Agenda 07/24/2012 Item #16K37/24/2012 Item 16.K.3.
EXECUTIVE SUMMARY
Recommendation to direct the County Attorney to advertise and bring back an Ordinance to
repeal an unnumbered ordinance codified as Sec. 46 -5 (Fee for alimony payments and
collection) in the Code of Laws and Ordinances of Collier Countv.
OBJECTIVE: That the Board of County Commissioners (Board) repeals an unnumbered ordinance
codified as Sec. 46 -5 (Fee for alimony payments and collection) in the Code of Laws and
Ordinances of Collier County.
CONSIDERATIONS: As part of the County Attorney's approved Action Plan, the County
Attorney's Office is conducting a complete review of the Collier County Code of Laws and
Ordinances to identify and correct inconsistencies that may have resulted from years of revision and
ensure that the Ordinances are not in conflict with current State or Federal law. This is part of a
series of Executive Summaries that will be coming to the Board.
Prior to the 1968 Florida Constitution Revision, which granted counties home rule power, all
municipal powers were dependent upon a specific delegation of authority by the legislature in a
general law or by special act.
As codified by the Municipal Code Corporation, State legislation in 1967 (Laws of Fla. Ch. 67 -701,
Sec. 1) created the following local law in Collier County:
"Sec. 46 -5. - Fee for alimony payments and collection.
The clerk of the circuit court is authorized to collect a fee of $0.50 for each
payment received by him under F. S. § 88.241, or for any other payments received by
him to be paid out under a decree of support or alimony."
The act codified in the above section was repealed as a state act and assumed ordinance
status pursuant to Laws of Fla. Ch. 71 -29.
The County Attorney knows of no purpose to be served by retaining this 45 -year old piece of
legislation as a County ordinance. The Clerk was consulted in this matter, and has no objection to
repealing this ordinance.
FISCAL IMPACT: The cost of advertising the Ordinance is approximately $300.00 and will be
paid from the County Attorney's budget.
GROWTH MANAGEMENT PLAN (GMP) IMPACT: None.
LEGAL CONSIDERATIONS: The proposed Ordinance was prepared by the County Attorney's
Office and is legally sufficient for Board action. A majority vote is required for Board approval
(JAK)
RECOMMENDATION: That the Board directs the County Attorney to advertise and bring back
an Ordinance repealing in its entirety an unnumbered ordinance codified as Sec. 46 -5 (Fee for
alimony payments and collection) in the Code of Laws and Ordinances of Collier County.
PREPARED BY: Jeffrey A. Klatzkow, County Attorney
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7/24/2012 Item 16.K.3.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.3.
Item Summary: Recommendation to direct the County Attorney to advertise and bring
back an Ordinance to repeal an unnumbered ordinance codified as Sec. 46 -5 (Fee for alimony
payments and collection) in the Code of Laws and Ordinances of Collier County.
Meeting Date: 7/24/2012
Prepared By
Name: CrotteauKathynell
Title: Legal Secretary,County Attorney
7/5/2012 12:33:03 PM
Approved By
Name: GreenwaldRandy
Title: Management /Budget Analyst,Office of Management & B
Date: 7/5/2012 1:58:25 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 7/6/2012 8:49:21 AM
Name: OchsLeo
Title: County Manager
Date: 7/10/2012 3 :39:31 PM
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7/24/2012 Item 16.K.3.
ORDINANCE NO. 2012 -
AN ORDINANCE REPEALING SEC. 46 -5 OF THE CODE
OF LAWS AND ORDINANCES OF COLLIER COUNTY
(FEE FOR ALIMONY PAYMENTS AND COLLECTION);
PROVIDING FOR INCLUSION IN THE CODE OF LAWS
AND ORDINANCES; PROVIDING FOR CONFLICT AND
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, Ch. 67 -701, Sec. 1, Laws of Florida, created a local law in Collier County
providing for a $0.50 fee for each payment received by the Clerk of the Circuit Court under a
decree of support or alimony; and
WHEREAS, this Act, codified as Sec. 46 -5 in the Code of Laws and Ordinances of
Collier County by the Municipal Code Corporation, provides as follows:
"Sec. 46 -5. - Fee for alimony payments and collection.
The clerk of the circuit court is authorized to collect a fee of $0.50 for
each payment received by him under F.S. § 88.241, or for any other payments
received by him to be paid out under a decree of support or alimony."
WHEREAS, pursuant to Ch. 71 -29, Laws of Florida, this provision was repealed as a
State of Florida Act and assumed status as a local ordinance; and
WHEREAS, the Board of County Commissioners desires to repeal this ordinance in its
entirety as serving no present public purpose.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: Repeal of Sec. 46 -5, Collier County Code of Laws and Ordinances.
Sec. 46 -5 of the Code of Laws and Ordinances of Collier County (Fee for alimony
payments and collection) is hereby repealed in its entirety.
SECTION TWO: Inclusion in the Code of Laves and Ordinances.
The provisions of this Ordinance shall become and be made a part of the Code of Laws
and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or
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7/24/2012 Item 16.K.3.
re- lettered to accomplish such, and the word 'ordinance" may be changed to "section," "article,"
or any other appropriate word.
SECTION THREE: Conflict and Severability.
In the event this Ordinance conflicts with any other Ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION FOUR: Effective Date.
This Ordinance shall take effect upon filing with the Florida Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this day of , 2012.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
By: By:
Deputy Clerk FRED W. COYLE, CHAIRMAN
Approved as to form
and legal sufficiency:
Jeffrey A. Klatzkow
County Attorney
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7/24/2012 Item
16.K.3.
CHAPTER 67 -701 LAWS OF FLORIDA
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ments made pursuant to or by reason of chapter 88, Florida
1
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Statutes.
Section 3. Said orders for alimony, support or separate
maintenance herein provided shall be enforced amended, re-
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c
scinded, or modified as the court, in its discretion, deems proper.
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Any rule to show cause issued by said court under this act
shall be served by the sheriff or
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constable without an advance of
costs, but the costs of such service may be taxed as costs by the
r
court. .
''
Section 4. Upon a failure by any person to make the re-
quired payments as provided for in this act, the clerk of the
lq,
i
circuit court shall, within seven (7) days of said default, notify
the court of said default and the court may take
such action as
in its descretion it deems advisible.
Section 5. This act shall be deemed as a remedy cumulative
or additional to all other existing remedies in the circuit court
"
of any county covered hereby.
Section 6. This act shall be liberaIIy construed and if any
part hereof is either declared unconstitutional or invalid, the
-
remaining portion or portions hereof shall remain in full force
and effect, as if such unconstitutional or invalid word, phrase,
clause, sentence, or provision had not been incorporated herein.
!
Section 7. This act shall take effect on January 1, 1968.
Became a law without the Governor's a Pproval.
Filed in Office Secretary of State August 4, 1967.
_
CHAPTER 67 -701
House Bill No. 2352
f
`
AN ACT relating to clerks of circuit courts, fees; authorizing
1'
collection of fee for receiving payments from defendants
under alimony and support decrees, in
any county having a
population of not less than fifteen thousand seven hundred
fi
(15,700) and not more than sixteen thousand four hundred
(16,400) according to the latest official decennial. census; pro -
viding an effective date.
I ?:
132
tj
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the clerk of the
id default, notify
ce such action as
medy cumulative i
the circuit court
rued and if any
or invalid, the
ain in full force
id word, phrase,
�rporated herein.
nary 1, 1968.
Wi .
LAWS OF FLORIDA
7/24/2012 Item 16.K.3.
I
CHAPTER 67 -702
d ;
Be It Enacted by the Legislature of the State of Florida:
' . .
Section 1. The clerk of the circuit court in any county hav-
ing a population of not less than fifteen thousand seven hun-
dred (15,700) and not more than sixteen thousand four hun-
dred (16,400), according to the latest official decennial census,
is authorized to collect a fee of fifty cents (50¢) for each pay-
ment received by him under section 88.241, Florida Statutes, or
for any other payments received by him to be paid out under
a decree of support or alimony.
Section 2. This act shall become effective October 1, 1967.
Became a law without the Governor's approval.
Filed in Office Secretary of State August 4, 1967.
CHAPTER 67 -702
House Bill No. 2345
AN ACT to authorize the sheriff of Monroe County, Florida,
to grant monthly allowances in various amounts to such of
his deputies for uniforms and clothing as in his discretion he
may determine not to exceed $35.00 monthly for each deputy;
such allowances to be paid out of appropriate funds in the
sheriff's budget; repealing all laws and parts of laws in con-
flict to the extent of such conflict; and declaring legislative
intention that this act shall not be deemed repealed by any
other act passed at the regular session of the legislature in
1967 unless specific reference is made to this act for such pur-
pose; and providing the said shall take effect upon becoming
a law.
Be It Enacted by the Legislature of the State of Florida:
f'
Section 1. The sheriff of Monroe County, Florida is hereby
ees ; authorizing authorized to grant monthly allowances in various amounts to
rom defendants such of his deputies for uniforms and clothing as in his dis-
sounty having a — cretion he may determine provided that such monthly allow-
_ ..
seven hundred -
d four hundred ance shall not exceed $35.00 . per each deputy; such monthly
allowances shall be paid out of the appropriate fund in the
vial census; pro- sheriff's budget. ii
133 E.
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�pter 88, Florida
)ort or separate
�d, amended, re-
)n, deems proper,
t under this act
`
lut an advance of
d as costs by the
to make the re-
the clerk of the
id default, notify
ce such action as
medy cumulative i
the circuit court
rued and if any
or invalid, the
ain in full force
id word, phrase,
�rporated herein.
nary 1, 1968.
Wi .
LAWS OF FLORIDA
7/24/2012 Item 16.K.3.
I
CHAPTER 67 -702
d ;
Be It Enacted by the Legislature of the State of Florida:
' . .
Section 1. The clerk of the circuit court in any county hav-
ing a population of not less than fifteen thousand seven hun-
dred (15,700) and not more than sixteen thousand four hun-
dred (16,400), according to the latest official decennial census,
is authorized to collect a fee of fifty cents (50¢) for each pay-
ment received by him under section 88.241, Florida Statutes, or
for any other payments received by him to be paid out under
a decree of support or alimony.
Section 2. This act shall become effective October 1, 1967.
Became a law without the Governor's approval.
Filed in Office Secretary of State August 4, 1967.
CHAPTER 67 -702
House Bill No. 2345
AN ACT to authorize the sheriff of Monroe County, Florida,
to grant monthly allowances in various amounts to such of
his deputies for uniforms and clothing as in his discretion he
may determine not to exceed $35.00 monthly for each deputy;
such allowances to be paid out of appropriate funds in the
sheriff's budget; repealing all laws and parts of laws in con-
flict to the extent of such conflict; and declaring legislative
intention that this act shall not be deemed repealed by any
other act passed at the regular session of the legislature in
1967 unless specific reference is made to this act for such pur-
pose; and providing the said shall take effect upon becoming
a law.
Be It Enacted by the Legislature of the State of Florida:
f'
Section 1. The sheriff of Monroe County, Florida is hereby
ees ; authorizing authorized to grant monthly allowances in various amounts to
rom defendants such of his deputies for uniforms and clothing as in his dis-
sounty having a — cretion he may determine provided that such monthly allow-
_ ..
seven hundred -
d four hundred ance shall not exceed $35.00 . per each deputy; such monthly
allowances shall be paid out of the appropriate fund in the
vial census; pro- sheriff's budget. ii
133 E.
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