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Home My WebLink About1991-52FLORIDA,..'. ADDING A NEW , CHAPTER. �.:303' COURTS.,: •. . WHEREAS,Indian.. River.'County is in the process of enacting a . new code of Ordinances; an --WHEREAS-,-this orclinan has for i st purpose -the editoriai-transfer of the regulations governing courts -from -the old code-taAhe new code, ' nd-including a funding- mechanism -for- family mediation- and--coneiliation, service; NOW, THEREFORE, BE IT ORDAINED -EY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN -RIVER .COUNTY, that: SECTION 1. NEW CHAPTER. A new Chapter 303 Courts, as forth in Attachment"A" to. this . ordinance is hereby adopted. SECTION 2. .REPEAL; Those portions of the Indian River County Code (1974) superseded or in conflict with the provision herein 'adopted, in particular Chapter 6, are hereby repealed. SECTION 3. .SEVERABILITY. If any section, or any sentence, paragraph, phrase, or word of this ordinance. is for any. reason field to be unconstitutional, inoperative, or 'void, such holding shall not affect the remauung' portions of this."ordinance, and it shall be construed to have been the legislative intent 'to pass a ordinance, without such unconstitutional, invalid orinope ve par . SECTION`4. `EFFECTIVE -DACE. - is ordinanceshall-become-df-ect ve-tpon�eeoming-4aw. "^proved -and adopted_by-lhe�Board-� ot--County.Commissioners of Indian_Ri-vPr -Florida, on this "17 day, of December 1991. This ordinance :was advertised -in the Vero Beach Press -Journal on the 23 ;day, of .November , 1991 for a public hearing to be held on the 17- .day of;' December 1991, at which time it was moved.for adoption- by Commissioner Sc u r 1 o c k seconded by ' Commissioner "Eggert -and adopted by the following vote:, . SmeadSoft Reprint Date: Thursday, August 29, 2013 - 16;14:29 - Offida[Dmuments:650, Attachment Id 0, Page 1 Chairmair-Richard N. Bird Rye Vice Chairman Gary C. Wheeler Commissioner Margaret C. Bowman 1�7-- Commissioner Don C. Scurlock, Jr. Commissioner Carolyn K. Eggert BOARD OF COUNTY COMMISSION INDIAN RIVER COUNTY, FLORIDA By Chairman Attest B}le e J Clerks Acknowledgement—by—the—Department -af--State of .the .. Me t cf� Flgrida, this 23rd day of December 1991. Effective date: Acknowledgement from the Department of state received on this26 h day of r cPmr P, 1991, at i i ,nn a In " and`-filed in omm the Office of the Clerk of the Board of County Cissioners of Indian River County, Florida. SmeadSoft Reprint Date: Thursday, August 29, 2013 - 16:14:29 - OfficialDmuments:650, Attachment Id 0, Page 2 ! .. CHAPTER 303. COURTS Part I General Sec. 303.01 - 303.04 Part II Family Mediation and Conciliation Services Sec. 302.21 - 303.24 Part III Drug Abuse Trust Fund Sec. 303.25 - 303.28 PART I- GENERAL Section 303.01 Deposit of moneys paid into court registry - Authorized The Clerk of the Circuit Court in Indian River is authorized, without court order, to deposit any or all moneys paid into the registry of the court in interest-bearing time deposits in any depository designated as provided by Chapter 43, Florida Statutes. All interest that accrues from registry of court moneys while on time deposit shall be deemed income of the office of the clerk of the circuit court and shall be deposited in the same account as are other fees and commissions of the clerk's office. (Sp.Acts, Ch 70-736) Section 303.02 Prior deposits validated The legality of all deposits of registry of courts moneys in interest-bearing time deposits heretofore made by the clerk of the circuit court is hereby ratified and confirmed. All interest accrued form such time deposits of registry of clerk of the circuit court. All deposits of such interest heretofore made in the same account used for the deposit of other fees and commissions of the clerk's office are hereby ratified and confirmed. Section 303.03 Assessment of court costs and civil penalties 1. All Courts in Indian River County shall assess court costs in accordance with Section 943.25, Florida Statutes. 2. All civil penalties received by a County Court pursuant to Chapter 318, Florida Statutes shall be distributed pursuant to Section 318.21, Florida Statutes. Section 303.04 Additional filing fee for civil actions, suits or proceedings Upon the institution of any civilly action, suit or proceeding in the county or circuit in and for Indian River County, Florida, in addition to any service charge, filing fee or costs otherwise provided by ordinance, general or special law in effect on the effective date of this section , there shall be paid to the party or parties filing or instituting such action, suit or proceeding, the following sum, hereinafter identified as "court facilities fee," the whole of which shall be paid by the clerk of the court into a nonlapsing fund of Indian River County 1 SmeadSoft Reprint Date: Thursday, August 29, 2013 - 16:14:29 - OfficialDocuments:650, Attachment Id 0, Page 3 entitled the "court facilities fund" to be used exclusively by the court in providing and maintaining court facilities: 1. Court facilities fee for cases filed in county court: a. Summary claims division: For all claims less than $100.00 ........... $ 3.00 For all claims of $100 and less than $1,000 .............................. 5.00 For all claims of $1,000 and less than $1,500 .............................. 10.00 For all other proceedings including but not limited to garnishment, attachment replevin and distress ......... 10.00 b. Civil Division For all civil actions or claims of $1,500 and not more than $2,500 .......... 12.50 For all civil actions or claims of $2,500 and not more than $5,000 .......... 15.00 For all other proceedings including, but not limited to, garnishment, attachment, replevin and distress ........ 15.00 2. Court facilities fee for cases filed in circuit court - Civil division: For all civil suit filed, including probate (see exception below) ........... 20.00 Exception - Probate matters where administration is unnecessary ........... 10.00 PART II FAMILY MEDIATION AND CONCILIATION SERVICE Section 303.21 Establishment The board of county commissioners of Indian River County, Florida, hereby establishes, pursuant to the provisions of Florida Statutes Sec. 44.101, and Indian River County family mediation and conciliation service. Section 303.22 Purpose The purpose of the Indian River County family mediation and conciliation service is to assist parties in resolving controversies involving the family, as authorized by Sec. 44.101, Florida Statutes. Rartinn AM. 9.1 Adminictratinn The Indian River County family mediation and conciliation service shall be administered as provided by order of the chief judge of the 19th Judicial Circuit. SmeadSoft Reprint Date: Thursday, August 29, 2013 - 16:14:30 - OfficialDocuments:650, Attachment Id 0, Page 4 Section 303.24 Fundin 1. The board of county commissioners of Indian River County, Florida, shall not be responsible for the cost of providing such service, unless subsequently appropriated in the county budget by the board of county commissioners. 2. The clerk of the court is hereby authorized and enjoined to collect a service charge of five dollars ($5.00) on any circuit court proceeding commenced in the Nineteenth Judicial Circuit. 3. All funds derived form the imposition of the said service charge shall be deposited in the mediation -arbitration account fund under the supervision of the chief judge of the Nineteenth Judicial Circuit. One dollar ($1.00) of each charge collected shall be forwarded to the Office of the State Courts Administrator and the remainder utilized to fund mediation and arbitration programs. 4. The clerk of the court is hereby authorized and enjoined to collect a service charge of five dollars ($5.00) on any county court proceeding commenced in the Nineteenth Judicial Circuit. 5. All funds derived from the imposition of the service charge set forth in #4 above shall be deposited in the mediation -arbitration account fund under the supervision of the chief judge in the Nineteenth Judicial Circuit. One dollar ($1.00) of each charge collected shall be forwarded to the Office of the State Courts Administrator and the remainder utilized to fund county civil mediation services. 6. The clerk of the circuit is hereby authorized and enjoined to collect a service charge of forty-five dollars ($45.00) on any petition for the modification of a final judgement of dissolution filed in he Nineteenth Judicial Circuit. 7. All funds derived from the imposition of the service charge set forth in section 5 above shall be deposited in the family mediation account fund under the supervision of the chief judge in the Nineteenth Judicial Circuit. One dollar ($1.00) of each charge collected shall be forwarded to the Office of the State Court Administrator and the remainder utilized to fund family mediation „-- services. PART III DRUG ABUSE TRUST FUND Section 303.25 Authority for enactment of article This article is enacted pursuant to the authority vested in the board of county commissioners by virtue of Chapter 125, Florida Statutes, and sections 893.13 and 893.165, Florida Statutes. SmeadSoft Reprint Date: Thursday, August 29, 2013 - 16:14:30 - OfficialDocuments:650, Attachment Id 0, Page 5 Q Section 303. 26 Definitions For the -purpose of -C11Isaz't[tiic, —clic following terms have only tf1Se meanings ascribed to them: County shall mean the incorporated and unincorporated areas of Indian River County—,F1$rid . Defendant shall mean a person charged with a criminal action pursuant to Chapter 893, Florida Statutes. Section 303.27 Creation and accounting 1. Pursuant to section 893.13, Florida Statutes, when any defendant, on or after the effective date of this article, is found guilty of, or pleads nolo contendere to, a violation of any provision of Chapter 893, Florida Statutes, that is punishable as a criminal offense, in addition to any fine or other penalty provided by law may be assessed an amount up to the amount of the fine authorized for the violation. Such additional assessment shall be used for drug abuse programs as provided by general law and this article. Pursuant to such section, the court is authorized to order a defendant to pay such assessment it finds the that ctefendant has the abiiiy to pay the fine and the additional assessment, and the endant will not be prevented from being rehabilitated or from making rest- itution. ", Once - assessed; the c-lerli will -deep --a- record -of assessments -and those assessments shall be collected by the clerk of the court. The clerk shall forward all moneys collected to the board of county commissioners for deposit into a special and separate fund titled the "drug abuse trust fund." Once each month, the board of county commissioners _shall require a full -report from the clerk as to the amount of assessments imposed by its courts and the amount of funds collected and deposited into the druga use trust fund. Section 303.28 Expenditures; purpose Moneys deposited into the drug abuse trust fund shall be used to financially assist drug abuse treatment and education programs. in order to receive assistance grants from the drug abuse trust fund, county drug abuse treatment . or education programs shall be selected as program recipients on the basis of selection procedures which shall be developedby-the-county-administrator-or his-or-her-designee.—Such ,nrnrarinrac shall ine.hidP as a basis for selection the success of the program. Final approval shall be made by the board of county com- missioners upon recommendation by the county administrator or the designee, and selections shall be made annually. SmeadSoft Reprint Date: Thursday, August 29, 2013 - 16:14:30 - OfficialDmuments:650, Attachment Id 0, Page 6