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Home My WebLink AboutItem 07 First Reading of Ordinance to Amend Article III, Chapter 1 in the Code of Ordinances, Creating a Fingerprinting Fee and Adopt a Resolution Establishing a Fee ocoee florida AGENDA ITEM COVER SHEET Meeting Date: September 21, 2021 Item # Reviewed By: S. PtoixAu. Contact Name: Deputy Chief McKinstry Department Director: Chief P. i.se ci Contact Number: 407-554-7192 City Manager: Rob Frank /1!/ Subject First Reading of Ordinance to Amend'Article III, Chapter 1 in the Co s e:of"Ordinances, Creating a Fingerprinting Fee and Adopting a Resolution Establishing a Fee . Background Summary: The Ocoee Police Department's administrative staff provides the service of fingerprinting to citizens of Ocoee and non-residents at a maximum cost of five dollars ($5.00). The fingerprinting service is used by individuals who require fingerprinting for employment, immigration, concealed weapons permits, business licensing, adoption, etc. Staff has researched the fees charged by other municipalities and has found that there is no local law enforcement agency in or around Orange County which provides fingerprinting services to non-residents free of charge. Most law enforcement agencies also charge residents a fee for fingerprinting services. The Police Department incurs various expenses in offering the fingerprinting services. In addition to the hourly wages of the administrative staff trained to provide fingerprinting services, the Police Department must also have special electronic fingerprinting equipment, fingerprint stand, ink pads, card tables, hand cleaning material and other associated items and equipment. By establishing an ordinance providing for a fee for fingerprinting services the Police Department can recover some of the costs associated with providing this service to residents. The proposed amount of the fee is twenty-five dollars ($25.00) to non-Ocoee residents and ten dollars ($10) to residents. The proposed Ordinance will codify the fingerprinting service fee under Article III, Chapter 1, Administrative Service Fees. Issue: 1. Should the Honorable Mayor and Board of City Commissioners authorize the Ocoee Police Department to charge a fingerprinting fee in an amount to be established by resolution of the City Commission? 2. Should the Honorable Mayor and Board of City Commissioners create a new ordinance codifying the fingerprinting fee within Article III, Chapter 1, Administrative Service Fees? 1 Recommendations Staff recommends the City Commission adopt by resolution an administrative fee for providing fingerprinting services to non-Ocoee residents in the amount oftwenty-five dollars ($25.00) and ten dollars ($10) to residents. Staff also recommends the City Commission create a new Section within Article III, Chapter 1, Administrative Service Fees, to provide for the administrative fee associated with providing fingerprinting services. Attachment: • Proposed revised ordinance language, which would entirely replace the current language. • Proposed service fee resolution (PROVIDED FOR INFORMATION ONLY, NOT FOR ADOPTION AT THIS MEETING) Financial Impact: There is no financial impact from adopting the revised ordinance. Service fees will be established in a related resolution and will create a minimal revenue stream. Type of Item: (please mark with an `k) Public Hearing For Clerk's Dept Use: yOrdinance First Reading ' Consent Agenda j Ordinance Second Reading I Public Hearing j Resolution f '' Regular Agenda Commission Approval Discussion&Direction X Original Document/Contract Attached for Execution by City Clerk Reviewed by City Clerk's Office N/A Reviewed by City Attorney Logan Opsahl 9/8/2021 N/A Reviewed by Finance Dept. Rebecca Roberts 9/13/2021 N/A 2 ORDINANCE NO. 2021- AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA AMENDING ORDINANCE NO. 2016-006 BY AMENDING SECTION 1-14 OF THE CODE OF ORDINANCES OF THE CITY OF OCOEE ENTITLED "RECORD SEARCH FEES" PROVIDING FOR A NEW SUBSECTION; PROVIDNG FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. NOW,THEREFORE BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: SECTION 1. Authority. The City Commission of the City of Ocoee has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida, and Chapter 166, Florida Statutes. SECTION 2. Article III of Chapter 1 of the Code of Ordinances of the City of Ocoee is hereby amended to read as follows: ARTICLE III ADMINISTRATIVE SERVICE FEES §1-14 Record Search Fees (a) A fee may be charged for each research request seeking information from the City of Ocoee regarding a parcel of real property, condominium, or other similar holding, as recognized by the Orange County Property Appraiser, and seeking a report that identifies any outstanding liens, special assessments, utility balances, fees, fines, or other levies owed to the City of Ocoee and readily identifiable in the records of the city. (b) Payment of the required fee, which shall be established by resolution adopted by the City Commission of the City of Ocoee, is required prior to delivery of the report. The specified fee shall be paid for each separately identifiable unit of real property recognized by the Orange County Property Appraiser. (c) Research requests may be fulfilled by city staff or a third party authorized to do so by the city. Payment of the required fee may be made to the city through any authorized third-party provider of the requested information. (d) The city may require that all such research requests be directed to the third-party provider, if one is secured for these services. (e) A fee may be charged for fingerprinting services which shall be applicable to both inked and electronic fingerprinting. The fee shall be established by resolution adopted by the City Commission of the City of Ocoee. Payment of the fee is required at the time the fingerprinting services are provided. SECTION 3. Severabilit_y. If any section, subsection, sentence, clause, phrase or portion of this Resolution is for any reason 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 hereto. SECTION 4. Codification. It is the intent of the City Commission of the City of Ocoee that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City of Ocoee and that sections of this Ordinance may be renumbered or relettered and the word "ordinance" may be changed to "chapter," "section," "article," or such other appropriate word or phrase in order to accomplish such intent; and, regardless of whether such inclusion in the Code is accomplished, sections of this Ordinance may be renumbered or relettered and the correction of typographical errors that do not affect the intent may be authorized by the City Manager, without need of a public hearing, by filing a corrected and recodified copy of the same with the City Clerk. SECTION 5. Effective Date. This Ordinance shall become effective immediately upon passage and adoption. PASSED AND ADOPTED this day of , 2021. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Melanie Sibbitt, City Clerk Rusty Johnson, Mayor (SEAL) FOR USE AND RELIANCE ONLY BY APPROVED BY THE OCOEE CITY THE CITY OF OCOEE,FLORIDA; COMMISSION AT A MEETING HELD APPROVED AS TO FORM AND ON ,2021, LEGALITY THIS DAY OF UNDER AGENDA ITEM NO. ,2021. SHUFFIELD,LOWMAN&WILSON,P.A. By: City Attorney RESOLUTION NO. 2021- C A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, RELATING TO THE PROVISION OF FINGERPRINTING FEES; ADOPTING THE FEE FOR SUCH FINGERPRINTING SERVICES; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS the City Commission of the City of Ocoee, Florida, has enacted Ordinance No. 2021-21(the "Ordinance"), which authorizes the imposition of certain administrative service fees; and WHEREAS the Ordinance provides for the fee imposed for fingerprinting services is to be established by a resolution of the City Commission of the City of Ocoee; and WHEREAS the City Commission recognizes the value of providing finger printing services to the general public; and WHEREAS a public hearing was held on and comments and objections of all interested persons were heard and considered. NOW,THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF OCOEE,FLORIDA: SECTION1. AUTHORITY. This Resolution is adopted pursuant to the provisions of Ordinance No. 2021-007; the City of Ocoee Home Rule Charter; Article VIII, Section 2 of the Florida Constitution; Section 166.041,Florida Statutes; and other applicable provisions of law. SECTION 2. FEE ESTABLISHED. (A) The standard fee to be charged for fmgerprinting services provided to non- residents of the City of Ocoee shall be established at a rate of$25.00. (B) The standard fee to be charged for fingerprinting services provided to residents of the City of Ocoee shall be established at a rate of$10.00. 1 (C) Any fee imposed for fingerprinting services must be paid before the fingerprinting is conducted. Any third party providing fingerprinting services may be authorized by the City to accept payment for the service, with the amount collected forwarded to the City in accordance with an agreement between the parties. The city is authorized to pay any reasonable fees imposed by the third-party provider for its services, as may be specified in the agreement. SECTION 3. SEVERABILITY. 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 affecting the validity of other provisions of this Resolution. SECTION 4. EFFECTIVE DATE. This Resolution shall take effect immediately upon its passage and adoption. PASSED AND ADOPTED this day of , 2021. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Melanie Sibbitt, City Clerk Rusty Johnson, Mayor (SEAL) FOR USE AND RELIANCE ONLY BY APPROVED BY THE OCOEE CITY THE CITY OF OCOEE,FLORIDA; COMMISSION AT T A MEETING HELD APPROVED AS TO FORM AND ON ,2021, LEGALITY THIS DAY OF UNDER AGENDA ITEM NO. ,2021. SHUFFIELD,LOWMAN&WILSON,P.A. By: City Attorney 2