Ordinance 003-1978
ORDINANCE NO. 3 -1978
AN ORDINANCE LEVYING A DISCRETIONARY SURFEE FOR
SERVICE OF SUMMONS, SUBPOENAS AND EXECUTIONS BY
THE SHERIFF OF MONROE COUNTY PURSUANT TO THE
PROVISIONS OF SECTION 30.232 AND SECTION 125.0166
OF FLORIDA STATUTES; PROVIDING FOR THE AMOUNT OF
DISCRETIONARY SURFEES; PROVIDING THAT THE SHERIFF
SHALL BE ALLOWED ACTUAL EXPENSES FOR LEVYING
SAFEKEEPING AND SALE OF PROPERTY UNDER LEVY; TO
PROVIDE THAT ALL FEES COLLECTED SHALL BE NON-
REFUNDABLE AND THAT NO ADDITIONAL FEES SHALL BE
REQUIRED FOR ALIAS OR PLURIES DOCUMENTS; TO PRO-
VIDE THAT FEES COLLECTED SHALL BE PAID MONTHLY
INTO THE FINE AND FORFEITURE FUND OF MONROE
COUNTY; REPEALING MONROE COUNTY ORDINANCE NO. 1-
1978; AND TO PROVIDE AN EFFECTIVE DATE.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA:
Section 1.
Ordinance No. 1-1978 is hereby repealed in
its entirety.
Section 2.
Short Title.
This Ordinance shall be known
as and may be referred to as the Monroe County Sheriff's Surfee
Ordinance.
Section 2.1 Surfee.
Pursuant to the provisions of
Section 30.232 and Section 125.0166 of Florida Statutes and this
Ordinance, the Sheriff of Monroe County shall charge a discretion-
ary surfee for services listed in paragraphs (a), (b), (c) and (d)
of this Section in addition to the amount permitted under Section
30.231 of Florida Statutes, according to the following schedule:
(a) All summons or writs except subpoenas and
executions: $4.50 for each person or respondent to be served.
(b) All writs except executions requiring a levy or
seizure of property: $2.00 in addition to the extra $4.50 surfee
as stated in paragraph (a).
(c) Witness subpoenas: $2.00 for each witness to
be served.
(d) Execution: (1) $2.00 for docketing and indexing
each writ of execution, regardless of number of persons involved;
APPROVED ON .:;J.~ 1-" Q -
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(2) $5.00 for each levy; (3) $1.00 for advertisement of sale under
process; (4) $3.00 for sale under process; (5) $3.00 for deed or
bill of sale.
Section 2.2
Additional Expenses.
After levy the Sheriff
shall be entitled to collect the fees set forth in Section 2.1
above, notwithstanding payment of debt to plaintiff. The Sheriff
shall be allowed actual expenses for the levying, safekeeping and
sale of property under levy.
Section 2.3
Non-refundable Fees.
All fees collected
under Section 2.1 above shall be non-refundable, and no additional
fees shall be required for alias and pluries documents when service
was not effected on the original document.
Section 2.4
Payment of Fees.
All fees collected under
the provisions of this Ordinance shall be paid monthly into the
fine and forfeiture fund of Monroe County.
Section 3.
Effective Date.
A certified copy of this
Ordinance shall be filed in the office of the Department of State
by the Clerk of the Board of County Commissioners and this Ordi-
nance shall take effect upon receipt of the official acknowledg-
ment from the Office of the Secretary of State that this Ordinance
has been filed with said office.
BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA
~~~~~~
ayor an a~rman
( Seal)
Attest:
W)
/ a
/ / .4/.",.. -)
( ~--( ~ / ,,~,r ,. ,/
. Cler
February 21, 1978
ADOPTED:
I HEREBY CERTIFY that this document
has been reviewed for legal suffi-
ciency and that the same meets with
my approval.
BY~ .
Horney's Office
Page 2 of 2 Pages
tf0
5-/1
NOTICE OF INTENTION TO CONSIDER
ADOPTION OF COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on
Tuesday, February 7, 1978, at 1:00 P.M. at the Monroe County
Courthouse Annex, 500 Whitehead Street, Key West, Florida, and
Tuesday, February 21, 1978, at 1:00 P.M. at the Monroe County
Sub-Courthouse, Marathon, Monroe County, Florida, the Board of
County Commissioners of Monroe County, Florida, intends to consider
the adoption of the following County Ordinance:
ORDINANCE NO.
-1978
AN ORDINM~CE LEVYING A DISCRETIONARY SURFEE FOR
SERVICE OF SUMMONS, SUBPOENAS AND EXECUTIONS BY
THE SHERIFF OF MONROE COUNTY PURSUANT TO THE
PROVISIONS OF SECTION 30.232 AND SECTION 125.0166
OF FLORIDA STATUTES; PROVIDING FOR THE AMOUNT OF
DISCRETIONARY SURFEES; PROVIDING THAT THE SHERIFF
SHALL BE ALLOWED ACTUAL EXPENSES FOR LEVYING
SAFEKEEPING AND SALE OF PROPERTY UNDER LEVY; TO
PROVIDE TIlAT ALL FEES COLLECTED SHALL BE NON-
REFUNDABLE AND THAT NO ADDITIONAL FEES SHALL BE
REQUIRED FOR ALIAS OR PLURIES DOCUMENTS; TO PRO-
VIDE THAT FEES COLLECTED SHALL BE PAID MONTHLY
INTO THE FINE AI'lD FORFEITURE FUND OF MONROE
COUNTY; REPEALING MONROE COUNTY ORDINANCE NO. 1-
1978; AND TO PROVIDE AN EFFECTIVE DATE.
DATED at Key West, FLorida, this 10th day of January, A.D.
1978.
RALPH W. HHITE
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: Friday, January 13, 1978
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j)ttrdart! of j)tatt
STATE OF' n..CRID'"
THE CAPITOL
TALLAHASSEE 3~304
!lRUCE A. SMATHERS
February 28, 1978
MARY L. SINGLETON
Dlr.etar, Divis/on of EI<<:tlonl
9041488-7690
SE:C~r;T"'R,( 0" STATE
Honorable Ralph W. White
Clerk of Circuit Court
Monroe County
Key West, Florida 33040
Attention: Virginia Pinder, Deputy Clerk
Dear Mr. White:
Pursuant to the provisions of Section 125.66 Florida Statutes.
this Jill acknowledge:
vI. Receipt of your letter Is of
and certified copy lies of
County Ordinance Is No. 'S
February 24
Monroe
78-3
2. Receipt of an originalils and certified copy lies of
County Ordinance Is No. IS
3. Receipt of
relative to:
County Ordinances
.;::. We have filed this/these Ordinance Is in this office
February 28 , 1978.
5. We have numbered this /these Ordinance/s
and was/were filed in this office
. 1978.
6. The original/duplicate copy lies showing filing date is lare
being returned for your records.
Cordially.
~7!('1r 1::~cJt?L.u/ ,/
(Mrs. ){!)tancy Kavanau~
Chief, Bureau of Laws
NK/k
45