Chapter 46 - Courts Chapter 46
COURTS*
Article I. In General
Sec. 46-1. Service charges and additional court costs.
Sec. 46-1.1. Assessment of additional court costs.
Sec. 46-2. Public guardianship program.
Sec. 46-3. Family mediation service.
Sec. 46-4. Surfees.
Sec. 46-5. Reserved.
Sec. 46-6. Additional court costs in criminal cases.
Sec. 46-7. Amendments to F.S. §939.185.
Sec. 46-8. Surcharge in certain enumerated traffic violations and offenses.
Sec. 46-9. Amendments to F.S. §318.18(13).
Secs. 46-10-46-30. Reserved.
Article II. Law Library
Sec. 46-31. Declaration of purpose.
Sec. 46-32. Fund created;source,use of fund.
Sec. 46-33. Board of trustees.
Sec. 46-34. Use of fund.
Sec. 46-35. Purchasing.
Sec. 46-36. Title to assets;custody and control.
Sec. 46-37. Donations;tax exemption.
Sec. 46-38. Rules and regulations.
Sec. 46-39. Continuation of law library fund.
Secs. 46-40-46-50. Reserved.
Article III. Legal Aid Office Funding
Sec. 46-51. Authority.
Sec. 46-52. Title and citation.
Sec. 46-53. Purpose and intent.
Sec. 46-54. Collection and use of funds.
Secs. 46-55-46-70. Reserved.
Article IV. Teen Court Program
Sec. 46-71. Findings of fact and purpose.
Sec. 46-72. Assessments imposed.
Sec. 46-73. Distribution of funds collected.
Sec. 46-74. Expenditure and management of funds budgeted.
Sec. 46-75. Amendments to F.S.§938.19.
*Cross references-Law enforcement,ch. 78;surcharge on moving violations for intergovernmental radio communications
program, § 130-1.
Special act reference Special acts pertaining to courts,ch.226.
Supp. No.48 CD46:1
COURTS §46-2
ARTICLE I. IN GENERAL funds to the sheriff as needed for the implemen-
tation and operation of the Collier County Juve-
Sec. 46-1. Service charges and additional nile Assessment Center and/or Suspension Pro-
court costs. grams.
(a) Service charge. A service charge of $1.00
shall be assessed as court costs against every (c) Responsibilities of the sheriff. The sheriff
party instituting any civil action, suit or proceed- shall request funds from the clerk as needed to
ing in the circuit or county court in the county.All support the implementation and operation of the
funds so collected shall be deposited in the county Collier County Juvenile Assessment Center or
treasury as a fund from which to pay for budgeted Suspension Programs. The sheriff may also de
services rendered to the courts in the county by posit any other funds obtained by that office for
the county official court reporters' office. the implementation or operations of the juvenile
assessment center into the designated account for
(b) Additional court cost; use of funds. An disbursement to the sheriff as needed.The sheriff
additional court cost of $2.00 shall be assessed shall account for all funds that have been depos-
against every person convicted for violation of a ited into the designated account by August 1
state penal or criminal statute or for violation of annually in a written report, to the county juve-
an ordinance of the county,excluding violations of nile justice council. The sheriff shall provide a
any state statute or county ordinance relating to report to the board of county commissioners at a
the parking of vehicles. Such funds shall be used board public meeting held during the last quarter
for criminal justice education and training in of each fiscal year which sets forth the status of
accordance with F.S. § 943.25(13). the juvenile assessment center. Said report shall
(Ord. No. 74-18, § 1; Ord. No. 74-19, § 1; Ord. No. describe how the juvenile assessment center is
82-21, § 1) operating, including a financial accounting and
an evaluation of the programs of the juvenile
Sec. 46-1.1. Assessment of additional court assessment center. The report shall be presented
costs. to the board during the last quarter of fiscal year
(a) Assessment of court costs. The court shall 1997-98 and in the last quarter of each fiscal year
assess court costs of$3.00 per case,in addition to thereafter.
any other authorized cost or fine, on every person (Ord. No. 97-11, §§ 1-3, 2-11-97)
who, with respect to a charge, indictment, prose-
cution commenced,or petition of delinquency filed Sec. 46-2. Public guardianship program.
in the county or circuit court, pleads guilty, nolo
contendere to, or is convicted of, or adjudicated (a) Authority. This section is created pursuant
delinquent for, or has an adjudication withheld to the provisions of F.S. § 28.241, wherein the
for, a felony or misdemeanor, or a criminal traffic county is authorized to impose by ordinance,a fee
offense or handicapped parking violation under of up to $15.00 for each civil action filed for
state law, or a violation of any municipal or payment of the costs associated with public
county ordinance, if the violation constitutes a guardianships. Further, this section is enacted to
misdemeanor under state law. incorporate the provisions of F.S. ch. 744, pt. IX.
(b) Collection of costs and disbursement of funds
by the clerk. The clerk of the circuit court shall (b) Purpose and intent. It shall be the purpose
collect the $3.00 court costs assessed by the court of this section to establish a county office of public
and deposit those funds in an appropriate, desig- guardian for the purpose of providing guardian-
nated account established by the clerk. Pursuant ship services for incapacitated persons when no
to Section 775.0833, Florida Statutes, the clerk private guardian is available for those persons
shall be entitled to five percent of the assessments whose needs cannot be met through less drastic
collected for the costs of administering the collec- means of intervention and to create a Collier
tion of assessments. The clerk shall disburse County Public Guardianship Program.
Supp. No. 12 CD46:3
§46-2 COLLIER COUNTY CODE
(c) Public guardianship program. The Collier (3) If the needs of the county or circuit do not
County Public Guardianship Program is hereby require a full-time public guardian,a part-
amended to place it under the authority, supervi- time public guardian may be appointed at
sion and oversight of the statewide public guard- reduced compensation.
ianship office within the Florida Department of (4) A public guardian, whether full-time or
Elderly Affairs. part-time, may not hold any position that
(d) Appointments to the public guardianship would create a conflict of interest.
program. (5) The public guardian is to be appointed for
(1) The executive director of the statewide a term of four years,after which her or his
public guardianship office, after consulta appointment must be reviewed by the
tion with the chief judge and other circuit executive director, and may be reap
judges within the judicial circuit and with pointed for a term of up to four years.The
appropriate advocacy groups and individ executive director may suspend a public
uals and organizations who are knowl guardian with or without the request of
edgeable about the needs of incapacitated the chief judge. If a public guardian is
persons shall create a list of persons best suspended, the executive director shall
qualified to serve as the public guardian, appoint an acting public guardian as soon
and such qualifications shall include re-
view pursuant to F.S. § 744.3135. The permanent replacement is selected.A pub-
public guardian must have knowledge of lic guardian may be removed from office
the legal process and knowledge of social during the term of office only by the
services available to meet the needs to executive director who must consult with
incapacitated persons. A nonprofit corpo- chief judge prior to said removal. A
ration under F.S. § 744.309(5) may be recommendation of removal made by the
appointed public guardian only if: chief judge must be considered by the
executive director.
a. It has been granted tax-exempt sta-
tus from the United States Internal (6) Public guardians who have been previ
Revenue Service; and ously appointed by a chief judge prior to
the effective date of this Act pursuant to
b. It maintains a staff of professionally this section may continue in their posi-
qualified individuals to carry out the tions until the expiration of their term
guardianship functions, including a pursuant to their agreement. However,
staff attorney who has experience in oversight of all public guardians shall be
probate areas and another person transferred to the statewide public guard-
who has a master's degree in social ianship office. The executive director of
work, or a gerontologist, psycholo- the statewide public guardianship office
gist,registered nurse, or nurse prac- shall be responsible for all future appoint-
titioner. ments of public guardians pursuant to
(2) The executive director shall appoint or F.S. ch. 744.
contract with a public guardian from the (e) Duties and responsibilities of the public
list of candidates described in subsection guardian. The duties and responsibilities of the
(1). A public guardian must meet the county public guardian shall include, but shall
qualifications for a guardian as pre- not be limited to:
scribed in F.S. § 744.309(1)(a). Upon ap-
pointment of the public guardian, the (1) Identifying the recipients of the services
executive director shall notify the chief for public guardianship;
judge of the judicial circuit and the Chief (2) Reviewing eligibility of recipients and de-
Justice of the Supreme Court of Florida, termining if the recipients are eligible for
in writing, of the appointment. the public guardianship program;
Supp.No. 12 CD46:4
COURTS §46-2
(3) Procuring necessary services; ited by law. The public guardian shall
(4) Preparing and administering the budget retain ultimate responsibility for the dis
for the public guardianship program un charge of his or her duties and responsi-
der the direct supervision of the executive bilities.
director of the statewide public guardian-
ship office. (5) The public guardian, when appointed
guardian of an incapacitated person,shall
(5) Receiving references and referrals regard- seek a family member or friend, other
ing recipients for services of the public person, bank, or corporation who is qual-
guardianship program through the court ified and willing to serve as guardian.
system; Upon determining that there is someone
(6) Compiling all data for the county public qualified and willing to serve as guardian,
guardianship program as required by F.S. either the public guardian or the qualified
ch. 744.708, and providing all required person shall petition the court for appoint-
data to the office of the statewide public ment of a successor guardian.
guardianship office.
(6) A public guardian shall not commit a
All placements of service recipients under
ward to a mental health treatment facil-
the county public guardianship program
be by court order. ity, as defined in F.S. § 394.455(3), with-
shall
out an involuntary placement proceeding
(f) Duties and powers of the county public as provided by law.
guardian.
(7) When a person is appointed successor
(1) The public guardian shall be vested with public guardian, he or she immediately
all the powers and duties of a guardian succeeds to all rights, duties, responsibil-
\--..,,. under F.S. ch. 744, except as otherwise ities, and powers of the preceding public
provided by law. guardian.
(2) If the public guardian finds that the as-
sets or the income of the ward exceeds the (8) When the position of public guardian is
amounts set forth in paragraph (1Xb) of vacant, subordinate personnel employed
F.S. ch. 744, the public guardian shall under subsection(4)above, shall continue
submit a resignation and petition the court to act as if the position of public guardian
for appointment of a successor guardian. were filled.
The public guardian shall not be dis-
missed until such time that a private (g) Preparation of budget. Each public guard-
guardian is appointed. If a qualified suc- ian,whether funded in whole or in part by money
cessor guardian is not available, the pub- raised through local efforts, grants, or any other
lic guardian may remain as guardian, source or whether funded in whole or in part by
provided the guardian makes reasonable the state,shall prepare a budget for the operation
efforts to find a successor and reports to of the office of public guardian to be submitted to
the court every six months on efforts to the statewide public guardianship office. The of-
obtain a successor. fice of public guardian shall be operated within
(3) The public guardian shall be authorized the limitations of the General Appropriations Act
to employ sufficient staff to carry out the and any other funds appropriated by the Legisla-
duties of his or her office. ture, subject to the provisions of F.S. ch. 216.
However, this section shall not preclude from the
(4) The public guardian may delegate to as- financing of any operations of the office of the
sistants and other members of his or her public guardian by moneys raised through local
staff the powers and duties of the office of effort or through the efforts of the statewide
public guardian, except as otherwise lim- public guardianship office.
Supp.No. 12 CD46:4.1
§46-2 COLLIER COUNTY CODE
(h) Procedures and rules. The public guardian, guardian shall submit to the clerk of the
subject to the oversight of the statewide public court for placement in the ward's guard-
guardianship office, is authorized to: ianship file and to the executive director
(1) Formulate and adopt necessary proce-
dures to assure the efficient conduct of the face a report on his or her efforts to locate
affairs of the ward and general adminis a family member or friend, other person,
tration of the office and staff. bank, or corporation to act as guardian of
the ward and a report on the ward's •
(2) Contract for services necessary to dis- potential to be restored to capacity.
charge the duties of the office.
(5) An independent audit by a qualified cer-
(3) Accept the services of volunteer persons tified public accountant shall be per-
or organizations and provide reimburse- formed at least every two years.The audit
ment for proper and necessary expenses. should include an investigation into the
(i) Costs of public guardian. practices of the office for managing the
person and property of the wards.A copy
(1) All costs of administration, including fil- of the report shall be submitted to the
ing fees, shall be paid from the budget of statewide public guardianship office. In
the office of public guardian. No costs of addition, the office of public guardian
administration,including filing fees,shall shall be subject to audits by the auditor
be recovered from the assets or the in- general pursuant to F.S. § 11.45.
come of the ward, except as provided by (6) The public guardian shall ensure that
law. each ward is seen by a professional staff
(2) In any proceeding for appointment of a person at least four times a year.
public guardian, or in any proceeding for (7) The ratio for professional staff to wards
appointment of a public guardian, or in shall be one professional to 40 wards.The
any proceeding involving the estate of a statewide public guardianship office may
ward for whom a public guardian has increase or decrease the ratio after con-
been appointed guardian, the court may sultation with the local public guardian
waive any court costs or filing fees. and the chief judge of the circuit court.
(j) Reports and standards. The basis of the decision to increase or
(1) The public guardian shall keep and main- decrease the prescribed ratio shall be re
tain proper financial, case control, and ported in the annual report to the Gover
statistical records on all matters in which nor, the President of the Senate, the
the public guardian serves as guardian. Speaker of the House of Representatives,
and the Chief Justice of the Supreme
(2) No report or disclosure of the ward's per- Court.
sonal and medical records shall be made, (8) The term "professional," for purposes of
except as authorized by law. this part, shall not include the public
(3) A public guardian shall file an annual guardian nor the executive director of the
report on the operations of the office of statewide public guardianship office. The
public guardian,in writing,by September term "professional" shall be limited to
1 for the preceding fiscal year with the those persons who exercise direct super-
statewide public guardianship office which vision of individual wards under the di-
shall have responsibility for supervision rection of the public guardian.
of the operations of the office of public
guardian. (k) Access to records by statewide public guard-
ianship office; confidentiality. Notwithstanding
(4) Within six months of his or her appoint- any other provision of law to the contrary, any
ment as guardian of a ward, the public medical, financial, or mental health records held
Supp. No. 12 CD46:4.2
COURTS §46-3
by an agency, or the court and its agencies,which rendered for providing public guardianship ser-
are necessary to evaluate the public guardianship vices for only county cases.The Clerk of Courts of
system, to assess the need for additional public Collier County, Florida,may collect an additional
guardianship,or to develop required reports,shall service charge on each civil case filed, as permit-
be provided to the statewide public guardianship ted by law, excluding small claims cases, in Col-
office upon that office's request. Any confidential Tier County,Florida.Said additional service charge
or exempt information provided to the statewide shall be deposited in the Collier County Public
public guardianship office shall continue to be Guardianship Program Trust Fund.All unexpended
held confidential or exempt as otherwise provided funds in the Collier County Public Guardianship
by law. All records held by the statewide public Program Trust Fund at the end of each fiscal year
guardianship office relating to the medical,finan shall be carried forward in the Collier County
cial, or mental health of vulnerable citizens who Public Guardianship Program Trust Fund to the
are elderly persons or disabled adults as defined next successive fiscal year and expended exclu-
in F.S. ch. 415, persons with a developmental sively for the public guardianship program as set
disability as defined in F.S. ch. 393, or persons
with a mental illness as defined in F.S. ch. 394, forth in this section.
shall be confidential and exempt from Section (Ord.No.92-102,§§ 1-6;Ord.No.97-18,§§ 1-3,
119.07(1) and Section 24(a), Art. I of the State 4-22-97; Ord. No. 01-6, §§ 1-13, 2-27-01)
Constitution. Cross references—Social services, ch. 114; children's
support services district, § 122-1601 et seq.
(1) Surety bond. Upon taking office, a public
guardian shall file a bond with surety as pre- Sec. 46-3. Family mediation service.
scribed in F.S. § 45.011, to be approved by the
clerk. The bond shall be payable to the governor (a) Purpose. The establishment and mainte-
and the governor's successors in office, in the nance of a county family mediation service in the
penal sum of not less than $5,000.00 nor more county is hereby declared to be desirable and to
than $25,000.00, conditioned on the faithful per- fulfill a public need to assist parties in resolving
formance of all duties by the guardian.The amount any domestic relations controversies. It is further
of the bond shall be fixed by the majority of the declared that the establishment and maintenance
judges within the judicial circuit. In form the of circuit and county court-ordered mediation as
bond shall be joint and several. The bond shall be well as arbitration services is desirable and ful-
purchased from the funds of the local office of fills the public need of assisting parties in resolv-
public guardian. ing contested civil actions and civil disputes pend-
(m) Funding for the public guardianship pro- ing in the county or the circuit courts,as provided
gram. The county public guardianship program by law.
shall be funded by imposing a fee of$15.00 to be
assessed for each civil action filed in the county, (b) Sources and uses of funds.
excluding small claims cases. In the event fund-
ing from the State of Florida or other alternative (1) There is hereby created an account to be
funding sources are insufficient to meet the needs known as the county family mediation
of county residents who qualify for the services of account. Said account shall be adminis
tered
the public guardian,the balance of funding needed shall by the clerk of the circuit court and
shall be allocated from the county general fund shall be used to provide services, as di-
each fiscal year. rected by the court in accordance with F.S.
ch. 44, to any party in resolving domestic
A trust fund to be known as the"Collier County relations controversies and other family
Public Guardianship Program Trust Fund" shall matters such as marital problems, child
be established. Said fund shall be administered abuse, spouse abuse and similarly associ-
by the judge designated by the chief administra- ated problems,property division, custody,
tive judge and shall be used to pay for services child support,visitation and other paren-
Supp.No.48 CD46:5
46-3 COLLIER COUNTY CODE
tal responsibility issues. The court on its to be used by the state supreme court to
own motion or on motion of a party may carry out its responsibilities as set forth
refer the parties to this service. in F.S. § 44.106.
(Ord. No. 91-76, §§ 1, 2)
The clerk of the circuit court, pursuant to Cross reference—Social services,ch. 114.
F.S. §§ 44.1011, 44.102 and 44.108, is State law references—Family mediation services, F.S.
hereby authorized and directed to collect § 44.102(2)(b); court support and service charges to support
an additional service charge of$45.00 on family mediation services,F.S. §44.108.
any petition for a modification of a final
judgment of dissolution filed within the Sec. 46-4. Surfees.
jurisdiction of the courts of the county.
Said additional service charge shall be (a) The county sheriff shall charge a discretion-
deposited in the family mediation account ary surfee for the services listed in F.S.§30.231(a)—
to be used to fund family mediation ser- (d), according to the following schedule:
vices under the supervision of the chief
judge of the circuit. (1) All summons or writs except subpoenas
and executions; $4.50 for each person or
(2) There is hereby created an account to be respondent to be served.
known as the county court-ordered medi-
ation/arbitration account. Said account (2) All writs except executions requiring a
shall be administered by the clerk of the levy or seizure of property; $2.00 in addi-
county/circuit court, and shall be used to tion to the extra $4.50 surfee as stated in
provide services, as directed by the court subsection (1).
in accordance with F.S. ch. 44, to any
party to assist in resolving contested civil (3) Witness subpoenas; $2.00 for each wit-
actions and civil disputes. ness to be served.
The clerk of the county/circuit court, pur- (4) Executions:
suant to F.S. § 44.108, is hereby autho-
rized and directed to collect an additional a. For docketing and indexing each writ
service charge of$5.00 for each and every of execution, regardless of the num
circuit court civil proceeding, and an ad ber of persons involved; $2.00.
ditional service charge of$5.00 for each b. For each levy; $5.00.
and every county court civil proceeding
filed within the jurisdiction of the circuit c. For advertisement of sale under pro-
and county courts in and for the county. cess; $1.00.
Said additional service charges shall be
deposited in the court-ordered mediation/ d. For sale under process; $3.00.
arbitration account to be used to fund
circuit and county court civil mediation e. For deed or bill of sale; $3.00.
and arbitration under the supervision of (b) All of the discretionary surfees authorized
the chief judge of the circuit. in this section shall be subject to the provisions of
(3) The Collier County Clerk of Courts, pur- F.S. § 77.234.
suant to F.S. §44.108(4),is hereby autho—
rized and directed to forward $1.00 of
each service charge collected pursuant to Sec. 46-5. Reserved.
subsections (1) and (2) of this subsection Editor's note—Ord. No. 2012-32, § 1, adopted Sept. 11,
to the office of the state courts adminis- 2012,repealed§46-5,entitled"Fee for alimony payments and
trator for that office to deposit the funds collection",which derived from: Laws of Fla.ch. 67-701, § 1;
in a state mediation arbitration trust fund Laws of Fla.ch.71-29.
upp. No.48 CD46:6
COURTS §46-9
Sec. 46-6. Additional court costs in criminal amendment; or the amendment(s) delegates a
cases. discretionary (local option) decision to the Board
(a) Pursuant to F.S. § 939.185, an additional of County Commissioners and the Board of County
court cost of$65.00 shall be imposed by the court Commissioners determines that the discretionary
when a person pleads guilty or nolo contendere to, (local option) provision(s) shall not apply within
or is found guilty of, any felony, misdemeanor, or Collier County,or shall apply within Collier County
criminal traffic offense under the laws of this only as locally modified by the Board of County
state. Such additional assessment shall be ac Commissioners.
counted for separately,is to be used only in Collier (Ord. No. 04-42, § 2)
County, and is to be allocated as follows:
(1) 25 percent of the amount collected shall Sec. 46-8. Surcharge in certain enumerated
be allocated to fund innovations to supple traffic violations and offenses.
ment state funding for the elements of the
state courts system identified in F.S. (a) Pursuant to F.S. § 318.18(13),every person
§ 29.004, and County funding for local who pays a fine or civil penalty for any violation of
requirements under F.S. § 29.008(2)(a)2. a non-criminal traffic infraction pursuant to F.S.
ch. 318, and every person who pleads guilty or
(2) 25 percent of the amount collected shall nolo contendere or is convicted, regardless of
be allocated to assist Collier County in adjudication, of those offenses enumerated in F.S.
providing legal aid programs required un- § 318.17, shall be assessed a surcharge of$30.00
der F.S. § 29.008(3)(a). (Thirty Dollars). This surcharge is in addition to
(3) 25 percent of the amount collected shall any penalties imposed for non-criminal traffic
be allocated to fund law personnel and infractions pursuant to F.S. ch. 318, or imposed
legal materials for the public as part of a for criminal violations listed in F.S. § 318.17.
law library.
(b) The court shall order payment of this sur-
(4) 25 percent of the amount collected shall charge in all matters subject to this Ordinance.
be used as determined by the Collier The court shall not waive this surcharge.
County Board of County Commissioners
to support teen court programs, juvenile
assessment centers, and other juvenile (c) The funds collected pursuant to this Ordi-
nance shall be used to fund state court facilities.
alternative programs in Collier County. Funds collected pursuant to this Ordinance shall
(b) Any unspent funds at the close of the be expended as provided by the Board of County
county fiscal year allocated under subparagraphs Commissioners in consultation with the Chief
(2), (3) and (4), shall be transferred for use pur- Judge.
suant to subparagraph (1). (Ord. No. 04-43, § 1; Ord. No. 2009-41, § 1)
(c) The court shall order a person to pay these
additional court costs in all matters subject to this Sec. 46-9. Amendments to F.S. § 318.18(13).
section.If the person is determined to be indigent,
the clerk shall defer payment of this cost. Amendments to F.S. § 318.18(13), if any, shall
(Ord. No. 04-42, § 1) be deemed automatically included by reference,
as of the effective date of the respective amend-
Sec. 46-7. Amendments to F.S. § 939.185. ment(s),unless:the Board of County Commission-
ers is required to make a decision with regard to
Amendments to F.S. § 939.185, if any, shall be the amendment;or the amendment(s)delegates a
deemed automatically included by reference,as of discretionary (local option) decision to the Board
the effective date of the respective amendment(s), of County Commissioners and the Board of County
unless: the Board of County Commissioners is Commissioners determines that the discretionary
required to make a decision with regard to the (local option) provision(s) shall not apply within
�./ Supp.No.48 CD46:7
46-9 COLLIER COUNTY CODE
Collier County,or shall apply within Collier County filing fees so collected by the clerk shall be depos-
only as locally modified by the Board of County ited in the County law library fund established
Commissioners. herein.
(Ord. No. 04-43, § 2)
(c) The clerk is further authorized and di-
rected to draw warrants upon such funds upon
Secs. 46-10-46-30. Reserved. the submission to the clerk of a requisition for
same signed by either the president, vice-presi-
ARTICLE II. LAW LIBRARY* dent, or treasurer of the County bar association
and countersigned by the County attorney.
Sec. 46-31. Declaration of purpose. (Ord. No. 79-41, § 2)
The establishment and maintenance of a County Sec. 46-33. Board of trustees.
law library in the County is hereby declared to be
desirable, a public need, and a general County There is hereby created the board of trustees of
purpose. The purchase of law books,legal period- the County law library, which shall be composed
icals, looseleaf legal services, furniture, furnish of no less than five practicing attorneys who
ings, fixtures, equipment and supplies and the maintain offices for the practice of law in the
employment of personnel in connection therewith County. The chairman shall be appointed annu
and the maintenance thereof, shall be a general ally by the president of the County bar associa
County purpose. tion, and a chairman may serve successive and
(Ord. No. 79-41, § 1) consecutive terms without limitation. The mem-
bers of the board of trustees shall be selected by
the chairman of the board of trustees. Vacancies
Sec. 46-32. Fund created;source,use of fund. shall be filled by the chairman by appointment for
(a) There is hereby created a fund to be known the unexpired term. No member of the board of
s the Collier County Law Library Fund. Said trustees shall receive any compensation in con-
fund shall be administered by the clerk of the nection with his office as such member, but he
circuit court, and shall be used for the mainte- may be reimbursed for actual and necessary ex-
nance and operation of the county law library, penses incurred, payable only out of the County
including, but not limited to, the purchase of law law library fund.Said board of trustees shall have
books, legal periodicals, looseleaf legal services, sole and complete authority over the employment,
furnishings, fixtures, equipment and supplies, discharge and supervision of the librarian for the
payment of salaries and wages of all employees County law library and such other personnel as
and for all other expenses deemed desirable by the board of trustees may determine as being
said board of trustees for the maintenance and necessary for the creation, maintenance and op-
operation of said library, and for the purpose of eration of said law library. The board of county
procuring and maintaining equipment and sup- commissioners is hereby authorized to appropri-
plies for the use of the courts and the public as ate from the general fund of the County for any
provided by F.S. § 28.241. purpose contemplated by this article and is hereby
authorized to make appropriation to the County
(b) The clerk of the circuit court of the County, law library for such purposes.
pursuant to F.S. § 28.241, is hereby authorized (Ord. No. 79-41, § 3)
and directed to collect an additional fee of$5.00 Cross reference—Boards,commissions, committees and
for each and every action,suit,or proceeding filed authorities,§2-816 et seq.
within the civil jurisdiction of the County court in
and for the County, and an additional fee of
$10.00 for each and every action, suit or proceed-
ing filed within the civil jurisdiction of the circuit
court in and for the County. All such additional
*Cross reference—Library,ch. 82,
upp. No.48 CD46:8
COURTS §46-52
Sec. 46-34. Use of fund. Sec. 46-37. Donations; tax exemption.
The County law library fund shall be expended All donations to the County law library, and all
by the board of trustees for the purpose of procur- property in anywise acquired for the lawful pur-
ing,equipping and maintaining the law library as poses thereof,shall be deemed to be held and used
herein provided, for the purpose of securing such as charitable public trust for the use and benefit
furniture, furnishings and equipment as may be of the residents of the County, and shall be
necessary for the proper operation of said law exempt from all taxation.
library,for the purpose of employing such person- (Ord. No. 79-41, § 7)
nel as may be required for the proper operation of
said law library, and for the purpose of procuring Sec. 46-38. Rules and regulations.
and maintaining equipment and supplies for the The board of trustees shall prescribe and en
use of the courts and the public as provided by force rules and regulations governing the use,
F.S. § 28.241. maintenance and operation of the County law
(Ord. No. 79-41, § 4)
library, and for the conduct of the business of the
board of trustees.
Sec. 46-35. Purchasing. (Ord. No. 79-41, § 8)
The board of trustees shall have the authority Sec. 46-39. Continuation of law library fund.
to select and purchase materials, supplies and
equipment for the County law library and such The law library fund maintained by the clerk of
other purposes provided herein. The board of the circuit court pursuant to Laws of Fla. ch.
trustees shall conduct, maintain, manage and 61-2039 shall, upon the effective date of this
make all policy decisions for the County law article, be continued pursuant to this article as
library. Purchases made by said board of trustees the County law library fund,as established herein.
shall not be subject to the restrictions placed upon All existing obligations shall be assumed by the
County purchases by general or special laws, and board of trustees established hereunder.
it shall not be necessary to advertise for bids or to (Ord. No. 79-41, § 10)
secure bids for purchases made by said board of
trustees. The board of trustees is authorized to Secs. 46-40-46-50. Reserved.
make purchases on an installment basis and may
enter into contracts for the purchase of property
on a conditional sale, retain title, or lease option ARTICLE III. LEGAL AID OFFICE
basis. However, the board of trustees shall have FUNDING
no power to bind the County beyond the expendi-
ture of funds from the source named herein. Sec. 46-51. Authority.
(Ord. No. 79 41, § 5) This article is created pursuant to the provi-
sions of F.S. §§28.2401, 28.241 and 34.041,which
Sec. 46-36. Title to assets; custody and con- authorize the County to impose, by ordinance,
trol. service charges and/or fees in probate matters
and in civil actions filed in the circuit and County
Title to all existing assets of the law library courts to provide and maintain a legal aid office.
shall vest in the Board of County Commissioners (Ord. No. 98-57, § 1)
as of the effective date of ordinance from which
this article was derived. Title to all future ac- Sec. 46-52. Title and citation.
quired assets shall vest in the Board of County
Commissioners. The board of trustees shall exer- This article shall be known and cited as the
cise custody and control of all assets on behalf of "Collier County Legal Aid Office Funding Ordi-
the Board of County Commissioners. nance".
(Ord. No. 79-41, § 6) (Ord. No. 98-57, § 2)
Supp. No. 26 CD46:9
§46-53 COLLIER COUNTY CODE
Sec. 46-53. Purpose and intent. ing in Collier County Court.Such charges
It is the purpose of this article to provide shall be in addition to other lawful fees
funding, as authorized by Florida Statutes, to allowed to be charged by the clerk and
assist the Collier County Bar Association in the shall be for the purpose of providing and
maintaining a legal aid office in Collier
establishment and maintenance of a legal aid County.
office for qualified indigent residents of Collier
County. It is the intent of this article that the role (b) There is hereby created an account and/or
of the Collier County Board of County Commis- fund for the Board of County Commissioners
sioners (hereinafter referred to as "Board") shall known as the Collier County Legal Aid Office
be limited to being a partial funding source for the Account/Fund. Said account/fund shall be admin-
legal aid office to be established by the efforts of istered by the Clerk of the Circuit Court and shall
the Collier County Bar Association (hereinafter be used to deposit service charges and/or fees
"CCBA"). The Board shall not supervise, nor collected pursuant to this article. The funds pro-
control said legal aid office nor shall the Board vided by this article and deposited into this account/
supervise the services provided under said pro- fund shall be expended only for the purposes of
gram. establishing, staffing, equipping, furnishing and
(Ord. No. 98-57, § 3) operating a legal aid office for the representation
of qualified indigent residents of Collier County.A
Sec. 46-54. Collection and use of funds. budget for expenditures of these funds shall be
(a) As partial funding for the legal aid office to
established annually by the Board.
be established by the CCBA, the Board hereby (c) All unexpended funds in the Collier County
directs the clerk to collect, effective July 1, 1998, Legal Aid Office Account/Fund at the end of each
the following service charges and/or filing fees fiscal year shall be carried forward in said account/ , \1
pursuant to the authority contained in F.S. fund to the next successive fiscal year and ex-
§§ 28.401, 28.241 and 34.041: pended exclusively for the legal aid office as set
1) A service charge of $10.00 in probate forth in this article.
matters for any party instituting formal (Ord. No. 98-57, § 4)
administration,guardianship,ancillary cu-
ratorship, or conservatorship proceedings Secs. 46-55-46-70. Reserved.
in Collier County. Such charges shall be
in addition to other lawful fees allowed to ARTICLE IV. TEEN COURT PROGRAM
be charged by the clerk and shall be for
the purpose of providing and maintaining Sec. 46-71. Findings of fact and purpose.
a legal aid office in Collier County.
(a) Teen court is a highly effective court diver-
2) A fee of$10.00 for each civil action filed in sion program where participating youthful offend-
the Circuit Court of Collier County. Such ers are diverted from further delinquency by
fee shall be in addition to other lawful fees being encouraged to take responsibility for their
charged by the clerk and shall be for the actions and positively contribute to their commu-
purpose of providing and maintaining a nity.
legal aid office in Collier County.Notwith-
standing any other provision of this arti- (b) Teen court also serves as an educational
cle, and pursuant to F.S. § 741.30, the program about the court system as it exposes teen
total charges and fees for any court to volunteers to community service work, positive
issue a domestic violence injunction un- role models and the judicial process.
der F.S. chs. 741 or 748, shall not exceed (c) Florida Statutes, ch. 938, Court Costs, in
$50.00. Part III, Mandatory Court Costs Authorized by
3) A service charge of$10.00 to be paid by Local Governmental Entities, authorizes an addi- /Th the plaintiff in any civil action or proceed- tional$3.00 cost to be assessed on specified crim-
Supp.No. 26 CD46:10
COURTS §46-75
Lool
final and civil cases filed in circuit and county Sec. 46-73. Distribution of funds collected.
court to fund the operation and administration of
teen court. (a) The Clerk of the Circuit Court in Collier
(Ord. No. 02 10, § 1, 3-12-02) County("clerk") shall collect the respective $3.00
assessments for court costs established by Section
46-72. The clerk shall retain five percent of the
Sec. 46-72. Assessments imposed. total monthly assessment for court costs so col-
lected as fee income for administration.
(a) Pursuant to F.S. § 938.19, which is incor-
porated herein by reference into this article, a (b) All funds collected pursuant to this article
$3.00 assessment shall be charged as a court cost shall be used for the exclusive purpose of conduct-
by both the Collier County Circuit Court and the ing the Collier County Teen Court program as set
Collier County County Court against every per- forth in Section 46 74, below, and shall be depos-
son who pleads guilty or nolo contendere to, or is ited into a fund established by the clerk specifi
convicted of, regardless of adjudication, a viola- cally for the operation and administration of the
tion of: a State criminal statute, or a municipal Collier County Teen Court program as set forth in
ordinance or County ordinance,or who pays a fine Section 46-74.
or civil penalty for any violation of F.S. ch. 316. (Ord. No. 02-10, § 3, 3-12-02)
(b) Any person whose adjudication is withheld Sec. 46-74. Expenditure and management of
pursuant to the provisions of F.S. §§ 318.14(9), funds budgeted.
318.14(10), shall also be assessed the $3.00 court The court administrator or his designee shall,
cost. in accordance with F.S. § 938.19, and with the
budget adopted by the Collier County Board of
(c) The $3.00 assessment for court costs shall Commissioners, have the authority to provide for
be in addition to any fine, civil penalty or other the expenditure of funds remitted to the Collier
court cost and shall not be deducted from the County Teen Court program.
proceeds of that portion of any fine or civil penalty (Ord. No. 02-10, § 4, 3-12-02)
which is received by a municipality in Collier
County or by Collier County in accordance with Sec. 46-75. Amendments to F.S. § 938.19.
F.S. §§ 316.660 and 318.21.
Amendments to F.S. § 938.19, if any, shall be
(d) The $3.00 assessment shall be specifically deemed automatically included by reference,as of
added to any civil penalty paid for a violation of the effective date of the respective amendment(s),
F.S.ch.316,whether such penalty is paid by mail, unless: the Board of County Commissioners is
paid in person without request for hearing, or required to make a decision with regard to the
paid after hearing and determination by the court. amendment; or the amendment(s) delegates a
discretionary (local option) decision to the Board
(e) However,the$3.00 assessment shall not be of County Commissioners and the Board of County
made against a person for the violation of any Commissioners determines that the discretionary
State statutes, County ordinance, or municipal (local option) provision(s) shall not apply within
ordinance relating to the parking of vehicles,with Collier County,or shall apply within Collier County
the exception of a violation of the handicapped only as locally modified by the Board of County
parking laws,which are set forth in F.S.§316.1955. Commissioners.
(Ord. No. 02-10, § 5, 3-12-02)
(f) Court costs accessed pursuant to F.S.
§ 938.19, shall be limited to a $3.00 assessment
per case. These court costs are mandatory costs
and are not required to be orally announced at
sentencing.
(Ord. No. 02-10, § 2, 3-12-02)
Supp. No. 26 CD46:11
Losp.ol
Chapters 47, 48
RESERVED
Lai
Supp.No. 16 CD47:1