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1995-23 Moving Violations Surcharges be Allocated to Enhance Radio Comm Systems RESOLUTION NO. 95 - 23 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF PARKLAND, FLORIDA, URGING THE FLORIDA LEGISLATURE TO AMEND F.S. 316.655(6) TO REQUIRE THAT ALL SURCHARGES LEVIED ON MOVING VIOLATIONS, PURSUANT TO F.S. 316.655(6), WITmN A MUNICIPALITY BE ALLOCATED TO SAID MUNICIPALITY IN ORDER TO ENHANCE MUNICIPAL LOCAL GOVERNMENTAL RADIO COMMUNICATION SYSTEMS WITHIN SUCH MUNICIPALITY; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,. Section 316.655(6) of the Florida Statutes authorizes each county within the State of Florida which participates in an intergovernmental radio communications program approved by the Division of Communications of the Department of General Services to assess a surcharge of up to $12.50 for each moving traffic violation as determined pursuant to Chapter 316 or Chapter 318 of the Florida Statutes; and WHEREAS, the above described surcharge is to be used by each county to fund each county's participation in the intergovernmental radio communications program; and WHEREAS, municipalities throughout the State of Florida participate in the intergovernmental communications program approved by the Division of Communications of the Department of General Services; and WHEREAS, the Attorney General of the State of Florida has opined that no municipal government may either enact a surcharge as provided in F.S. 316.655(6), or share in the proceeds of any surcharge adopted by any county as provided in F.S. 316.655(6); and WHEREAS, the primary pwpos~ of the intergovernmental radio communications program approved by the Division of Communications of the Department of General Services is to preserve the lives and the property of all of the citizens of the State of Florida; and WHEREAS, it is inequitable to provide for the subsidy of county intergoverrimental radio communications programs and not that of municipalities through the surcharge as provided in F.S. 316.65 5(6) as municipal intergovernmental radio communications form an impbrtant part of communications within the State of Florida which benefit all the citizens of the State of Florida; and WHEREAS, the City Commission of the City of Parkland, Florida, believes it is in the best interests of its citizens and those of the State of Florida at large to require that all proceeds of the surcharge levied by a county for moving violations within a municipality be required to be allocated to said municipality for the encouragement of the enhancement of municipal intergovernmental radio communications systems; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF PARKLAND, FLORIDA AS FOLLOWS: Section 1. That the foregoing Whereas clauses are true and correct and hereby ratified by the City Commission. Section 2. That the City Commission of the City of Parkland, Florida, hereby urges the Legislature of the State of Florida to amend F.S. 316.655(6) to require that all surcharges levied on moving violations, pursuant to said subsection, within a municipality, be allocated to said municipality' in order to enhance municipal local governmental radio communications systems within such municipality. Section 3. That a copy of this Resolution shall be forwarded to the County Commissioners of Broward County, the Florida League of Cities, the Broward County League of Cities, each member of the Broward County Legislative Delegation, and all municipalities within Broward County . Section 4. That all Resolutions or parts of Resolutions in conflict herewith, be and the same are repealed to the extent of such conflict. Section 5. If any clause, section or other part of this Resolution shall be held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part shall be considered as eliminated and in no way effecting the validity of the other provisions of this Resolution. Section 6. This resolution shall become effective upon adoption. Date Adopted: April 5 . 1995. (SEAL) CITY OF PARKLAND, FLORIDA d~' ~ S PAGLI YOR ATTESTED: ~~ SUSAN ARMSTRONG, CITY. ERK