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Ordinance 90-034 ORDINANCE NO. 90- 34 %'%'~ AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 87-91 BY REVISING SECTION ONE TO ADD COURT-ORDERED MEDIATION AS WELL AS ARBITRATION SERVICES TO RESOLVE CIVIL ACTIONS AND DISPUTES IN COUNTY AND CIRCUIT COURTS; AMENDING COLLIER COUNTY O~DINANCE NO. 87-91 DY REVISING SECTION TWO AND PROVIDING FOR A COURT-ORDERED MEDIATION SERVICE, PROVIDING FOR A COURT-ORDERED NONBINDING ARBITRATION SERVICE, PROVIDING FOR VOLUNTARY BINDING ARBITRATION, PROVIDING FOR AN ADDITIONAL $2.00 FILING FEE ON ALL COUNTY COURT CIVIL PROCEEDINGS; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 44.101, Florida Statutes, provides that a family mediation service is a valid public purpose and that the Board of County Commissioners may fund said service by levying a service charge of no more than $2.00 on any circuit court '~ proceeding; and .~:~ WltgREAS~ th, Board of ¢ount~ ¢o~mtsaton~rs of Collier County, Florida, finds it to ~e tn the best interest of the citizens of ~' Collier County, Florida, to provide a f~mlly mediation ~arvice to ',/ ~aal~t In tha re~olut~on of domastto relations controveraiea such as marital problems, child abuse, spouse abuse and similarly . associated problems; and WHEREAS, Florida Statutes, Sections 44.301 - 44.308, provide for the establishment of County Court-Ordered mediat~on as well as arbitration services and for the Board of County Commissioners to fund said aervic.a by lovylng a sarvlco charge of no more than $2.00 on any county court civil proceeding; and WHEREAS, the Board of County Commissioners of Collier County, Florida, finds it to be in the best interest of the citizens of Collier County, Florida, to establish a court-ordered mediation service, pursuant to Florida Statutes Section 44.302, that may be used to mediate all or any portion of contested civil actions filed in circuit or county courts in which there are disputed issues of fact or law. Said service may also be used to mediate Words underlined are added; words st=uek-th=ou~h are deleted. all issues relating to custody, visitation, or child support with the exception of those cases where there is any history of / domestic violence; and WHEREAS, the Board of County Commissioners of Collier County, Florida, finds it to be in the best interest of the citizens of Collier County, Florida to provide court-ordered, nonbinding arbitration services, pursuant to Section 44.303, Florida Statutes, for partims involved in any contested civil action filed ~ in a circuit or county court; and ~. WHEREAS, the Board of County Commissioners of Collier County, Florida, finds it to be in the best interest of the citizens of Collier County, Florida, to provide voluntary binding arbitration services, pursuant to Section 44.304, Florida' Statutes, for parties who are involved in any civil disputes except for child custody, visitation, child support, or any dispute which involves the rights of a third party not a party to the arbitration. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: Amendments to Section One of Collier County Ordinance No. 87-91. Section One Of Collier County ordinance No. 87-91 is hereby · ~ amended to read as follows: ".' .. SECTION ONE. Purpose The establishment and maintenance of a County ~ family mediation o~-ee~e~a~ service in Collier · County is hereby declared to be desirable and to ,. fulfill a public need to assist parties in · resolving any ee~reversy-~flvo~v~ng-~he-~m~½y domestic relations controversies. It is further declared that the establishment and maintenaD~e of county court-ordered mediation as well as arbitration services is desirable and fulfills Public need of assistin~ parties in resolving contested civil actions and civil disPuteS Pending in the cQunty or the circuit court, as prQ_ylded bY law. Words ~/]derline~ are added; words st=u=~-~hreugh are deleted. SECTION TWO: Amendments to Section Two of Collier County ~>. Ordinance No. 87-91. Section Two of Collier County Ordinance No. 87-91 is hereby amended to read as follows: SECTION TWO. Source~ and Use~ of Funds (a) There is hereby created a fund to be known as the Collier County Family Mediation~eane~&a~on Fund. Said Fund shall be administered by the Clerk of the Circuit Court, and shall be used to provide services, as directed by the Court in accordance with Chapter 44 of the Florida Statutes, to any party in resolving p~o~}ems-~nvo~¥~ng-~he-~am~y domestic relations controversies such as marital problems, child abusu. SPouse abuse and similarly associated Problems. The Court on its own motion or on a motion of a party may refer the parties to this service. The Clerk of the Circuit Court of Collier County, Florida, pursuant to Chapter 44.101, Florida Statutes, is hereby authorized and directed to collect an additional fee of $2.00 for each and every circuit court civil proceeding fir · w~.hhin the jurisdiction of the circuit court in and for u~_ i~r county, Florida. The Clerk of the Court of Collier County. Florida. is also authorized to receive and collgct fees and charges imposed by court order, pursuant to Chag~gr 44. Florida Statutes. on Parties involved in family ~. All such additional fees and charges collected by the Clerk shall be deposited in the Collier County Family Mediation~een=&~{e~&o~ Fund established herein. The Clerk is further authorized and directed to draw warrants upon the Collier County Family Mediation~e~ne&}~a~n Fund for all expenses incurred in carrying out the Family Mediation~een~½~a~on service when directed by the Courts, upon the submission to the Clerk of requisition for same signed by the Administrative Judge of the circuit Court of Collier County, Florida. Words underlined are added; words s~ru=k-%hrou~h are deleted. 038. :3J.7 .., (b) There is hereby created a fund to be known as Collier County Court-Ordered Mediation/Arbitration Fund. Said fund shall be administered by the Clerk of the County/Circuit Court, and shall be used to provide services, as directed by the Court in accordance with Chapter 44 of the ~9~__~_~tes, to any party to assist in resolving contested civil actions and civil dis~utes. The Clerk of. the County;Circuit Court of Collier County. Florida. pursuant to Section 44.308, Florida Statutes, is hereby authorized and directed to collect an additional fee of $2.00 for each and every County Court civil proceeding filed withiB the jurisdiction of the County Court in and for :' Collier CouD.gy. Florida. The Clerk of the County/Circuit Court of Collier County. Florida. is also authorized to receive and collect fees and charges imposed by court order. pursuant to Chapter 44, Florida Statutes, on parties involved in court-ordered mediation or arbitration services. All such additional fees and charges collected by the Clerk shall be deposited in the Collier County Court-Ordered ~ion/Arbitration Fund established herein. ~e Clerk is further authorized and directed to draw warrants upon the Collier County Court-Ordered Mediation/Arbitration Fund for all expenses incurred in carrying out the County Court,Ordered Mediation as well as Arbitration services when direc~gd by the Court. upon ~ubmission to ~.hg.Clerk of a requisition for same signed the Administr~tive Judge of the Circuit Court of Collier County. Florida. 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 ~hall apply. If any phrase or portion of the ordinance is held invalid or unconstitutional by any court of competent Jurisdiction, such portf0h'Shall be deemed a separate, ' Words underlined are added; words s%=uck-%h=eu~h are deleted. -- 4 " ,oo, 0'3'8.,,::I18 distinot and indepsndant provision and such holding shall not affect the validity of the remaining portion. SECTION FOUR,: EFFECTIVE DATE. This Ordinance shall take effect upon receipt of notice from the Secretary of State that this OrdinancQ has b~en filed with thQ Secretary of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this 8th day of May , 1990. ATTeSt.-.] 4' BOARD OF COUNTY COKMISSIONERS ~AMES C. GILES, Clerk COLLIER COUNTY FLORIDA Approved al to fo~ and ~ of State's Assistant C~unty Attorney of~ Words ~ are added; words struck-through ara deleted. "~ 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. 90-S4 which ,',~,, ...pted by the Board of County Commissioners on the 8th d;~ of May, lgP0, during Regular Session. WITNESS my hand and the official seal of the Board of County Commileloners of Collier County, Florida, this 9th day of May, 1990. JAMES C. OI~ES Clerk of Courts and Clerk '. · ' Ex-officio to Board of ~ County Commissioners · , .. ~...~. /s/Maureen Kenyon Deputy Clerk