www.mymanatee.org
Manatee County Government Administrative Center Commission Chambers, First Floor 9:00 a.m. - January 13, 2015
January 13, 2015 - Regular Meeting
Agenda Item #38


Subject
Juror Parking Costs

Briefings
Briefing Provided Upon Request

Contact and/or Presenter Information
Robert Eschenfelder (CAO ext. 3750) if needed

Action Requested
Motion to adopt Ordinance 15-02 and Resolution 15-02

Enabling/Regulating Authority
Florida Statutes Chapter 125 (county home rule authority)

Background Discussion

In 1976, the County Commission adopted Ordinance 76-3, which was subsequently codified as § 2-2-2 of the Manatee County Code.  The Ordinance directed the Clerk of Court to pay jurors fifty cents per service day to compensate them for the cost of parking in municipally owned and metered parking spaces.

 

In Chapter Law 92-297, the Florida Legislature substantially re-wrote Florida Statutes § 40.24 concerning juror compensation, and provided for various forms of compensation for jurors not including parking, and also providing that jurors “are not entitled to additional reimbursement by the clerk of the circuit court for travel or other out-of-pocket expenses."

 

Over the years, the Clerk of the Circuit Court has worked directly with the City of Bradenton on paying for juror parking.  However, in light of a recent request by the City for an increase in payments for juror parking, and inasmuch as the Clerk cannot expressly follow the Ordinance any longer given the statutory language limiting that official's ability to pay for juror expenses, the Clerk's Office has requested the legally questionable ordinance be repealed and replaced with a system of parking reimbursement compliant with Florida Statutes § 40.24, and which recognizes the increase in actual municipally metered parking costs faced by jurors performing their civic duty at the downtown judicial center.

 

The County Attorney's Office confirms that Florida law does not prohibit a county from paying costs associated with metered parking for jurors and the payment of such costs on behalf of jurors does satisfy a valid public purpose of minimizing the negative impacts citizens face when performing the vital public function of service on a jury.

 

The administration is aware of the incremental cost increase associated with adoption of a new agreement with the City, and confirms there are adequate budgeted funds to pay for juror parking expenses.



County Attorney Review
Other (Requires explanation in field below)

Explanation of Other
Attorney Eschenfelder drafted the resolution and repeal ordinance.

Reviewing Attorney
Eschenfelder

Instructions to Board Records
send ordinance for codification

Cost and Funds Source Account Number and Name
per day reimbursement to city will increase to $4 per day per juror

Amount and Frequency of Recurring Costs
undetermined


Attachment:  JurorParkingRepealORD.pdf
Attachment:  JurorParkingCostsRES.pdf
Attachment:  Proof of Publication - Ordinance 15-02.pdf