PASCO COUNTY, FLORIDA
INTEROFFICE MEMORANDUM
TO: Honorable Chairman and DATE: 9/06/02 FILE: CAO 02-2526
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
Public Hearing: 9/17/02; 9:30 a.m.- DC
FROM: W. Elizabeth Blair REFERENCES:
Assistant County Attorney Introduction: 8/27/02; 9:30 a.m.; NPR
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 adoption 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: 1) the Clerk of the Circuit Court in order for the Clerk to continue providing and maintaining facilities and support services for court operations; and 2) Bay Area Legal Services for continuing to provide legal service to the indigent residents of Pasco County. Filing fees designated for the Clerk of the Circuit Court have not been increased since their adoption in 1988. 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. A small increase ($5.00 per filing) was made in 1990 for the sole purpose of providing funding to Bay Area Legal Services. Both the West Pasco and the Pasco Bar Associations support an increase in fees from $5.00 to $15.00 for filings in county court and to $20.00 for filings in circuit court to fund Bay Area Legal Services. Such increases in filing fees are permissible under Florida Statutes as long as all statutory fees and additional fees, adopted pursuant to local ordinance, for the types of filings as described in subsections 28.241(1) and 34.041(1), Florida Statutes, do not collectively exceed a cap of $200.00. The filing fees increases that are proposed here do not exceed these caps.
The Clerk’s Office has requested that the proposed effective date be set for November 4, 2002 so that additional time may be had in which to notify members of the Bar so as to avoid potential filing confusions. Bay Area Legal Services desires for the proposed fee increases to take place as soon as possible so as to curtail funding deficiencies that it is currently experiencing. The County Attorney’s Office request that this Board consider these issues and determine an effective date 1) upon filing with the State or, 2) November 4, 2002.
ALTERNATIVES AND ANALYSIS:
1. Adopt the attached proposed amendment to the Filing Fees ordinance.
2. Do not adopt the attached proposed amendment to the Filing Fees ordinance.
3. Direct staff to some other course of action.
RECOMMENDATION AND FUNDING:
The County Attorney’s Office recommends that the Board of County Commissioners accept public comment, adopt the attached proposed amendment to the Code of Ordinances providing for additional court filing fees by a role call vote, authorize the Chairman’s signature on same, direct Board Records to file a certified copy of the ordinance and the coding form with the Department of State within ten (10) days after enactment, retain one (1) original, and send one (1) certified copy to the County Attorney, New Port Richey.
No funding is required for this item.
WEB:ls
Attachment: Proposed Ordinance Providing for Additional Court Filing Fees
cc: Jed Pittman, Clerk of Circuit Court