Ordinance 90-034 ORDINANCE NO. 90- 34 %'%'~
AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE
NO. 87-91 BY REVISING SECTION ONE TO ADD
COURT-ORDERED MEDIATION AS WELL AS ARBITRATION
SERVICES TO RESOLVE CIVIL ACTIONS AND DISPUTES
IN COUNTY AND CIRCUIT COURTS; AMENDING COLLIER
COUNTY O~DINANCE NO. 87-91 DY REVISING SECTION
TWO AND PROVIDING FOR A COURT-ORDERED MEDIATION
SERVICE, PROVIDING FOR A COURT-ORDERED
NONBINDING ARBITRATION SERVICE, PROVIDING FOR
VOLUNTARY BINDING ARBITRATION, PROVIDING FOR AN
ADDITIONAL $2.00 FILING FEE ON ALL COUNTY COURT
CIVIL PROCEEDINGS; PROVIDING FOR CONFLICT AND
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, Chapter 44.101, Florida Statutes, provides that a
family mediation service is a valid public purpose and that the
Board of County Commissioners may fund said service by levying a
service charge of no more than $2.00 on any circuit court
'~ proceeding; and
.~:~ WltgREAS~ th, Board of ¢ount~ ¢o~mtsaton~rs of Collier County,
Florida, finds it to ~e tn the best interest of the citizens of
~' Collier County, Florida, to provide a f~mlly mediation ~arvice to
',/ ~aal~t In tha re~olut~on of domastto relations controveraiea such
as marital problems, child abuse, spouse abuse and similarly
. associated problems; and
WHEREAS, Florida Statutes, Sections 44.301 - 44.308, provide
for the establishment of County Court-Ordered mediat~on as well as
arbitration services and for the Board of County Commissioners to
fund said aervic.a by lovylng a sarvlco charge of no more than
$2.00 on any county court civil proceeding; 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 establish a court-ordered mediation
service, pursuant to Florida Statutes Section 44.302, 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
Words underlined are added; words st=uek-th=ou~h are deleted.
all issues relating to custody, visitation, or child support with
the exception of those cases where there is any history of
/ domestic violence; 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 44.303, Florida
Statutes, for partims involved in any contested civil action filed
~ in a circuit or county court; 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 voluntary binding arbitration
services, pursuant to Section 44.304, 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:
SECTION ONE: Amendments to Section One of Collier County
Ordinance No. 87-91.
Section One Of Collier County ordinance No. 87-91 is hereby
· ~ amended to read as follows:
".' .. SECTION ONE. Purpose
The establishment and maintenance of a County
~ family mediation o~-ee~e~a~ service in Collier
· County is hereby declared to be desirable and to
,. fulfill a public need to assist parties in
· resolving any ee~reversy-~flvo~v~ng-~he-~m~½y
domestic relations controversies. It is further
declared that the establishment and maintenaD~e of
county court-ordered mediation as well as
arbitration services is desirable and fulfills
Public need of assistin~ parties in resolving
contested civil actions and civil disPuteS Pending
in the cQunty or the circuit court, as prQ_ylded bY
law.
Words ~/]derline~ are added; words st=u=~-~hreugh are deleted.
SECTION TWO: Amendments to Section Two of Collier County
~>. Ordinance No. 87-91.
Section Two of Collier County Ordinance No. 87-91 is hereby
amended to read as follows:
SECTION TWO. Source~ and Use~ of Funds
(a) There is hereby created a fund to be known as the
Collier County Family Mediation~eane~&a~on Fund. Said Fund
shall be administered by the Clerk of the 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 in resolving p~o~}ems-~nvo~¥~ng-~he-~am~y domestic
relations controversies such as marital problems, child
abusu. SPouse abuse and similarly associated Problems. The
Court on its own motion or on a motion of a party may refer
the parties to this service.
The Clerk of the Circuit Court of Collier County,
Florida, pursuant to Chapter 44.101, Florida Statutes, is
hereby authorized and directed to collect an additional fee
of $2.00 for each and every circuit court civil proceeding
fir · w~.hhin the jurisdiction of the circuit court in and for
u~_ i~r county, Florida. The Clerk of the Court of Collier
County. Florida. is also authorized to receive and collgct
fees and charges imposed by court order, pursuant to Chag~gr
44. Florida Statutes. on Parties involved in family
~. All such additional fees and charges collected by
the Clerk shall be deposited in the Collier County Family
Mediation~een=&~{e~&o~ Fund established herein.
The Clerk is further authorized and directed to draw
warrants upon the Collier County Family
Mediation~e~ne&}~a~n Fund for all expenses incurred in
carrying out the Family Mediation~een~½~a~on service when
directed by the Courts, upon the submission to the Clerk of
requisition for same signed by the Administrative Judge of
the circuit Court of Collier County, Florida.
Words underlined are added; words s~ru=k-%hrou~h are deleted.
038. :3J.7
..,
(b) There is hereby created a fund to be known as
Collier County Court-Ordered Mediation/Arbitration Fund.
Said fund shall be 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
~9~__~_~tes, to any party to assist in resolving
contested civil actions and civil dis~utes.
The Clerk of. the County;Circuit Court of Collier County.
Florida. pursuant to Section 44.308, Florida Statutes, is
hereby authorized and directed to collect an additional fee
of $2.00 for each and every County Court civil proceeding
filed withiB the jurisdiction of the County Court in and for :'
Collier CouD.gy. Florida. The Clerk of the County/Circuit
Court of Collier County. Florida. is also authorized to
receive and collect fees and charges imposed by court order.
pursuant to Chapter 44, Florida Statutes, on parties
involved in court-ordered mediation or arbitration services.
All such additional fees and charges collected by the Clerk
shall be deposited in the Collier County Court-Ordered
~ion/Arbitration Fund established herein.
~e Clerk is further authorized and directed to draw
warrants upon the Collier County Court-Ordered
Mediation/Arbitration Fund for all expenses incurred in
carrying out the County Court,Ordered Mediation as well as
Arbitration services when direc~gd by the Court. upon
~ubmission to ~.hg.Clerk of a requisition for same signed
the Administr~tive Judge of the Circuit Court of Collier
County. Florida.
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 ~hall apply. If any phrase or portion of the
ordinance is held invalid or unconstitutional by any court of
competent Jurisdiction, such portf0h'Shall be deemed a separate,
' Words underlined are added; words s%=uck-%h=eu~h are deleted.
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" ,oo, 0'3'8.,,::I18
distinot and indepsndant provision and such holding shall not
affect the validity of the remaining portion.
SECTION FOUR,: EFFECTIVE DATE.
This Ordinance shall take effect upon receipt of notice from
the Secretary of State that this OrdinancQ has b~en filed with thQ
Secretary of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners
of Collier County, Florida, this 8th day of May , 1990.
ATTeSt.-.] 4' BOARD OF COUNTY COKMISSIONERS
~AMES C. GILES, Clerk COLLIER COUNTY FLORIDA
Approved al to fo~ and
~ of State's
Assistant C~unty Attorney of~
Words ~ are added; words struck-through ara deleted. "~
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. 90-S4
which ,',~,, ...pted by the Board of County Commissioners on
the 8th d;~ of May, lgP0, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commileloners of Collier County, Florida, this 9th
day of May, 1990.
JAMES C. OI~ES
Clerk of Courts and Clerk '. · '
Ex-officio to Board of ~
County Commissioners
· , .. ~...~.
/s/Maureen Kenyon
Deputy Clerk