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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 The act codified in the above section was repealed as a state act and assumed ordinance status pursuant to Laws of Fla.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 Packet Page -3219- 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 Packet Page -3220- 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 1 of 2 Packet Page -3221- 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 2 of 2 Packet Page -3222- Packet Page -3223- `y 7/24/2012 Item 16.K.3. CHAPTER 67 -701 LAWS OF FLORIDA ",,� " a? -`' -- ments made pursuant to or by reason of chapter 88, Florida 1 I r' Statutes. Section 3. Said orders for alimony, support or separate maintenance herein provided shall be enforced amended, re- i c scinded, or modified as the court, in its discretion, deems proper. _ kfi Any rule to show cause issued by said court under this act shall be served by the sheriff or i r N 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 Packet Page -3223- 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. Packet Page -3224- �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. Packet Page -3224-