Ordinance 010-1988
Monroe County Commission
ORDINANCE NO. 010 -1988
AN ORDINANCE OF MONROE COUNTY, FLORIDA,
AMENDING CHAPTER 6 OF THE MONROE COUNTY CODE
BY ADDING ARTICLE X TO BE ENTITLED "CIRCUIT
AND COUNTY COURT FACILITY FEE CHARGE;"
PROVIDING FOR SEVERABILITY; PROVIDING FOR
INCLUSION IN THE MONROE COUNTY CODE;
PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Section 34.041, Section 28.2401 and Section 28.241,
Florida Statutes, provide that additional service charges may be
imposed by the governing authority of the county by ordinance in
cases filed in both the circuit and county courts, and that such
additional fee shall be expended as provided by such ordinance to
provide and maintain facilities for the use of the courts of the
county wherein the service charges are collected; and
WHEREAS, additional funds are required to meet the current
costs of providing and maintaining existing and future court
facilities; now, therefore,
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA, as follows:
Section 1. Chapter 6 of the Monroe County Code is hereby
amended by adding Article X to read as follows:
"Article X - Circuit and County Court Facility Fee Charge.
Upon the institution of any civil action, suit or pro-
ceeding, including probate, guardianship and trust pro-
ceedings in the County or Circuit Court in and for Monroe
County, Florida, in addition to any service charge, filing
fee or cost otherwise provided by ordinance, general or
specific law in effect on the effective date of this
ordinance, the party or parties filing or instituting such
action, suit or proceeding shall pay the following sum
hereinafter identified as "court facility fee", the whole
of which shall be deposited by the Clerk of the Court into
the appropriate fund of the County to be used exclusively
in providing and maintaining existing and future facilities
for the use of the Circuit and County Court System.
Garnishment, Attachment,
and Distress
Additional
Filing Fee
$ 2 Court Facility Fee
$ 4 Court Facility Fee
$ 6 Court Facility Fee
$ 8 Court Facility Fee
$ 8 Court Facility Fee
$ 8 Court Facility Fee
A. Cases filed in County Court
For all Claims less than $100
For all Claims of $100 but
less than $1,000
For all Claims of $1,000 but
less than $1,500
For all Claims of $1,500 but
less than $5,000
Removal of Tenant
B. Cases filed in Circuit Court
Civil Division:
For all Civil Actions, Suits
or Proceedings
$15 Court Facility Fee
Probate Division:
For all cases involving Summary
Administration of a Probate
Estate (Involving Assets of
Less than $25,000)
$ 5 Court Facility Fee
For all cases involving Family
Administration of a Probate
Estate (Involving Assets of
More than $10,000 but less
than $60,000)
$10 Court Facility Fee
For all cases involving Formal
or Ancillary Administration of
a Probate Estate or Guardian-
ship or Trust (Involving an
Inventory of Assets of $60,000
or more but less than $100,000)
$15 Court Facility Fee
For all cases involving Formal
or Ancillary Administration of
Guardianship or Trust (Involv-
ing an Inventory of Assets of
$100,000 or more)
$20 Court Facility Fee"
Section 2.
This ordinance shall be applicable throughout
Monroe County's jurisdiction.
Section 3.
If any section, subsection, sentence, clause or
provision of this ordinance is held invalid, the remainder of
this ordinance shall not be affected by such invalidity.
Section 4. The provisions of this ordinance shall be included
and incorporated into the Monroe County Code, as an addition or
amendment thereto, and shall be appropriately numbered to conform
to the uniform numbering system of the Code.
2
Section 5. All ordinances or parts of ordinances in conflict
with this ordinance are hereby repealed to the extent of any such
conflict.
Section 6. This ordinance shall take effect immediately upon
receipt of official notice from the Office of the Secretary of
State of the State of Florida that this ordinance has been filed
with said office.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the /qt-A
day of ~"l.a.a..~
, 1988.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By,g~,.t-
C/ MA: IRMA1r
(SEAL)
ATTESTb
ANNY L. KOLRAGE, ~lerk
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LERK
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BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 743-9036
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305)294-4641
January 27, 1988
;' . to "
BRANCH OFFICE
P.O. BOX 379
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-9253
~ ;:
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
~, \
Mrs. Liz Cloud, Chief
Bureau of Administrative Code and Laws
Department of State
The Capitol
Tallahassee, Florida 32301
Dear Mrs. Cloud:
Enclosed please find a
No. OIO-1988 amending Chapter 6
adding Article X to be entitled
Facility Fee Charge;" etc.
This Ordinance was adopted by the Monroe Coun~y
Board of County Commissioners at a Regular Meeting in formal
session on January 19, 1988.
certified copy of Ordirance
of the Monroe County Cpde by
"Circuit and County Co~rt
Please file for record.
Very truly yours,
.~.: '
Danny L. Kolhage
Clerk of the Circuit Court and
ex officio Clerk to the Board
of County Commissioners
",l
cc: Municipal Code Corporation
Mayor E. Lytton
Commissioner w. Freeman
Commissioner J. Hernandez
Commissioner M. Puto
Commissioner J. Stormont
County Attorney L. Proby
County Administrator T. Brown
June Gwynn
~ng (? SC)3 O~5 1'1~
m ID SENDER: Complete items 1,2,3 and 4.
•
on Put your address in the"RETURN TO"space on the
reverse side.Failure to do this will prevent this card from
being returned to you.The return receipt fee will provide
you.the name of the person delivered to and the date of P-5 9 3 0 8 5 19 8
." delivery. For additional fees the following services are
c available.Consult postmaster for fees and check boxes) RECEIPT FOR CERTIFIED MAIL
.Z for service(s)requested. NO INSURANCE COVERAGE PROVIDED
NOT FOR INTERNATIONAL MAIL
E 1. 0 Show to whom,date and address of delivery. (See Reverse)
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2. 0 Restricted Delivery. to Sent to
$ Mrs. Liz Cloud, Chief
co re
3. Article Addressed to: in tri Street and No.
Dept of State, The Capitol
Mrs. Liz Cloud, Chief ;v`z •
c�0 P.Q State and ZIP Code
Bureau of Admire Code and`Laws Tallahassee, FL 32301
Department of State vi Posta e s
The capitol ? g 3Q
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.Tallahassee, FL 32301 Certified Fee
4. Typelof Service: Article Number . 5
❑ Registered ❑ Insured Special Delivery Fee •
(Certified 0 COD P 593 085 198
❑ Express Mail -- Rest^icted Delivery Fee
Always obtain signature of addressee or agent and" Return Recei."dsf winq ;\
DATE DELIVERED. n eo to whom an.Zat eliveTed> �.\ 70 a
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FLORIDA DEPARTMENT OF STATE
Jim Smith
s", wtdf\ 01 Stdte
Dorothy W. Joyce
Division Director
February 1, 1988
Honorable Danny Kolhage
Clerk of Circuit Court
Monroe County Courthouse
500 Whitehead Street
Key West, Florida 33040
Attention: Rosalie L. Connally, Deputy Clerk
Dear Mr. Kolhage:
Pursuant to the provisions of Section 125.66, Florida
Statutes, this will acknowledge:
1.
2 .
Receipt of letterjs of
and certified copyjies of Monroe
County Ordinance(s) Emergency Ords. 88-6. 88-7. 88-8
and regular Ords. 88-tO, 88-10A, 88-11, and 88-12
Receipt of County Ordinance(s)
relative to:
January 27, 1988
( a )
which we have numbered
( b )
which we have numbered
3.
We have filed ~~/these ordinances in
January 29,
this office
on
1988 .
4. The original/duplicate copy/ies showing the filing date
is/are being returned for your records.
~~.r_elY .~
~'6~, Chief
Bureau of Administrative Code
Lei
mb
DIVisION or: ELECTIONs, Room 180 I; The Capitol, Tallahassee, Florida 32301
~q04j 488:7690
ACKNOWLEDGMENT
DATE:
February 8, 1988
TO:
Monroe County, Florida
(Supplement No. 33)
We are in receipt of the following material which will be con-
sidered for inclusion in the next Supplement to your Code:
Ordinance Nos.
006-1988, 007-1988, 008-1988
010-1988, 010A-1988
Thank you for your assistance and cooperation.
PI
ti..k.L f Id~
Robert L. Lulie
Vice President. Supplements
Municipal Code Corporation