Agenda 09/11/2012 Item #17C9/11 1 „ i�n� 2- Item 17.C.
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EXECUTIVE SUMMARY
Recommendation to adopt an Ordinance repealing an unnumbered ordinance codified as Sec.
46 -5 (Fee for alimony payments and collection) in the Code of Laws and Ordinances of Collier
County.
OBJECTIVE: That the Board of County Commissioners (Board) repeals an unnumbered ordinance
codified as See. 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 coining 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The act codified in the above section was repealed as a state act and assumed ordinance status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 Clerk of the Circuit Court and the County Attorney know of
no purpose to be served by retaining this 45 -year old piece of legislation as a County ordinance.
At its July 24, 2012 regular meeting, the Board authorized the County Attorney to advertise the
proposed Ordinance for future consideration.
FISCAL IMPACT: The cost of advertising the Ordinance was approximately $54.00 and was paid
from the County Attorney's budget.
GROWTH MANAGEMENT PLAN (GMP) IMPACT: None.
LEGAL CONSIDERATIONS: The proposed ordinance was prepared by the County Attorney, is
legally sufficient, and requires majority support for approval. -JAK
RECOMMENDATION: That the Board of County Commissioners adopts the attached 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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9/11/2012 Item 17.C.
COLLIER COUNTY
Board of County Commissioners
Item Number: 17.C.
Item Summary: Recommendation to adopt an Ordinance repealing 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: 9/11/2012
Prepared By
Name: CrotteauKathynell
Title: Legal Secretary,County Attorney
8/15/2012 3:05:29 PM
Approved By
Name: GreenwaldRandy
Title: Management /Budget Analyst,Office of Management & B
Date: 8/15/2012 4:19:07 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 8/23/2012 10:52:49 AM
Name: IsacksonMark
Title: Director -Corp Financial and Mgmt Svs,CMO
Date: 8/31/2012 9:06:48 AM
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Qi111 /2012 Item 17.C.
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;" and
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 Laws 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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0/11/2012 item 17.C;.
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:
DWIGHT E. BROCK, CLERK
By:
Approved
and lejzal
, Deputy Clerk
form
Jeffrey A"KlatA
County A4torney
a�
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
FRED W. COYLE, CHAIRMAN
2 of 2
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9/11/2012 Item 17.C.
JV
I
CHAPTER 67 -701 LAWS S OF FLORIDA eft
ments made pursuant to or by reason of chapter 88, Florida 1
,I!
Statutes.
I i!
Section 3. Said orders fo r alimony, support or separate i
maintenance herein provided shall be enforced,
amended, re- c
scinded, or modified as the court, in its discretion, deems proper.
Any rule to show cause issued by said court under this act i
shall be served by the sheriff or
constable without an advance of I
costs, but the costs of such service may be taxed as costs by the 1
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
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 liberally 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,
z
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 approval.
�!
Filed in Office Secretary of State August 4, 1967.
CHAPTER 67 -701
.House Bill No. 2352
AN ACT relating to clerks of circuit courts, fees; authorizing
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 x
f (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 ^i 132
Lpter 88, Florida
►ort or separate
:d, amended, re.
)n, deems proper,
t under this act
sut an advance of
d as costs by the
to make the re-
the clerk of the
id default, notify
Le such action as
medy cumulative
the circuit court
rued and if any
. or invalid, the
ain in full force
id word, phrase,
�rporated herein.
.nary 1, 1968.
16..
ees; authorizing
rom defendants
:ounty having a
seven hundred
.d four hundred
dal census; pro-
It Be Enacted by the Legislature of the State of Florida: i
w !
Section 1. The clerk of the circuit court in any county hav-
in a population of not less than fifteen thousand seven hun -
g
dred (15,700) and not more than sixteen thousand four hun- i
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 I i
a decree of support or alimony.
1 r
Section 2. This act shall become effective October 1, 1967.
Became a law without the Governor's app roval.
Filed in Office Secretary of State August 4, 1967. 1
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:
Section 1. The sheriff of .Monroe County, Florida is hereby
authorized to grant monthly allowances in various amounts to
such of his deputies for uniforms and clothing as in his dis-
cretion he may determine provided that such monthly allow -
ance shall not exceed $35.00 per each deputy; such monthly
allowances shall be paid out of the appropriate fund in the
sheriff's budget.
133
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9/11 /2012 Item 17.C.
24D )), Wednesday, August 29, 2012 )) NAPLES DAILY NEWS
NOTICE OF INTENT TO CONSIDER ORDINANCES
Notice is hereby given that on September 11, 2012 in the Boardroom, 3rd Floor,
Administration Building, Collier County Government Center, 3299 East Tamiami
Trail, Naples, Florida, the Board of County Commissioners will consider . the
enactment of the following County Ordinances. The meeting will commence at
9:00 A.M. The titles of the proposed Ordinances are as follows:
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; PROV104NG
FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
AN ORDINANCE REPEALING SEC. 78 -28 OF THE CODE OF LAWS AND ORDINANCES
OF 'COLLIER COUNTY (SALE OF CANNED GOODS); PROVIDING FOR INCLUSION IN
THE CODE OF . LAWS AND ORDINANCES; PROVIDING . FOR CONFLICT AND
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
AN ORDINANCE REPEALING SEC, 98 -1 OF THE CODE OF LAWS AND ORDINANCES
OF COLLIER COUNTY (EXPENDITURES FOR LIGHTING); PROVIDING FOR INCLUSION
IN THE CODE OF .LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
AN ORDINANCE REPEALING SEC. 2 -1 OF THE CODE OF LAWS AND ORDINANCES OF
COLLIER COUNTY (PURCHASES FROM STATE DIVISION OF CORRECTIONS);
PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING
FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
AN ORDINANCE .REPEALING SEC. 2.26 OF THE CODE. OF LAWS AND ORDINANCES
OF COLLIER COUNTY (FRANCHISES GENERALLY); PROVIDING FOR INCLUSION IN
THE CODE OF .LAWS AND ORDINANCES; PROVIDING FOR . CONFLICT AND
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
Copies of the proposed Ordinances are on file with irhe Clerk to the Board and are
available for inspection. All interested parties are invited to attend and be heard.
NOTE: All persons wishing to speak" on any agenda item. must register with the
County administrator prior to presentation of the agenda item to be addressed.
Individual speakers will be limited to 3 minutes on any item. In any case, written
materials intended to be considered . by the Board shall be submitted to the
appropriate County staff a minimum of seven days prior to the public, hearing.
If you are a .person with a disability who needs any accommodation in order to
participate in this proceeding, you are entitled, at no cost to you, to the provision
of certain assistance. Please contact the Collier County Facilities Management
Department, located at 3335 Tamiami Trail East, Building W, Naples, Florida 34112,
(23g) 252 -8380. Assisted listening devices for the hearing impaired are .available in
the County Commissioners' Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
FRED COYLE, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Martha Vergara, Deputy Clerk
(SEAL)
_August 29. 2017 No 1959771
n
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