§ 46-3. Family mediation service.

(a)

Purpose. The establishment and maintenance of a county family mediation service in the county is hereby declared to be desirable and to fulfill a public need to assist parties in resolving any domestic relations controversies. It is further declared that the establishment and maintenance of circuit and county court-ordered mediation as well as arbitration services is desirable and fulfills the public need of assisting parties in resolving contested civil actions and civil disputes pending in the county or the circuit courts, as provided by law.

(b)

Sources and uses of funds.

(1)

There is hereby created an account to be known as the county family mediation account. Said account shall be administered by the clerk of the circuit court and shall be used to provide services, as directed by the court in accordance with F.S. ch. 44, to any party in resolving domestic relations controversies and other family matters such as marital problems, child abuse, spouse abuse and similarly associated problems, property division, custody, child support, visitation and other parental responsibility issues. The court on its own motion or on motion of a party may refer the parties to this service.

The clerk of the circuit court, pursuant to F.S. §§ 44.1011, 44.102 and 44.108, is hereby authorized and directed to collect an additional service charge of $45.00 on any petition for a modification of a final judgment of dissolution filed within the jurisdiction of the courts of the county. Said additional service charge shall be deposited in the family mediation account to be used to fund family mediation services under the supervision of the chief judge of the circuit.

(2)

There is hereby created an account to be known as the county court-ordered mediation/arbitration account. Said account shall be administered by the clerk of the county/circuit court, and shall be used to provide services, as directed by the court in accordance with F.S. ch. 44, to any party to assist in resolving contested civil actions and civil disputes.

The clerk of the county/circuit court, pursuant to F.S. § 44.108, is hereby authorized and directed to collect an additional service charge of $5.00 for each and every circuit court civil proceeding, and an additional service charge of $5.00 for each and every county court civil proceeding filed within the jurisdiction of the circuit and county courts in and for the county. Said additional service charges shall be deposited in the court-ordered mediation/arbitration account to be used to fund circuit and county court civil mediation and arbitration under the supervision of the chief judge of the circuit.

(3)

The Collier County Clerk of Courts, pursuant to F.S. § 44.108(4), is hereby authorized and directed to forward $1.00 of each service charge collected pursuant to subsections (1) and (2) of this subsection to the office of the state courts administrator for that office to deposit the funds in a state mediation arbitration trust fund to be used by the state supreme court to carry out its responsibilities as set forth in F.S. § 44.106.

(Ord. No. 91-76, §§ 1, 2)

State law reference

Family mediation services, F.S. § 44.102(2)(b); court support and service charges to support family mediation services, F.S. § 44.108.

Cross reference

Social services, ch. 114.