43-76 ORDINANCE NO. 43-76
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA ~ENDING Tt~ CODE OF
ORDINANCES OF'SAID CITY TO PROVIDE FOR "ASSESSMENT
FOR LAW ENFORCEMENT EDUCATION"; PROVIDING FOR A
ONE DOLLAR ($1.00) ASSESSMENT AS ADDITIONAL COURT
COSTS AGAINST EVERY PERSON CONVICTED FOR VIOLATION
OF A MUNICIPAL ORDINANCE OF SAID CITY; EXEMPTING
PERSONS CONVICTED OF PARKING VIOLATIONS FROM SUCH
ASSESSMENT; ESTABLISHING A FUND TO BE KNOWN AS
"THE LAW ENFORCEMENT EDUCATION FUND";'AUTHORIZING
EXPENDITURES OF INTEREST AND PRINCIPAL FROM SAID
FUND BY THE CITY COUNCIL FOR THE PURPOSE OF LAW
ENFORCEMENT EDUCATION OF ~MBERS OF THE POLICE
DEPARTMENT OF DELRAY BEACH; PROVIDING FOR AUTHORITY
TO CODIFY; PROVIDING A SAVING CLAUSE; PROVIDING
REPEALING PROVISIONS; PROVIDING AN EFFECTIVE DATE.
WHEREAS, Section 943.25, Florida Statutes, provides that~every court
created by the Florida Constitution or by legislative act shall assess One
Dollar ($1.00) as a court cost against every person convicted for violation
of a state penal or criminal statute or convicted for violation of a munici-
pal or county ordinance; and,
WHEREAS, Section 943.25, Florida Statutes, provides: "Municipalities
and counties may assess an additional One Dollar ($1.00) as aforesaid, for
law enforcement education expenditures for their respective law enforcement
officers"; and,
WHEREAS, the City Council of the City of Delray Beach, Florida, ha~
determined that said assessment will assist in alleviating the financial
burdens in providing for law enforcement education and training of police
officers for the City of Delray Beach, Florida:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA AS FOLLOWS:
Section 1. That the Code of Ordinances of the City of Delray Beach,
Florida, is hereby amended to add the following:
Assessment for Law Enforcement Education.
(a) Ail Courts enforcing the municipal ordinance of the City
of Delray Beach shall assess One Dollar ($1.00) as additional
court costs against every person convicted for violation of a
municipal ordinance of the City of Delray Beach as authorized
by Section 943.25 of the Florida Statutes. Ail such sums shall
be turned over to the Finance Director to be deposited in a
fund as established in (b) to be known as the Law Enforcement
Education Fund.
"(b) There is hereby established in said City, a fund to be
known as the Law Enforcement Edueation Fund. All funds re-
ceived by the City from the assessment of court costs
established in this section shall be- segregated from all
other funds of the City and set.apart by the Finance Director
in a separate fund to be known and designated as the 'Law
Enforcement Education Fund.' Such funds may, from time to
time, in the discretion of the City CoUncil, be invested.
The interest received upon such funds and the principal
thereof may, upon the request of the Chief. of Police of
the City of Delray Beach, be used for law enforcement
education expenditures for the benefit of members of the
Dleray Beach Police Department. Expenditures shall be
permitted by the City Manager, upon approval of the City
Co~cil, when authorized in accordance with law."
Section 2. That specific authority is hereby granted to codify and
incorporate this Ordinance in the City's existing Code.
Section 3. That should any~ section or provision of this ordinance or
any portion thereof, any paragraph, sentence or word be declared by a court
of competent jurisdiction to be invalid, such decision shall not affect the
validity of the remainder hereof as a whole or part thereof other than the
part declared to be invalid.
Section 4. That all ordinances or parts of ordinances in conflict
herewith are hereby repealed.
Section 5. That this ordinance shall become effective ten days after
passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final reading on
this the 13th day of December , 1976.
ATTEST:
"' y- City Clerk
First Reading. November 22, 1976
Second Reading December 13, 1976
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Ord. No. 43-76