PASCO COUNTY, FLORIDA

                                                  INTEROFFICE MEMORANDUM

TO:           Honorable Chairman and                    DATE:   8/20/02           FILE:  CAO 02-2513

                 Members of the Board of

County Commissioners

                                                                        SUBJECT:       Proposed Amendment to Code of

THROUGH:     Robert  D. Sumner                                           Ordinances Providing for Additional

                        County Attorney                                               Court Filing Fees

                      Introduction: 8/27/02; 9:30 a.m.-NPR

FROM:     W. Elizabeth Blair                               REFERENCES:   

                 Assistant County Attorney                                         

It is recommended that the data herein presented be given formal consideration by the Board of County Commissioners.

DESCRIPTION AND CONDITIONS:

Please find before you for your consideration and introduction a proposed amendment to the Pasco County Code of Ordinances, Section 34-2 Filing fees for civil actions, probate matters.  Florida Statutes Chapters 28 and 34 authorize local governments to impose additional filing fees by ordinance for the purposes of providing and maintaining facilities and equipment, and providing and maintaining a legal aid program.   The proposed amendment provides for an increase in filing fees to fund the Clerk of the Circuit Court in order for the Clerk to continue providing and maintaining facilities and support services for court operations.  Filing fees designated for this purpose have not been increased since their adoption in 1988.  A small increase ($5.00 per filing) was made in 1990 for the sole purpose of providing funding to Bay Area Legal Services for providing legal service to the indigent residents of Pasco County.  The Clerk is requesting the increase in filing fees because the courts’ case loads have increased as well as the demands for enhancing facilities and services.  The increase that the Clerk is requesting is 27% over the original amount adopted in 1988.   The amount proposed by the Clerk is permissible under Florida Statutes as long as all statutory fees and additional fees, adopted pursuant to local ordinance, do not collectively exceed a cap of $200.00 for all types of filings as described in subsections 28.241(1) and 34.041(1).  The fees requested by the Clerk do not exceed these caps.  

ALTERNATIVES AND ANALYSIS:

1.         Introduce the attached proposed amendment to the Filing Fees ordinance.

2.         Do not introduce the attached proposed amendment to the Filing Fees ordinance.

3.         Suggest some other course of action.

RECOMMENDATION AND FUNDING:

The County Attorney’s Office recommends that the Board of County Commissioners consider this matter and the presentation by Bay Area Legal Services also scheduled for today.  Should the Board approve alternative number 1, direct the Clerk of Court to advertise the proposed ordinance for a public hearing on September 11, 2002; 9:30 a.m. at the Pasco County Government Center, 7530 Little Road, New Port Richey, Florida.

No funding is required for this item.

WEB:ls

Attachment:                  Proposed Ordinance

cc:        Jed Pittman, Clerk of Circuit Court