Sec. 2-451. - Title and citation.

This division shall be known as the "Dori Slosberg Driver Education Ordinance".

(Ord. No. 03-39, § 1, 7-29-03)

Sec. 2-452. - Findings of fact and purpose.

(a)

The U.S. Department of Transportation's National Highway Traffic Safety Administration studies reveal that a significant percentage of young drivers are involved in traffic crashes and are twice as likely as adult drivers to be in a fatal crash and that the problems contributing to these higher crash rates include driving inexperience and lack of adequate driving skills.

(b)

There is information indicating that not all eligible high school students in Collier County are given the opportunity to participate in driver education programs.

(c)

Due to the high demand and importance of driver education programs, existing programs need to be expanded and additional programs created.

(d)

The Board of County Commissioners is authorized by F.S. § 318.1215 to enact an ordinance authorizing the clerk to collect a $3.00 surcharge on all civil traffic penalties in county court to be used to fund the direct education expenses of traffic education programs in both public and non-public high schools.

(Ord. No. 03-39, § 2, 7-29-03)

Sec. 2-453. - Collection of surcharge.

(a)

Pursuant to F.S. § 318.1215, a $5.00 surcharge shall be added by the Collier County Court against every person who pleads guilty or nolo contendere to, or is convicted of, regardless of adjudication, a moving or non-moving civil traffic violation.

(b)

The $5.00 surcharge shall be in addition to any fine, civil penalty or other court cost and will not be deducted from the proceeds of that portion of any fine or civil penalty which is received by Collier County in accordance with F.S. §§ 316.660 and 318.21.

(c)

The $5.00 surcharge shall be specifically added to any civil penalty paid, whether such penalty is paid by mail, paid in person without request for hearing, or paid after hearing and determination by the court.

(Ord. No. 03-39, § 3, 7-29-03; Ord. No. 2007-39, § 1)

Sec. 2-454. - Distribution of funds collected.

(a)

The clerk shall collect the $5.00 surcharge in accordance with F.S. § 318.1215.

(b)

All funds collected pursuant to this section shall be used for the exclusive purpose of funding driver education programs, and shall be deposited into a special trust fund to be used to exclusively fund the direct education expenses of driver education programs in both public and non-public high schools.

(c)

All funds collected shall be used exclusively to supplement (enhance and not replace) funding for direct education expenses of driver education programs in both public and non-public high schools.

(d)

Direct educational expenses are incurred for the purchase of goods and services including, but not limited to, driver education course materials, vehicles exclusively used for driver education programs, driver simulators, and salaries of driver education instructors and shall not include administrative expenses.

(Ord. No. 03-39, § 4, 7-29-03; Ord. No. 2007-39, § 1)

Sec. 2-455. - Expenditure and management of funds budgeted.

(a)

The county manager, or his designee, with direction from the Board of County Commissioners, in accordance with F.S. § 318.1215, and with the budget adopted by the Collier County Board of Commissioners, shall have the authority to provide for the expenditure of funds remitted to the driver education program.

(b)

Procedures for disbursement of the funds collected pursuant to this section shall be developed by the county manager, or his designee, and approved by the Board of County Commissioners.

(c)

In order to receive funds, the eligible public and non-public high schools must make application for funds and receive approval by Collier County in accordance with the program procedures established by the county manager and must execute an acceptance agreement, acknowledging that funds received shall be used exclusively by the recipient for direct educational expenses for driver education programs, shall enhance and not be used to replace funds received from existing sources, and that the program receiving funds requires that a minimum of 30 percent of a student's time in the program be behind-the-wheel training.

(d)

Monies that have not been disbursed at the end of each fiscal year shall be retained for disbursement in the subsequent fiscal year(s), as appropriate.

(Ord. No. 03-39, § 5, 7-29-03; Ord. No. 2007-39, § 1)

Sec. 2-456. - Construction.

This division is to be construed in accordance with F.S. § 318.1215, as it may be amended or replaced.

(Ord. No. 03-39, § 6, 7-29-03)

Secs. 2-457—2-600. - Reserved.