Ordinance 91-076 ORDINANCE NO. 91-
'i~ AN ORDINANCE DECLARING THE ESTABLISHMENT OF
FAMILY MEDIATION AND CIRCUIT AND COUNTY
COURT-ORDERED MEDIATION AS WELL AS ARBI-
TRATION SERVICES TO BE A PUBLIC NEED;
PROVIDING FOR THE MANNER OF RAISING FUNDS;
PROVIDING FOR THE ESTABLISHMENT OF A
SPECIAL COLLIER COUNTY FAMILY MEDIATION
ACCOUNT TO BE ADMINISTERED BY THE CLERK OF
THE COUNTY/CIRCUIT COURT; PROVIDING FOR THE
ESTABLISHMENT OF A SPECIAL COLLIER COUNTY
COURT-ORDERED MEDIATION/ARBITRATION ACCOUNT
TO BE ADMINISTERED BY THE CLERK OF THE ~
COUNTY/CIRCUIT COURT; PROVIDING FOR ONE o
DOLIJ~R ($1.00) OF EACH SERVICE CHARGE ~ ~ "-
COLLECTED UNDER THIS ORDINANCE TO BE ~ -~q
FORWARDED TO THE STATE COURTS ADMINISTRATOR ~ DO F--
PURSUANT TO SECTION 44.108 (4), FLORIDA o
STATUTES; PROVIDING FOR CONFLICT AND ~
SEVERABILITY; PROVIDING FOR REPEAL OF ~
.' COLLIER COUNTY ORDINANCE NOS. 8.7-91 AND ~
90-34; AND PROVIDING AN EFFECTIVE DATE.
W~EREAS, Section 44.1011,(2) (d) and Section 44.102 (2) (b),
Florida Statutes provide for the establishment of family
mediation programs in the judicial circuits; and
WHEREAS, the Board of County Commissioners of Collier
~ County, Florida, finds it to be in the best interest of the
citizens of Collie~ County, Florida, to provide a family :
mediation service to assist in the resolution of domestic
relations controversies and other family matters such as
.'marital problems, child abuse, spouse abuse and similarly~
a~sociated problems, property division, custody, visitation,
" ' and other parental responsibility issues; and..
.. WHEREAS, Sections 44.1011 - 44.108, Florida Statutes,
~i provide for the establishment of court-ordered mediation as
~'" well as arbitration services; and
WHEREAS, Section 44.108, Florida Statutes, provides that
" "the Board of County Commissioners may support mediation and
arbitration services by levying service charges on circuit
court proceedings, county court proceedings and petitions for
modification of.final judgments of dissolution; and
WHEREAS, the Board of Co'unty Commissioners 'of Collier
County, Florida, finds it to be in the best interest of the
citizens' of Collier County, Florida, to establish'a court-
ordered mediation service, pursuant to Florida Statutes Section
44.102, that may be used to mediate all or any portion of
contested civil actions filed in circuit or county courts in
which there are disputed issues of fact or law. Said service
may also be used to mediate all issues relating to custody,
visitation, or child support with the exception of those cases
where the court finds that there has been a significant history of
domestic abuse which would compromise the mediation process; and
WHEREAS, the Board of county Commissioners of Collier
County, Florida, finds it to be in the best interest of the
citizens of Collier County, Florida, to provide court-ordered,
nonbinding arbitration services, pursuant to Section 44.103,
Florida Statutes, for parties involved in any contested civil
action filed in a circuit or county court; and
WHEREAS, the Board of County Commissioners of Collier
Count~, Florida, finds it to be in the best interest of the
citizens of Collier County, Florida, to provide voluntary
binding arbitration services, pursuant.to Section 44.104,.
Florida Statutes, for parties who are involved in any civil
disputes except for child custody, visitation, child support,
or any dispute which involves the rights of a third party.not a
· ' party to the arbitration.
" NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
" .' ~: Purpose
The establishment and maintenance of a County family
m~diation service in Collier County is hereby declared to be
desirable and to fulfill a public need'to assist' parties in
resolving any domestic relations controversies. It is further
declared that the establishment and maintenance of circuit and
county court-ordered mediation as well as arbitration services
is desirable and fulfills the. public need of assisting parties
in resolving contested civil actions and civil disputes pending
in the county or the circuit courts, as provided by law.
SECTION TWO: Sources and Uses of Funds
(a) There is hereby created an account to be known as
the Collier County Family Mediation account, said account
shall be administered by the Clerk of the Circuit Court and
shall be u~ed to provide services, as directed by the Court in
accordance with Chapter 44 of the Florida Statutes, to any
party in resolving domestic relations controversies and other
family matters such as marital problems., child abuse, spouse
abuse and similarly associated problems, property division, ~.
custody, child support, visitation and other parental'responsi-
bility issues. The Court on its own motion or on motion of a
party may refer the parties to this service.
The dlerk of the Circuit Court of Collier County, Florida,
pursuant to Sections 44.1011, 44.102 and 44.108, Florida
Statutes, iS hereby authorized and directed to collect an
additional service charge of $45.00 on any petition for a
modification of a final judgment of dissolution filed within
the Jurisdiction of the courts of Collier'County, Florida.
Said additional service charge shall be deposited in the Family
Mediation~account to be used to fund family mediation services~
under the supervision of the Chief Judge of the Circuit.
(b) There is hereby created an account to be known as
the Collier County Court-Ordered Mediation/Arbitration account.
Said account Shall b~ administered by the~Clerk of the
County/Circuit Court, and shall be used to provide services, as
directed by the Court in accordance with Chapter 44 of the
Florida Statutes, to any party to assist in resolging contested
civil actions and civil disputes.
The Clerk of the County/Circuit Court of Collier Coqnty,
Florida, pursuant to Section 44.108, Florida Statutes, is
hereby authorized and directed to collect an additional service
charge of $5.00 for each and every circuit court civil
proceeding, and an additional service charge of $5.00 for each
and every county court civil proceeding filed within the
Jurisdiction of the Circuit and county Courts in and for
Collier County, Florida. Said additional service charges shall
be deposited in the Court-ordered Mediation/Arbitration account
to be used to fund Circuit and County Court civil mediation and
arbitration under the supervision of the Chief Judge of the
Circuit.
(c) The Collier County Clerk of Courts, pursuant to
Section 44.108 (4), Florida Statutes, is hereby authorized and
directed to forward one dollar ($1.00) of each service charge
collected pursuant to Subsections (a) and (b) of Section Two of
this ordinance to the office of the State Courts Administrator
for that.office to d~posit the funds in a State Mediation
Arbitrati6n Trust F~nd to be used by the Supreme Court of
Florida to carry out its responsibilities as set forth in
Section 44.i06, Florida Statutes.
~: 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
this 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.
SECT. ION FOUR: Repeal of Collier County Ordinance Nos. 87-91 and 90-34
Collier County Ordinance No. 87-91, as amended by
Collier. County Ordinance No..90-34, establishing mediation
and arbitration services and funding therefor, are hereby
repealed and superseded in their entirety as of the effec-
tive date of this Ordinance.
SECTION FIVE: Effective Date
This Ordinance shall take effect upon receipt of notice
from the Secretary of State that this Ordinance has been
filed with the Secretary of State.·
PASSED AND DULY ADOPTED by the Board of County
Commissioners of Collier County, Florida, this /?~ day
ATTEST':.. '.. BOARD OF COUNTY COMMISSIONERS
~'J.M~IES C. G'rLES, Clerk COLLIER COUNTY, FLORIDA
PATRIClA ANNE GOODNI~HT
Cha£rraan
legal sufficiency:
Assistant County Attorney
-5-
STATE OF FLORIDA )
COUNTY OF COLLIER )
I JAMES C GILES, Clerk of Courts in and for the'
Twentieth Judicial Circuit, Collier County, Florida:, do
hereby certify that the foregoing is a true copy of:
Ordinance No. 9~-76
~hich was adopted by the Board of County Commissioners on
!,. the 13th day of August, 1991, during Regular Session. :
WITNESS my hand and the official seal of the Board:of
County Commissioners of Collier County, Florida, this l'Sth
.. day of Au~;ust, 1991.
JAMES C. GILES ' ": '?'
Clerk of Courts and Cler~~'- ... .,.
Ex-officio to'Board of <'
.. County Commissioners