4262 Dishonored ChecksOrdinance No. 4262
An ordinance of the City of Sanford, Florida, relating to
dishonored checks issued to the City; providing for
legislative findings and intent; providing for fees in
accordance with the provisions of Sections 166.251 and
832.08(5), ,Florida Statutes; providing for conflicts;
providing for a savings provision; providing for
codification; providing for severability and providing for
an effective date.
Whereas, Section 166.251, Florida Statutes, provides that the City
Commission may adopt a service fee for checks issued to the City that are dishonored
by the financial institution on which the check is drawn; and
Whereas, Section 166.251, Florida Statutes, provides that the City
Commission may assess a fee not to exceed the service charges authorized under the
provisions of Section 832.08(5), Florida Statutes; and
Whereas, the City Commission desires to implement a uniform fee for
dishonored checks.
Now, Therefore, Be It Enacted By The People Of The City Of Sanford,
Florida:
Section 1. Legislative Findings And Intent. The legislative findings and
intent of this Ordinance are as set forth in the recitals (whereas clauses) to this
Ordinance.
Section 2. Dishonored Checks.
(a) The City shall charge $25.00 per occurrence which meets the
requirements under the provisions of Section 832.08(5), Florida Statutes.'
Drafter's Note: The maximum fee, at the time of the enactment of this Ordinance is (a) $25.00 if the
face value does not exceed $50.00; (b) $30.00 if the face value is more than $50.00, but does not exceed
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(b) The City Manager is hereby authorized to either reduce or forgive the
dishonored check fee for good cause shown or to refer a request for reduction or
forgiveness to the City Commission for good cause shown by the applicant.
Section 3. Conflicts. All ordinances or parts of ordinances in conflict with the
provisions of this Ordinance are hereby repealed and the Code codifier is hereby
directed to take all actions necessary to implement the provisions of this Ordinance in
that regard.
Section 4. Savings.
The prior actions of the City of Sanford relating to collections of insufficient check
charges and related matters and processes are hereby ratified and affirmed.
Section 5. Codification. It is the intention of the City Commission of the City of
Sanford, Florida, and it is hereby ordained, that the provisions of this Ordinance shall
be codified; provided, however, that sections 3, 4, 5 and 6 shall not be codified.
Additionally, the code codifier shall have liberal authority to codify the provisions of this
Ordinance.
Section 6. Severability. If any section, sentence, phrase, word, or portion of
this Ordinance is determined to be invalid, unlawful or unconstitutional, said
determination shall not be held to invalidate or impair the validity, force or effect of any
other section, sentence, phrase, word, or portion of this Ordinance not otherwise
determined to be invalid, unlawful, or unconstitutional.
$300.00; and (c) $40.00 if the face value is more than $300.00.
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Section 7. Effective Date. This Ordinance shall take immediate effect upon
enactment. � D/a
Passed and adopted this 9 day of January, .?�9'I''I`.
Attest.
City COMMIS or) of the City of
Sanford, Flori a
SUN
Approved as to form
and legal sufficiency.
Ifiam'E Colbert, / City �� AttorWey
/jrj d tE U"�V
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