§ 2-205. Intergovernmental radio communications fund; assessment of additional costs against persons convicted of moving traffic violations to support fund.

(a)

Short title. The ordinance from which this section derived shall be known and may be cited as the Polk County Intergovernmental Radio Communications Funding Ordinance.

(b)

Numbers/genders. In construing this section, the singular shall include the plural and the masculine shall include the feminine.

(c)

Applicability. This section shall apply to traffic violations occurring in all areas of Polk County, including violations occurring within incorporated areas.

(d)

Definitions. [For the purposes of this section:]

Clerk shall mean clerk of the circuit court for the tenth judicial circuit, Polk County, Florida.

Commission shall mean the board of county commissioners of Polk County, Florida.

County shall mean Polk County, Florida, a political subdivision of the State of Florida.

Offense shall mean conviction for moving traffic violations as defined in Florida Statutes, Chapter 318 or 316, for which a defendant is found guilty or for a defendant for whom adjudication of guilt for the commission of a moving traffic violation is withheld.

Surcharge shall mean twelve dollars and fifty cents ($12.50) additional cost taxed against persons convicted of moving traffic violations in Polk County, Florida.

(e)

Creation and accounting of fund.

(1)

Upon the effective date of this section, any defendant found guilty of violating any moving traffic violation in Chapter 316 and/or 318, Florida Statutes, or any defendant charged with a violation of Chapter 316 and/or 318, Florida Statutes, but for whom adjudication is withheld shall be assessed twelve dollars and fifty cents ($12.50) on each moving traffic violation offense that a violation is adjudicated or for violations for which adjudication is withheld. All courts created by Article V of the Florida Constitution within Polk County shall, in addition to any fine or other penalty assessed, impose the twelve dollar and fifty cent ($12.50) surcharge against defendants adjudicated within the court's jurisdiction or for whom adjudication is withheld as described above.

(2)

Once the surcharge is assessed, the clerk shall keep a record of surcharges assessed, and those assessments shall be collected by the clerk. The clerk shall forward all assessment monies collected to the commission for deposit into a separate account titled "Polk County Intergovernmental Radio Communications Fund." A full report from the clerk as to the amount of the assessments imposed by the courts and the amount of funds collected and deposited into the Intergovernmental Radio Communications Fund shall be reported to the board of county commissioners annually, or when requested by the commission.

(f)

Expenditures. Monies deposited into the Polk County Intergovernmental Radio Communications Fund shall be used to financially assist in creation, expansion, maintenance, repair, and enhancement of the Polk County Intergovernmental Radio Communication System as approved by the Division of Communications of the Department of General Services of the State of Florida for the benefit of Polk County.

(Ord. No. 93-53, §§ 1—6, 12-21-93)

Editor's note

Ordinance No. 93-53, §§ 1—6, adopted Dec. 21, 1993, did not specifically amend the Code; hence, codification as § 2-205 was at the discretion of the editor.