Ordinance 98-057ti-~ ~.%~Z'4~ !-: ORDINANCE NO. 98- 57
~atn/~,,-AN ORDINANCE PRODDING FOR PARTIAL ~NDING FO~.A
~: ~'.[-~ LEGAL AID OFFICE IN COLLIER COUNt; PROVIDING ~R
AUTHO~ FOR SAID FUNDING; PROVIDING FOR TITLE ~ND
CITATION; PROVIDING FOR PU~OSE ~D IN~NT; PROVID~G
FOR COLLECTION AND USE OF ~NDS; PROVIDING F~R
CONVICT AND SE~BILI~; PROVIDING FOR INCLUSION
THE CODE OF LAWS AND O~IN~CES; AND PRODDING
WHEREAS, Sections 28.2401, 28.241 and 34,041, Florida Statutes, authorize the
governing authority of the County to enact srcvice charges and/or fees by ordinance for the
funding of a Legal Aid Office; and
WHEREAS, said service charges may be imposed, pursuant to Sections 28.2401,28.241
aF.d 34.041, Florida Statutes, in probate matters and for civil actions filed in the Circuit and
County Courts; and
WHEREAS, the Collier County Bar Association has led the local effort to establish the
Collier County Legal Aid Society, Inc. to initially handle family law legal issues for indigent
residents of Collier County; and
WHEREAS, th', members of the Collie County Bar Association have voted for and
approved a dues increase to provide partial funding for a Legal Aid Office; and
WHEREAS, the current indigent legal representation needs in the County exceed the Bar
Association's pro bono capabilities which are also not expected to be able to meet the needs that
will exist in the future due to growth in the County; and
WHEREAS, the Collier County Bar Association has informed the Board of County
Commissioners that additional funding for the Collier County Legal Aid Society, Inc. shall be
sought from grants as well as through private donations from the community; and
-WHEREAS, the Board of County Commissions hereby finds that providing funding
assistance for the Collier County Bar Association's efforts to establish and maintain a Legal Aid
Office helps to address a public need and serves a lawful and necessary public purpose.
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NOW, THEREFORE, BE IT OR.DArNED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE. Authority
This Ordinance is created pursuant to the provisions of Sections 28.2401, 28.241 and
34.041, Florida Statutes, which authorize the County to impose, by ordinance, service charge~
and/or fees in probate matters and in civil actions filed in the Circuit and County Coum to
provide and maintain a Legal Aid Office.
SECTION TWO. Title and Citation
This Ordinance shall be known and cited as the "Collier County Legal Aid Office
Funding Ordinance."
SECTION THREE. Purpose and Intent
It is the purpose of this Ordinance to provide funding, as authorized by Florida Statutes,
to assist the Collier County Bar Association in the establishment and maintenance of a Legal Aid
Office for qualified indigent residents of Collier County. It is the intent of this Ordinance that
the role of the Collier County Board of County Commissioners (hereinaf~er referred to as
"Board") shall be limited to being a partial funding source for the Legal Aid Office to be
established by the efforts of the Collier County Bar Association (hereinafier "CCBA"). The
Board shall not supervise nor control said Legal Aid Office nor shall the Board supervise the
service~ provided under said program.
SECTION FOUR. Collection and Use of Funds.
a. As partial funding for the Legal Aid Office to be established by the CCBA, the
Board hereby directs the Clerk to collect, effective July 1, 1998, the following sentice charges
and/or filing fees purmant to the authority contained in Sectiota 28.401, 28.241 and 34.041,
Florida Statutes.:
1) A service charge of $10.00 in probate martin for any party instituting
forraal administration, guardianship, ancillary curatorship, or conservatorship proceedings in
Collier County. Such charges shall be h~ addition to other lawful fees allowed to be charged by
the Clerk and shall be for the purpose ofpwviding and maintaining a Legal Aid Office in Collier
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2) A fee of $I0.00 for each civil action filed in the Circuit Court of Collier
County. Such fee shall be in addition to other lawful fees charged by the Clerk and shall be for
the purpose of providing and maintaining a Legal Aid Office in Collier County. Notwithstanding
any other provision of this Ordinance, and pursuant to Section 741.30, Florida Statutes, the total
charges and fees for any court to issue a domestic violence injunction under Chapter 741 or 748,
Florida Statutes, shall not exceed $50.00.
3) A s~rvice charge of $10.00 to be paid by the plaintiff in any civil action or
proceiling in Collier County Court. Such charges shall be in addition to other lawful fee, s
allowed to be charged by the Clerk and shall be for the purpose of providing and maintaining a
Legal Aid Office in Collier County.
b. There is hereby created an account and/or fund for the Board of County
Commissioners known as the Collier County Legal Aid Office account/fund. Said account/fund
shall be administered by the Clerk of the Circuit Court and shall be u~ed to deposit service
charges and/or fees collected pursuant to this Ordinance. The funds provided by this Ordinance
and deposited into this account/fund shall be expended only for the purposes of establishing,
staffing, equipping, furnishing and operating a Legal Aid Office for the representation of
qualified indigent residents of Collier County. A budget for expenditures of these funds shall be
established annually by the Board.
c. All unexpended funds in the Collier County Legal Aid Office account/f~nd at the
end of each fiscal year shall be carried forward in said account/fund to the next successive fiscal
year and expended exclusively for the Legal Aid Office as set forth in this Ordinance.
SECTION FIVE. Conflict and Severability.
In the event this Ordinance conflicts with any other ordinance of Collier Couaty or oth~
applicable law, the mor~ 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
r~maining portion.
SECTION SIX. Inclusion In the Code of Laws 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 renumberod or
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r~let',~'ed to accomplish such, and the word "Ordinance" may be changed to Section, "Article",
or any other appropriate word.
SECTION SEVEN. Effective Date.
This Ordinanc,~ shall become effective upon filing with the Departrncnt of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this/,~ day of 2~~____.~ 1998.
'~ ":': · A'ITrEST'.. .........,' BOARD OF COUNTY COMMISSIONERS
· ?;~,,D, WIGHT E, BRiiL"~. Clerk OF COLLIER COUNTY, FLORIDA
'n'$
Chief Assistant County Attorney
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, 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. 98-57
Which was adopted by the Board of County Commissioners on the 16th day
of June, 1998, during Regular Session.
WITNESS my hand and the official seal of the Board of County
Commissioners of Collier County, Florida, this 16th day of June, 1998.
·
DWIGHT E. BROCK
Clerk of Courts and
Ex-officio to
County CommissionerS'-
Maure el
~.,
Deputy Clerk .j '~.:~'