Sec. 2-396. - Investment, reimbursement of surplus public funds.
Sec. 2-397. - Dishonored checks.
Secs. 2-398—2-450. - Reserved.
Sec. 2-396. - Investment, reimbursement of surplus public funds.
(a)
In accordance with a cash management and investment policy established by the Board of County Commissioners by resolution, the Clerk to the Board is hereby authorized to purchase and sell investment securities at prevailing market prices/rates on behalf of and in the name of the Board of County Commissioners when, in the judgment of the Clerk to the Board:
(1)
Sufficient surplus funds have accumulated in the accounts of the Board of County Commissioners; or
(2)
The Board of County Commissioners has on hand or has accumulated moneys by reason of the sale of its owner securities.
The Clerk to the Board, in accordance with the cash management and investment policy adopted by the Board, shall pay the proceeds of such security sales into the proper accounts or funds of the Board of County Commissioners.
(b)
Upon adoption of this section (August 25, 1987), the Clerk to the Board shall prepare and propose to the Board of County Commissioners a cash management and investment policy which shall address, at a minimum, the issues of general investment objectives, types of instruments to be selected, maturity, risk and diversification of investments and investment institutions, issuers and dealers to be selected. Upon review of the Clerk's proposed policy and such other matters as the Board may deem appropriate, the Board shall establish a cash management and investment policy by resolution. In addition, the Clerk to the Board shall establish appropriate written internal control and investment procedures which shall address, as a minimum, master accounts, separation of functions, investment delivery and payment procedure, custodial arrangements, trust receipts and confirmation, performance evaluations and operations auditing and reporting, both interim and annual. Such procedures shall be reviewed periodically as may be determined by the Clerk to the Board to assure optimum fiscal control.
(c)
This section is not intended to and shall not be interpreted to abrogate any provision contained in any bond resolution or ordinance of the Board of County Commissioners relating to the investment of bond proceeds temporarily available in specific funds or accounts.
(Ord. No. 87-65, §§ 1—3)
State law reference— Investment of public funds by county generally, F.S. § 125.31.
Sec. 2-397. - Dishonored checks.
(a)
Title and citation. This section shall be known and may be cited as the "Collier County Dishonored Check Ordinance".
(b)
Applicability. This section shall apply to and may be enforced in all areas of the County, including within municipalities. With regard to the applicability or enforceability of this section, it is immaterial as to where a dishonored check, draft or other order for the payment of money was delivered to any County official or agency.
(c)
Definitions. The following words, phrases or terms as used in this section shall have the following meanings unless the context clearly indicates otherwise:
(1)
Agency means this County, and any entity of the County government including every department, division, bureau, commission, authority, or dependent district. Agency shall also mean and include the tax collector, property appraiser, sheriff, supervisor of elections, and the clerk of the circuit court.
(2)
Check, draft, or other order means any negotiable instrument, bank draft, certificate of deposit, escrow account, or any other item delivered to the possession of any official or agency and that directs any third party individual or entity to pay money, conditionally or unconditionally, to any such official or agency, including any such item delivered as security for payment of any monetary obligation of any description.
(3)
Official means any individual employed by any agency in whom is vested the authority by law, ordinance, resolution, rule or regulation, or who has been delegated authority, to receive on behalf of the respective agency, any check, draft, or other order for the payment of money to any such official or agency.
(d)
Findings and purpose. The Board of County Commissioners hereby finds that collection of dishonored checks, drafts, and other orders to pay money to a County official or agency has direct and indirect costs including, but not limited to, employee labor, use of utilities and facilities, and expenditure of money. It is the purpose of this section to authorize collection of a service fee as authorized by F.S. § 125.0105 for any efforts to collect any dishonored check, draft, or other order for the payment of money delivered to any County official or agency.
(e)
Service fee for dishonored check. There is hereby adopted, subject to this section, a service fee of $20.00 or five percent of the face amount of the check, draft or order, whichever is greater, for the collection of a dishonored check, draft or other order for the payment of money to a County official or agency.
(1)
The service fee imposed hereby shall be in addition to all other penalties imposed by law for the dishonor of any check, draft or other order for the payment of money.
(2)
The proceeds of any such service fee shall be retained by the collector of the service fee.
(3)
This section and the service fee imposed hereby shall be applicable to any dishonored check, draft or other order currently held or hereafter received by any County official or agency as herein defined.
(4)
The tax collector, property appraiser, supervisor of elections, clerk of the circuit court, and the sheriff are hereby authorized but not required to impose and collect the service fee adopted by this section.
(Ord. No. 93-16, §§ 1—5)
State law reference— Service fee for dishonored check authorized, F.S. § 125.0105.