HomeMy WebLinkAbout02-026ORDINANCE NO. 02-26
AN ORDINANCE AMENDIN6 SEc'I£ON 1-7-2 (CIRCUIT
COURT - CIVIL DIVISION SERVICE CHARGES): OF
ARTICLE I (TN GENERAL) OF CHAPTER 1-7 (COURTS) OF
THE ST. LUCIE COUNTY CODE OF ORDINANCES; TO
INCREASE COURT FACILTTY CHARGES BY $25.00 A5
DESCRIBED HEREIN; FURTHER PROVIDING FOR
CONFLICTING PROVISIONS; PROVTDING FOR
SEVERABIL/TY AND APPLTCABII. IT~Y: PROVIDING FOR
FILING WITH THE DEPARTMENT OF STATE; PROVIDING
FOR AN EFFEC~-~VE DATE; PROVIDING FOR ADOPTION;
AND PROVIDING FOR CODIFICATION.
WHEREAS, the Board of County Commissioners of St. Luci¢ County, Florida, has made
the following determinations:
Z. Section 28.241, Florida Statutes, authorizes the Board to fix service charges
in excess of those charges fixed in Florida Statutes and to expend such excess funds in
providing and mointoinin9 facilities.
2. The current charge for providing and maintaining court facilities was
established by Ordinance No. 85-09 at twenty {$20) dollars.
3. The current court facility charge is not providing all the funds necessary for
providing and maintaining court facilities.
4. This 8oard has determined that it is necessary and in the best interest of the
citizens of St. Lucia County, Florida, to amend Section 1-7-2 of Article T of Chapter 1-7 of
the St. Lucia County Code of Ordinances to increase the filing fees by $25.00.
Chapter 1-7
COURTS
ARTICLE I. IN GENERAL
PART A.
AMENDMENT OF SECTION 1-7-2.
DIVISION SERVICE CHARGES.
CIRCUIT COURT-DIVISIL
Section 1-7-2 (Circuit Court - Civil Division Service Charges) is hereby amended to
read as follows:
passages are deleted. Underlined passages are added.
Section 1-7-2. Circuit Court - Civil Division Service Charges.
The party instituting any civil action, suit or proceeding in the circuit court shall pay
to the clerk of the court service charges as follows:
(a) For filing all civil actions (over five thousand dollars ($5,000.00):
*Clerk's service charge
Legal Aid
Law Library
5tare civil action fees
Court facility charge
5tare court education trust fund
Mediation-arbitration charge
Total
40.00
lO.OO
30.00
8.aa
45.00
z.5o
5.00
14o.5o
*This service charge is for up to and including five (5) defendants. If there
are more than five (5) defendants, there is an additional charge of two dollars ($2.00) for
each additional defendant.
(b)
Additional charge for proceeding of garnishment,
attachment, replevin, and distress
$ 35.00
(c) Additional charge to be paid by the party
seeking each severance that is granted
$ 10.00
(d) For filing petition for dissolution of marriage or
annulment:
Clerk's service charge
Legal aid
Law library
5tare civil action fees
Court facility charge
HR5 fee
State court education trust fund
Mediation-Arbitration charge
Filing of Final .Tudgment of Dissolution of
Marriage service charge
Displaced Homemaker Trust Fund
Total
40.00
lo.oo
30.00
8.oo
45.00
5.00
z.5o
5.00
$
$
$
7.00
5.00
157.50
Struck thr;u~h pc~sages are deleted. Underlined p~ssages are added.
(e)
For filing petition for modification of a
final judgment of dissolution of marriage:
Mediation-Arbitration charge
Legal Aid
Total
$
$
$
45.00
10.00
55.00
(f)
For filing notice of appeal:
Service charge to district court of
appeal and state supreme court
b. Service charge to clerk of the
circuit court
250.00
$ 75.00
Certified copy of notice of appeal
for district court
$ 2.00
PART B. CONFI TCT~N~ PI~OV]:$TON$.
Special acts of the Florida legislature applicable only to unincorporated areas of St.
Lucia County, and adopted prior to January 1, 1969, County ordinances and County resolutions,
or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to
the extent of such conflict.
PART C. SEVERABIL_TTY AND APPITCABTI_~I~Y.
If any portion of this ordinance is for any reason held or declared to be
unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of
this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to
any person, property, or circumstance, such holding shall not affect its applicability to any
other person, property, or circumstance.
PART D. FTL~N~ WTTH THE DEPARTMENT OF STATE.
The Clerk is hereby directed forthwith to send a certified copy of this ordinance to
the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahossee,
Florida 32304.
............. ~,, passages are deleted. Underlined passages are added.
PART E. EFFECT'J:VE bATE.
This ordinance shall take effect on October l, 2002.
PART F. ADOPTZON.
After motion and second, the vote on this ordinance was as follows:
Chairman Doug Coward AYE
Vice Chairman Cliff Barnes AYE
Commissioner Fronnie Hutchinson AYE
Commissioner Paula A. Lewis AYE
Commissioner ,Tohn D. Bruhn AYE
PART. 6. CODI'FICA'I-ZON.
Provisions of this ordinance shall be incorporated in the Code of Ordinances of St.
Lucia County, Florida, and the word "ordinance" may be changed to "section", "article", or
other appropriate word, and the sections of this ordinance may be renumbered or relettered
to accomplish such intention; provided, however, that parts B through G shall not be codified.
PASSED AND DULY ENACTED this /~/r~day of ~ 2002.
BOARD OF COUNTY COMMT.55T. ONER5
ST. LUCZE COUNTY, FLORTDA
BY:
............. u" passages ar'e deleted. Underlined passages are added.