Ordinance 022-1976
ORDINANCE NO. 22 -1976
AN ORDINANCE RELATING TO CIVIL LEGAL ASSISTANCE
FOR THE INDIGENT IN MONROE COUNTY; INCREASING
THE FILING FEE IN CIVIL ACTIONS FILED IN THE COURTS
OF MONROE COUNTY AND REQUIRING THAT SUCH INCREASE
BE USED FOR THE PURPOSE OF PROVIDING FOR AND FUND-
ING A FACILITY TO FURNISH LEGAL ASSISTANCE TO INDI-
GENT PERSONS; PROVIDING FOR ADDITIONAL APPROPRIA-
TIONS FOR SUCH PURPOSE; DECLARING SAID EXPENDITURES
A COUNTY PURPOSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, Section 125.01, Florida Statutes, provid~that
Boards of County Commissioners may provide for the poor and indigent
people of the County; and
WHEREAS, it is found and determined to be necessary and
proper that the poor and indigent people of Monroe County receive
competent legal advice; and
WHEREAS, Sections 34.041 and 28.241, Florida Statutes pro-
vides that authorities may impose excess charges for the filing
of civil actions in both circuit and county courts for the purpose
of providing and maintaining a legal aid program; and
WHEREAS, the proper and expeditious administration of
justice in the Courts of Monroe County makes it necessary and de-
sirab1e that legal counsel be made available to litigants notwith-
standing the inability of some to pay for such service; and
WHEREAS, the establishment of a legal aid fund will be
of benefit to the people of said County, will aid in expediting
matters before its Courts and is deemed a public need; and
WHEREAS, the fee collected pursuant hereto shall be expended
only for the purpose of equipping, furnishing and maintaining a
Legal Aid Society, now, therefore,
BE IT ORDAINED BY THE BOARD OF COUNTY COM}1ISSIONERS OF
MONROE COUNTY, FLORIDA:
Section 1.
The Board of County Commissioners of Monroe
County finds, determines and declares that the establishment of a
funded legal aid program to provide civil legal services to indi-
gent persons in Monroe County is a necessary facility for the
proper administration of justice in civil actions in the Courts of
Monroe County.
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Section 2. In addition to all other amounts provided by
law there shall be a filing fee of $5.50 in any civil action filed
in the Circuit Court of Monroe County and $3.00 in the County Court
of Monroe County.
Section 3. All funds which shall be received by the Clerk
of said Courts pursuant to Section 2 hereof shall be paid by said
Clerk of the Board of County Commissioners within ten (10) days after
the end of each calendar month, to be administered in a fund to be
known as the Legal Aid Fund and used exclusively for the purpose of
establishing, furnishing and maintaining a program making civil legal
services available to the indigent and needy general public in
Monroe County.
Section 4. All monies raised and appropriated pursuant to
this ordinance shall be budgeted and expended by the Board of County
Commissioners of Monroe County, Florida, by payments made to, or on
behalf of, a non-profit Florida corporation to be created and
established for such purposes. The budgeting and expenditure of
said funds is declared to be a proper public and County purpose in
and for Monroe County.
Section 5. The Board of County Commissioners of Monroe
County is authorized to appropriate such additional funds as it may
deem necessary from other available sources for the purpose of
establishing and maintaining the legal aid program referred to in
this ordinance.
Section 6. The legal assistance to be funded and pro-
vided pursuant to this ordinance shall include, but not be limited
to, consultations, advice, litigation and representation before
courts in civil matters, and before Federal, State and Local ad-
ministrative agencies.
Section 7. If any clause, section, or other part of this
ordinance shall be held by any court of competent jurisdiction to
be unconstitutional or invalid, such unconstitutional or invalid
part shall be considered as eliminated and in no way affecting the
validity of the other provisions of this ordinance.
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Section 8. All special laws applying to and within
Monroe County, general laws applying only to Monroe County, any
general law which the Board of County Commissioners is specifically
authorized by Article VIII of the 1968 Florida Constitution to
supersede, nullify, or amend, or any part of such ordinances, re-
solutions or laws, in conflict with any provision of this ordinance,
are hereby repealed.
Section 9. This ordinance shall take effect October 1,
1976.
NOTICE OF INTENTION TO CONSIDER
ADOPTION OF COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on
Tuesday, September 14, 1976, at 8:00 P.M. at the Monroe County
Courthouse Annex, 500 Whitehead Street, Key West, Monroe County,
Florida, the Board of County Commissioners of Monroe County,
Florida, intends to consider the adoption of the following County
Ordinance:
ORDINANCE NO.
-1976
AN ORDINANCE RELATING TO CIVIL LEGAL ASSISTANCE
FOR THE INDIGENT IN MONROE COUNTY; INCREASING
THE FILING FEE IN CIVIL ACTIONS FILED IN THE COURTS
OF MONROE COUNTY AND REQUIRING THAT SUCH INCREASE
BE USED FOR THE PURPOSE OF PROVIDING FOR AND FUND-
ING A FACILITY TO FURNISH LEGAL ASSISTANCE TO INDI-
GENT PERSONS; PROVIDING FOR ADDITIONAL APPROPRIA-
TIONS FOR SUCH PURPOSE; DECLARING SAID EXPENDITURES
A COUNTY PURPOSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
DATED at Key West, Florida, this 10th day of August, A.D.
1976.
RALPH W. WHITE
Clerk of the Circuit Court
of Monroe County, Florida, and
ex officio Clerk of the Board
of County Commissioners of
Monroe County, Florida.
(SEAL)
Publish:
August 13, 1976
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BRUCE A. &MATHERS
SECRETARY OF STATE
September 20, 1976
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Honorable Ralph W. White
Clerk of Circuit Court
Monroe County Courthouse
Key West, Florida 33040
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Attention: Virginia Pinder, Deputy Clerk •
Dear Mr. White:
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Pursuant to the provisions of Section 125. 66, Florida
Statutes, this will acknowledge your letter of September 16
and certified copies of Monroe County Ordinances Nos. 76-21
• and 76-22, which were received and filed in this office on
September 20, 1976.
Kindest regards.
Cordially,
BRUCE A. SMA THER S
Secretary of State
Alatja,ke
. By '
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(Mrs. ) Nancy Kavanaugh
Chief, Bureau of Laws
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