Item 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?
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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
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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.
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(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
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