R-0874-90 RESOLUTION 874-90
A RESOLUTION OF THE VILLAGE COUNCIL OF MIAMI
SHORES VILLAGE SUPPORTING, IN PRINCIPLE, LEG-
ISLATION THAT WILL ESTABLISH A FUND THROUGH
THE SAME MECHANISM USED FOR FUNDING THE
MODERNIZATION TRUST FUND FOR COUNTIES IN THE
STATE OF FLORIDA.
WHEREAS, the City Clerk of a municipality is usually the
designated custodian of municipal records and, in this
capacity, is responsible for providing the direction in terms
of records management to all record keeping units within
municipal governments; and
WHEREAS, as local government has grown in responsibility
and importance, so has the role of the Municipal Clerk, who
is charged with providing a direct link between the past,
present and future through the preservation of municipal
records and is responsible for seeking better and more
efficient ways to perform the critical responsibilities of
the municipalities in today's challenging technological
world; and
WHEREAS, Chapter 119, Florida Statutes, Public Records,
defines "public records" in terms of physical characteristics
and in legal and/or official documentation relationships and
also defines "agency" by an inclusive listing of state, local
and special governmental officials and organizational units
subject to laws and regulations pertaining to public records,
along with the establishment of the legal basis for the
custody and disposal of records and for public access to
these records; and
WHEREAS, Chapter 267, Florida Statutes, Florida Archives
and Historical Act, allows the Municipal Clerk to establish
and coordinate standards, procedures and techniques for
efficient and economical records keeping systems which
indirectly and ultimately will impact in a positive manner
upon the recyclable component in Florida's ecological and
environmental program; and
WHEREAS, pursuant to Section 119.08(3) , Florida Sta-
tutes, and appropriate municipal ordinances setting service
charges for each municipality, Municipal Clerks have been
allowed to charge a fee for rendering public informational
services; and
WHEREAS, in 1987, it was statutorily mandated in Florida
Statutes, Chapter 28.24(15) (d) that an additional service
charge shall be paid to the Clerk of the Circuit Court to be
deposited in a Public Records Modernization Trust Fund for
each instrument recorded in the official records of the
county, said fund being held in trust by the County Clerk and
used exclusively for equipment, personnel training and
technical assistance in modernizing the official records
systems; and
WHEREAS, no municipality has, as yet, received a pro-
portionate share of said additional County service charge,
despite payment of the said charge for recording of documents
and instruments being made by a great number of residents of
municipalities located in said counties; and
WHEREAS, Municipal Clerks are required to: (a) handle
an inordinate number of public information requests, as well
as (b) address the continuing challenge of identifying
funding for the necessary modernization of equipment,
personnel training and technical assistance so necessary to
them in order to discharge the ever increasing burden
inherent in the performance of the Municipal Clerk's vital
functions;
NOW, THEREFC , BE IT RESOLVED BY THE V AGE COUNCIL OF
MIAMI SHORES VILLAGE, that:
Section 1. The recitals and findings contained
in the preamble of this Resolution are
hereby adopted b_y reference thereto
and incorporated herein as if fully set
forth in this section.
Section 2. Establishment of a Municipal Public Re-
cords Modernization Trust Fund is fully
supported, in principle, as set forth
herein and it is hereby recommended that
substantially the following language be
added to subparagraph (d) of paragraph
12 of Florida Statute 28.24:
(ii) An additional charge shall be paid
to the Clerk of the Circuit Court for
each instrument officially recorded in
the County records, said additional
charge to be later forwarded by the
County, less minimal administrative
costs, to the municiality, if any,
which is involved by way of its geo-
graphic location in the transaction
giving rise to the instrument's
recordation; said revenues to be: (a)
deposited by each municipality in its
pertinent Muni- cipal Public Records
Modernization Trust Fund, and (b) used
exclusively for equip- ment, personnel
training, and/or technical assistance in
modernizing the official records
system:
First Page. . . .'. . . . . . . . . . . . . . . . . . . .$.20
Each additional page. . . . . . . . . . . . . .$.10
Section 3. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 6th day of Nov , 1990.
MIAMI SHO V
By
C URTNE , MAYOR
ATTEST: GAIL MACDONALD
VILLAGE CLERK
By
SCIM W. DAVIS
Deputy Village Clerk
APPROVED AS TO FORM:
By
WILLIAM F. , JR.
Village Attorney