Ordinance 92-102 ORDIN~CE NO. gt- 102 ~ ~ ~
A~ ORDINANCE CREATING THE COLLIER COUNTY ~ ~ ~'~
PUBLIC GU~,RDI~NSHIP PROGRJ%M~ PROVIDING FOR ~ ~ ~
~UTHORITY~ PROVIDIN~ P~POSE ~ I~E~ ~ -'~
PROVIDIN~ FOR ~PPOI~ME~S TO THE COLLIER ~ ~
CO~Y PUBLIC GU~DI~SHIP PROG~ SETTING ~ ~
FORTH ~E DUTIES ~ RESPONSIBILITIES OF THE ~
COLLIER CO~Y ASSIST~T PUBLIC GU~DI~;
PROVIDIN~ FOR THE F~ING OF THE COLLIER
CO~Y PUBLIC GU~DI~SHIP PROG~ PROVIDING
FOR THE COLLECTION ~ EXPE~IT~E OF F~8 FOR
THE COLLIER CO~Y PUBLIC GU~DI~SHIP
PROG~; PROVIDING FOR CO~LICT ~
8~E~ILITY~ ~ PROVIDIN~ ~ EFFECTIVE D~TE.
~S, Section 28.241, Florida Statutes, provides that the
County may impose by ordinance a fee for each civil action filed
for pa~ent of costs associated with public guardianships~ and
~ER~S, Chapter 744, Part IX, Florida Statutes, the "Public
Guardianship Act," sets forth the office of public ~ardian,
appointment, notification, powers and duties, costs of public
~ardian, preparation of budget, procedures and rules, reports and
standards, and surety bond; and
~ER~S, the Collier County Bar Association Board has voted
unanimously to support a filing fee increase of up to $4.00 per
civil case to fund a Collier County Public Guardianship Program;
and
~ER~S, the Board of County Co~issioners of Collier County,
Florida, finds it to be in the best interest of the citizens of
Collier County, Florida, to establish a Public Guardianship
Program for Collier County, in accordance with Chapter 744, Part
IX, Florida Statutes and Section 28.241, Florida Statutes.
NOW, THEREFORE, BE IT ORDAINED BY THE BO~D OF CO~TY
CO~ISSIONERS OF COLLIER CO~TY, F~RIDA, that:
SECTION ONE. Authority
This ordinance is created pursuant to the provisions of
Section 28.241, Florida Statutes, wherein the County is authorized
to impose by ordinance, a fee of up to $10.00 for each civil
action filed, contingent upon the County matching these funds from
the County's general revenue, for pa~ent of the costs associated
with public guardianships. Further, this ordinance is enacted to
incorporate the provisions of Chapter 744, Part IX, Florida
Statutes.
SECTION TWO. Purpose and Intent
It shall be the purpose of this ordinance to establish a
Collier County office of assistant public guardian for the purpose
of providing guardianship services for incapacitated persons when
no private guardian is available for those persons whose needs
cannot be met through less drastic means of intervention and to
create a Collier County Public Guardianship Program.
SECTION THREE. Collier County Public Guardianship Program
There is hereby created the Collier County Public
Guardianship Program under the authority and supervision of the
office of Public Guardianship for the Twentieth Judicial Circuit.
SECTION FOUR. Appointments to the Collier County Public
Guardianship Program
Ail appointments to the Office of Public Guardian shall be
made by administrative order and the Public Guardian for the
Twentieth Judicial Circuit shall be appointed by the Chief
Administrative Judge of the Twentieth Judicial circuit.
There shall be appointed an Assistant Public Guardian for
Collier County. The Assistant Public Guardian may be an
individual, a non-profit organization, or any other legal entity.
Ail appointments to the Collier County Public Guardianship Program
shall be by administrative order of the Chief Administrative Judge
of the Twentieth Judicial Circuit after receiving and considering
recommendations from the local circuit judges and the Board of
County Commissioners.
SECTION FIVE. Duties end Responsibilities of the Collier County
Assistant Public Guardian
The duties and responsibilities of the Collier County
Assistant Public Guardian s~all include, but shall not be limited
to:
1) Identifying the recipients of the services for public
guardianship;
2) Reviewing eligibility of recipients and determining if
the recipients are eligible for the public guardianship
program;
3) Procuring necessary services;
4) Preparing and administering the budget for the public
guardianship program under the direct supervision of the
Chief Administrative Judge;
5) Receiving references and referrals regarding recipients
for services of the public guardianship program through the
Court system;
6) Compiling all data for the Collier County Public
Guardianship Program as required by Chapter 744, Part IX,
Florida Statutes, and providing all required data to the
Public Guardian; and
7) Formulation of an educational program for public
guardians pursuant to Section 744.3145, Florida Statutes.
All placements of service recipients under the Collier County
Public Guardianship Program shall.be by court order.
SECTION SIX. Funding for the Collier County Public Guardianship
Program
The Collier County Public Guardianship Program shall be
funded by imposing a fee of $4.00 to be assessed for each civil
action filed in Collier County, excluding small claims cases. The
Board of County Commissioners shall budget matching funds from the
county general revenue account each fiscal year in an amount equal
to the filing fees collected under this ordinance for the Collier
County Public Guardianship Program. A trust fund to be known as
the "Collier County Public Guardianship Program Trust Fund" shall
be established. Said fund shall be administered by the Judge
designated by the Chief Administrative Judge and shall be used to
pay for services rendered for providing public guardianship
services for only Collier County cases. The Clerk of Court of
Collier County, Florida, is hereby directed to collect an
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additional service charge of $4.00 on each civil case filed,
excluding small claims cases, in Collier County, Florida. Said
additional service charge shall be deposited in the Collier County
Public Guardianship Program Trust Fund. All unexpended funds in
the Collier County Public Guardianship Program Trust Fund at the
end of each fiscal year shall be carried forward in the Collier
County Public Guardianship Program Trust Fund to the next
successive fiscal year and expended exclusively for the public
guardianship program as set forth in this ordinance.
SECTION SE~EN. 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 this
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 EIGHT. Effactive Date
This ordinance shall take effect upon receipt of notice from
the Secretary of State that this ordinance has been filed with the
Secretary of State. The Clerk of Court shall collect the
additional service charge as set forth herein commencing on
January 1, 1993.
PASSED AND DULY ADOPTED by the Board of County Commissioners
of Collier County, Florida, this ~o7._ day of _~~j ,
1992w. ~ .
ATTEST: .. BOARD OF COUNTY COMMISSIONERS
JAMES C. GILES, CLERK COLLIER COUNTY, FLORIDA
,:.,~,~ .... ~-~_,~ ~. . BY: ,
/_.i~ ~-- . - --,~ ,- .iC~EL J.. VOLPE,~'~ c~
Approved as to form and
legal sufficiency:
.~;.., ~s o~;nonce flied wl~ ~e
/
Secre~ of S~te's
Assistant County Attorney o~ acknowledgeme~n!9~
{i~in~r~elv~ ~%~day .
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. 92-102
which was adopted by the Board of County Commissioners on
the 22nd day of December, 1992, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 22nd
day of December, 1992.
JAMES C. GILES .~ ... ~.,~
Clerk of Courts and Cler~'-'"' ""..
Ex-officio to Board of.~:/
County Commlsstoners .. ::
;'~. ..~ . . .. ·;
~y: /s/Maureen Kenyon ""..
~- Deputy Clerk '~'? ~ I : ", '~"
19:].