§ 2-397. Dishonored checks.

(a)

Title and citation. This section shall be known and may be cited as the "Collier County Dishonored Check Ordinance".

(b)

Applicability. This section shall apply to and may be enforced in all areas of the County, including within municipalities. With regard to the applicability or enforceability of this section, it is immaterial as to where a dishonored check, draft or other order for the payment of money was delivered to any County official or agency.

(c)

Definitions. The following words, phrases or terms as used in this section shall have the following meanings unless the context clearly indicates otherwise:

(1)

Agency means this County, and any entity of the County government including every department, division, bureau, commission, authority, or dependent district. Agency shall also mean and include the tax collector, property appraiser, sheriff, supervisor of elections, and the clerk of the circuit court.

(2)

Check, draft, or other order means any negotiable instrument, bank draft, certificate of deposit, escrow account, or any other item delivered to the possession of any official or agency and that directs any third party individual or entity to pay money, conditionally or unconditionally, to any such official or agency, including any such item delivered as security for payment of any monetary obligation of any description.

(3)

Official means any individual employed by any agency in whom is vested the authority by law, ordinance, resolution, rule or regulation, or who has been delegated authority, to receive on behalf of the respective agency, any check, draft, or other order for the payment of money to any such official or agency.

(d)

Findings and purpose. The Board of County Commissioners hereby finds that collection of dishonored checks, drafts, and other orders to pay money to a County official or agency has direct and indirect costs including, but not limited to, employee labor, use of utilities and facilities, and expenditure of money. It is the purpose of this section to authorize collection of a service fee as authorized by F.S. § 125.0105 for any efforts to collect any dishonored check, draft, or other order for the payment of money delivered to any County official or agency.

(e)

Service fee for dishonored check. There is hereby adopted, subject to this section, a service fee of $20.00 or five percent of the face amount of the check, draft or order, whichever is greater, for the collection of a dishonored check, draft or other order for the payment of money to a County official or agency.

(1)

The service fee imposed hereby shall be in addition to all other penalties imposed by law for the dishonor of any check, draft or other order for the payment of money.

(2)

The proceeds of any such service fee shall be retained by the collector of the service fee.

(3)

This section and the service fee imposed hereby shall be applicable to any dishonored check, draft or other order currently held or hereafter received by any County official or agency as herein defined.

(4)

The tax collector, property appraiser, supervisor of elections, clerk of the circuit court, and the sheriff are hereby authorized but not required to impose and collect the service fee adopted by this section.

(Ord. No. 93-16, §§ 1—5)

State law reference

Service fee for dishonored check authorized, F.S. § 125.0105.