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Resolution 2002-408 16L7 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). 1617 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, " ...., ,....' ....,........"".... \ \\\\\ A TTE~ . . . )tto~l!~ DwightJt'~:6~'11 _.::~."~I/'- :'%",~.'....... ,." .~.~.'h,~I\ , ", .-J -:.f>', ')) , '"..' (\ By: , ,'.:' . . '-- . . ..~, t<&s..~r ' . ,,~ ~-"'S .~' '"."" ; ~I ,~.,'. 1.~~urt -;J:-"~'}".: OJ '#.-'., ..........(l.~...... ....;~..'_'r'... ApproVt:lras tci:i~~Iegal sufficiency: O~"":"'~'~C Ramiro Maiialich Chief Assistant County Attorney BOARD OF COUNTY COMMISSIONERS :~:Nm HlRamirolResolutionslmediation fees/funds