AN ORDINANCE BY THE BOARD OF COUNTY COMMISSIONERS OF PASCO COUNTY, FLORIDA, AMENDING THE PASCO COUNTY CODE OF ORDINANCES, ORDINANCE NO. 88-27, AS AMENDED; PROVIDING FOR AUTHORITY AND POWER; PROVIDING FOR PURPOSE AND INTENT; PROVIDING FOR RECITALS; PROVIDING FOR AMENDMENTS TO SECTION 34-2; ADDITIONAL COURT FILING FEES FOR THE PURPOSE OF INCREASING SAID FEES; PROVIDING FOR REPEALER; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION INTO THE CODE OF ORDINANCES; PROVIDING FOR MODIFICATION; AND PROVIDING FOR EFFECTIVE DATE.
NOW THEREFORE BE IT ORDAINED by the Board of County Commissioners of Pasco County, Florida, as follows:
Section 1. Authority and Power
Pursuant to the Constitution of the State of Florida and through Florida Statutes Chapters 125.66, 34.041, 28.2401, and 28.241, the Board of County Commissioners is vested with the authority to adopt the following amendments to the Pasco County Code of Ordinances Section 34-2. Such amendments shall be administered by the Clerk of the Circuit in and for Pasco County. This ordinance shall be effective throughout the incorporated and unincorporated areas of Pasco County.
Section 2. Purpose and Intent
It is the purpose and intent of these amendments to increase the filing fees charged by the Clerk of the Circuit Court in order for the Clerk to continue providing and maintaining facilities and support services for court operations and for Bay Area Legal Services, a Florida non-profit corporation providing legal services to the indigent of Pasco County for the continuation of said services. In support thereof the Board of County Commissioners hereby makes the following findings of fact:
A. Filing fees designated for the Clerk and court operations have not increased since their creation in 1988 by Ordinance No. 88-27; and
B. Since 1988 costs and the courts’ caseloads have increased as well as the demands for enhancing facilities and services; and
C. Bay Area Legal Services has demonstrated a need for additional funding.
Section 3. Recitals
The foregoing recitals are true and correct and are incorporated herein.
Section 4. Section 34-2 is hereby amended as follows.
(a)
(1) General Civil $ 12.00 24.00
if filed in county court
$ 29.00 if filed in circuit court
(2) Dissolution of Marriage $ 26.00 47.00
(3) Removal of Tenant $ 16.00
29.00
(4) Summary Administration $ 36.00
60.00
(5) Family Administration $ 36.00 60.00
(6)
Formal
Administration and $ 36.00 60.00
Guardianship of Property
(7)
Guardianships $ 36.00
60.00
(8)
Small
Estates $ 10.00
27.00
(9)
Caveats $ 10.00
27.00
(b) The additional charges set forth in subsection
(a) of this section shall be retained by the clerk to be utilized for providing
and maintaining facilities for the use of the courts, including court support
services, except that $5.00 $15.00 of each additional charge for
a county court filing and $20.00 for a circuit court filing shall be
disbursed by the clerk on a monthly basis to Bay Area Legal Services for the
purpose of providing legal services to indigent residents of the county.
All provisions of the Pasco County Code of Ordinances, as amended, and ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of any conflict.
Section 6. Severability
If any section, sentence, clause, or phrase of this ordinance is held invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this ordinance.
Section 7. Inclusion into Pasco County Code of Ordinances
It is the intent of the Board of County Commissioners that the provisions of this ordinance shall become and be made part of the Pasco County Code of Ordinances and that the sections of this ordinance may be renumbered or relettered.
Section 8. Modification
It is the intent of the Board of County Commissioners that the provisions of this ordinance may be modified as a result of considerations that may arise during public hearings. Such modifications shall be incorporated into the final version of the ordinance adopted by the Board and filed by the Clerk to the Board pursuant to Section 9.
Section 9. Effective Date
A certified copy of this ordinance shall be filed with the Department of State by the Clerk to the Board within ten (10) days after adoption of this ordinance, and this ordinance shall take effect upon filing with the State of Florida.
ADOPTED this _______ day of ________________________, 2002.
(S E A L)
ATTEST: BOARD OF COUNTY COMMISSIONERS
OF PASCO COUNTY, FLORIDA
__________________________________ __________________________________
APPROVED AS TO LEGAL FORM AND SUFFICIENCY
OFFICE OF THE COUNTY ATTORNEY
BY: ______________________________________________
COUNTY ATTORNEY