HomeMy WebLinkAbout1984-12INDIAN RIVER COUNTY ORDINANCE NO. 84-12
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA; PROVIDING FOR AN
ADDITIONAL FILING FEE IN ALL CIVIL ACTIONS, SUITS
OR PROCEEDINGS, INSTITUTED IN THE COUNTY OR CIRCUIT
COURT IN AND FOR INDIAN RIVER COUNTY, FLORIDA, TO BE
USED EXCLUSIVELY FOR THE PURPOSE OF PROVIDING AND
MAINTAINING FACILITIES FOR THE USE OF SAID COURTS;
PROVIDING FOR THE COLLECTION AND DISBURSEMENT OF SAID
FILING FEES; PROVIDING FOR INCORPORATION IN CODE,
SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, Florida Statutes §28.241 and Florida Statutes
534.041, authorizes the Board of County Commissioners of the
respective counties to impose additional service charges to raise
funds to provide and maintain court facilities; and
WHEREAS, additional funds are now required to meet the
current cost of providing and maintaining court facilities in
Indian River County; and
WHEREAS, the proper and expeditious administration of
justice in Indian River County requires the Board of County
Commissioners to provide adequate court facilities for use by the
general public, judges, attorneys and officers of the courts.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that:
SECTION 1
SCHEDULE OF FILING FEES
Upon the institution of any civil action, suit or pro-
ceeding in the county or circuit court 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 ordinance, there shall be
paid by 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 non -lapsing fund of Indian River County
entitled the "Court Facilities Fund" to be used exclusively by the
County in providing and maintaining court facilities;
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(a) Cases Filed in County Court:
(1) Summary Claims Division:
For all claims
less than $100.00
$3.00
Court Facilities Fee
For all claims of $100.00
and less than $1,000.00
$5.00
Court Facilities Fee
For all claims of $1,000.00
and less than $1,500.00
$10.00
Court Facilities Fee
For all other proceedings
including, but not limited
to, garnishment, attachment,
replevin and distress
$10.00
Court Facilities Fee
(2) Civil Division.
For all civil actions or
claims of $1,500.00 and
not more than $2,500.00
$12.50
Court Facilities Fee
For all civil actions or
claims of $2,500.00 and
not more than $5,000.00
$15.00
Court Facilities Fee
For all other proceedings
including, but not limited
g to, garnishment, attachment,
replevin and distress
$15.00
Court Facilities Fee
(b) Cases Filed in Circuit Court --Civil Division.
For all civil suits filed
including probate (see
exception below)
$20.00
Court Facilities Fee
Exception -- Probate matters
where administration is
unnecessary
$10.00
Court Facilities Fee
SECTION 2
INCORPORATION IN CODE
The provisions of this
ordinance shall
be incorporated
into the County Code and the word
"ordinance"
may be changed to
"section", "article", or other appropriate
word,
and the sections
of this ordinance may be renumbered
or relettered
to accomplish
such intentions.
SECTION 3
SEVERABILITY
If any section, part of
a sentence,
paragraph, phrase or
word of this ordinance is for any
reason held
to be unconstitu-
tional, inoperative or void, such
holdings,shall not affect the
remaining portions hereof and it
shall be construed to have been
the legislative intent to pass this
ordinance
without such
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unconstitutional, invalid or inoperative part.
SECTION 4
EFFECTIVE DATE
The provisions of this ordinance shall become effective
upon receipt from the Florida Secretary of State of official
acknowledgment that this ordinance has been filed with the
Department of State.
Approved and adopted by the Board of County
Commissioners of Indian River County, Florida on this 14th day of
March, 1984.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
By 3/—C o��
DON C. SCURLOCK,
Chairman
Acknowledgment by the Department of State of the State of Florida
this 20th day of April , 1984.
f
Effective Date: Acknowledgment from the Department of State
received on this 24th day of April , 1984, at 11:.00
A.M./P.M. and filed in the Office of the Clerk of the Board of
County Commissioners of Indian River County, Florida.
APPROVED 0 FORM AND
LEGAL S I
By
'er7l. BRANDENB G, County Attorney
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