provides civil penalties for parking violations issued by deputy sheriffs and parking enforcement specialists employed by the sheriff.   The clerk is currently authorized to collect a $5.00 “school crossing guard program” fee under FS 318.21 for all parking violations.  The attached proposed amendment re-codifies the school crossing guard program fee, and adds the new traffic education fee to the penalty provisions for parking violations.

ALTERNATIVES AND ANALYSIS:

We request that the Board of County Commissioners consider the following alternatives:

1. Direct the clerk to properly advertise the attached proposed amendments  for public hearing before the Board of County Commissioners.

2. Direct the County Attorney’s Office and staff to a different course of action.

RECOMMENDATION AND FUNDING:

It is the recommendation of the County Attorney’s Office that the Board of County Commissioners approve alternative 1.

No funding is necessary for this item.

Attachments:  Proposed Amendments to Chapter 106, Pasco County Code of Ordinances

cc:        The Honorable Jed Pittman, Clerk of the Circuit Court

            Michael Nurrenbrock, Director, Office of Management and Budget