Sec. 94-72. - Findings and intent.
Sec. 94-76. - Conflict and severability.
Secs. 94-77—94-85. - Reserved.
This division shall be known as the Offender Registration Fee Ordinance.
(Ord. No. 08-19, § 1)
Sec. 94-72. - Findings and intent.
(a)
Each individual designated by the State of Florida, or by any other statute of any other state of the United States, or by the Government of the United States, or any agency thereof as a "convicted felon", "career offender", "sexual offender" or "sexual predator", and who is required by any such law to register in the State of Florida, as a "convicted felon", "career offender", "sexual offender" or "sexual predator" represents an increased risk of harm to the citizens of Collier County.
(b)
Protecting the citizens of Collier County from harm is enhanced by recognizing the risks that said individuals represent while residing in Collier County and providing the necessary resources to ensure the proper monitoring, tracking, registering and management of their presence.
(c)
It is the intention of this division to be regulatory in nature and nonpunitive, relating to the purpose of promoting, protecting and improving the health, safety and welfare of all the citizens of Collier County and to protect the children of Collier County and other potential victim(s) from potential victimization by registered convicted felons, career offenders, sexual offenders and sexual predators.
(Ord. No. 08-19, § 2)
This division shall apply to incorporated as well as unincorporated areas of Collier County.
(Ord. No. 08-19, § 3)
The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Address change means any subsequent registration process whereby the individual reports to the sheriff a change, modification or addition in either a temporary or permanent address (excluding changes made during required quarterly/biannual re-registrations), whereby the individual's change of address requires personal verification. This constitutes a recurring fee.
Career offender means an individual who is required to register with the sheriff as a career offender as prescribed under F.S. § 775.261.
Convicted felon means an individual who is required to register with the sheriff as a convicted felon as prescribed under F.S. § 775.13.
Initial registration means the first registration, which is outlined and described within F.S. §§ 775.13, 775.261, 775.21, 943.0435 and 944.607; whereby an individual is required to register with the Collier County Sheriff upon release from incarceration or upon their arrival in Collier County as a temporary or permanent resident. This constitutes a maximum one-time fee, per annum.
For each career offender, convicted felon, sexual offender and sexual predator that is currently registered, the initial registration fee shall apply during their first initial registration or re-registration, following passage of this division.
Registered sexual offender or registered sexual predator means an individual who is required to register with the sheriff as a "sexual offender" or "sexual predator", as prescribed under F.S. §§ 775.21, 943.0435 and 944.607, (also known as the Florida Sexual Predator Act).
Re-registration means any subsequent registration process with the sheriff, which updates and otherwise validates an individual's information based on requirements of F.S. §§ 775.21, 943.0435 and 944.607. Re-registration consists of biannual and quarterly re-registrations based on certain offense criterion outlined within Florida's Sexual Offender and Sexual Predator Statutes. This constitutes a recurring fee.
(Ord. No. 08-19, § 4)
(a)
Collection of fees. Any individual who is required to register, re-register or report changes of either a temporary or permanent address, or modify statutorily required information to the sheriff, as a convicted felon, career offender, sexual offender or sexual predator shall pay to the Collier County Sheriff's Office the following fees for such services:
| Initial registration | The sum of $75.00. |
| Re-registration | The sum of $25.00. |
| Address/information change | The sum of $10.00. |
(1)
Said payment shall be paid at the time of registration and shall be paid in exact change/cash or certified funds, no personal checks. Said fees are nonrefundable and nontransferable to or from other counties or jurisdictions with similar registration fee structures.
(2)
All registration fees paid by a convicted felon, career offender, sexual offender or sexual predator shall be recorded and a copy of the receipt provided thereof.
(b)
Exemptions and failure to pay registration fees. The sheriff shall not refuse to register, re-register or modify an address or required information of a person, who does not pay the fee, at the time of registering as required by this division.
(1)
The sheriff shall immediately invoice all unpaid fees and provide a copy to the convicted felon, career offender, sexual offender or sexual predator for payment. All invoiced fees shall be paid within 30 days of invoicing.
(2)
Any portion of invoiced fees which remain unpaid after 30 days may result in civil enforcement in accordance with F.S. §§ 125.01(t) and 125.69(1).
(3)
The sheriff shall report unpaid fees in accordance with standard accounting practices and the county may seek to recover said fees in a civil action in the same manner as other money due the county.
(4)
The sheriff shall not require the payment of any fee from an unemancipated minor, juvenile sexual offender or juvenile sexual predator, who is less than 18 years of age, until said individual reaches 18 years of age, at which time the applicable fees shall apply anew. Registrations with the sheriff upon reaching age of majority or emancipation shall constitute an initial registration.
(5)
The sheriff shall not require the payment of any fee from an individual whose change of address is the result of their incarceration. An incarcerated individual's initial registration and re-registration fees (quarterly or biannual) still apply and shall be collected.
(c)
Disposition of collected registration fees. Fees collected pursuant to this division shall be deposited by the sheriff's office into the sheriff's general operating account to offset increased expenses associated with tracking, monitoring and managing the aforesaid offenders in Collier County.
All funds from the collected registration fees shall be earmarked for exclusive distribution toward the administration and operation costs associated with tracking, monitoring, and managing sex offenders and sexual predators and toward programs and training in protecting children from harm by sexual offenders and sexual predators.
(d)
Penalties. A person who fails to pay all applicable registration fees in accordance with this division, or who violates any part of this section, shall be punished by a fine not exceeding $500.00, or by imprisonment for a term not exceeding 60 days in the county jail, or by both such fine and imprisonment in accordance with F.S. §§ 125.01(t) and 125.69(1).
(Ord. No. 08-19, § 5)
Sec. 94-76. - Conflict and severability.
In the event this division conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this division is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion.
(Ord. No. 08-19, § 6)