Resolution 2002-408
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RESOLUTION NO, 02- ~
A RESOLUTION RELATING TO A REPORT OF THE FLORIDA
SUPREME COURT INSPECTOR GENERAL CONCERNING THE
COLLECTION, EXPENDITURE AND DISPOSITION OF CERTAIN
MEDIATION FUNDS AND FEES BY THE TWENTIETH JUDICIAL
CIRCUIT OFFICE OF COURT ADMINISTRATION
WHEREAS, the Inspector General for the Florida Judiciary on June 18,2002 released
preliminary findings and recommendations concerning the collection and expenditure of certain funds
by the Twentieth Judicial Circuit Court Administrator's Office; and
WHEREAS, said certain funds as noted in the Report, to include the "Mediation Fee' fund,
may have been collected without statutory authority therefore; and
WHEREAS, the collection of said fees by the Courts has been terminated as of year 2001 and
any such questioned monies are no longer being paid by affected parties; and
WHEREAS, information developed by the Office of the County Attorney in consultation with
the Collier County Clerk of Courts and Court Administration Offices indicates that the funds and fees
which are the subject of the Inspector General's Report may not have been colIected in Collier County;
and
WHEREAS, the Chief Judge of the Twentieth Judicial Circuit, consistent with the position
taken by the State ComptrolIer's Office, has by correspondence of July 22, 2002, requested Collier
County consider making no claim to the remaining funds in order that said funds may be returned pro
rata, to the individuals and/or entities who initialIy paid such funds; and
WHEREAS, this resolution duly constituting Collier County's waiver of any claim to any above-
mentioned funds serves the public purpose of avoiding potential expensive and protracted litigation
over the funds if any such funds were colIected in Collier County.
NOW, THEREFORE. BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA: that
1. The ColIier County Board of County Commissioners hereby releases and/or waives any and
all claims Collier County has or may have to the Court Administration funds and monies as
noted in the June 18,2002 Inspector General's Report for the Supreme Court (copy
attached).
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2, Consistent with paragraph one (1), above, all reasonable efforts are hereby requested to be
made by the Judiciary and/or Court Administration, so that any such remaining funds be
timely returned pro rata, to the individuals and/or entities who duly paid same.
3. This Resolution shall set forth Collier County's official resolution of alI referenced issues
subject to the like waiver of such claims by the County Commissions in the Twentieth
Judicial Circuit, and the State Comptroller's Office.
This Resolution adopted this ~ day of ~
second and majority vote.
, 2002, after motion,
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ApproVt:lras tci:i~~Iegal sufficiency:
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Ramiro Maiialich
Chief Assistant County Attorney
BOARD OF COUNTY
COMMISSIONERS
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