R-0902-93 RESOLUTION 902-93
A RESOLUTION OF THE VILLAGE COUNCIL OF MIAMI
SHORES VILLAGE SUPPORTING, IN PRINCIPLE, LEGISLATION
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 responsibili-
ty and Importance, so has the role of the Municipal Clerk, who
Is charged with providing a direct link between the past , pre-
sent 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 custo-
dy and disposal of records and for public access to these rec-
ords ; 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 record 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
Statutes, 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 tech-
nical 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 train-
ing and technical assistance so necessary to them In order to
discharge the ever increasing burden Inherent in the perfor-
mance of the Municipal Clerk 's vital functions;
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF
MIAMI SHORES VILLAGE, that :
Section 1 . The recitals and findings contained in the
preamble of this Resolution are hereby
adopted by reference thereto and Incorporated
herein as If fully set forth in this section .
Section 2 . Establishment of a Municipal Public Records
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:
( 11 ) 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
municipality, If any, which is Involved by way of
Its geographic location in the transaction giving
rise to the Instrument ' s recordation ; said reven-
ues to be: ( 1 ) deposited by each municipality in
Its pertinent Municipal Public Records Modern-
Ization Trust Fund, and (b) used exclusively for
equipment , personnel training, and/or technical
assistance in modernizing the official records
system:
Firstpage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ .20
Each additional page. . . . . . . . . . . . . . . . . . . . . . . .$ . 10
Section 3 . This Resolution shall become effective immediately
upon Its adoption .
PASSED AND ADOPTED this 16th day of February 1993 .
MIAMI SHORES VILLAGE
BY: oe
Steven JjVJqAhson, Mayor
BY
Scott W. Davis
Village Clerk
APPROVED AS TO FORM:
William F . Fann,
Village Attorney