Florida Senate - 2009                             CS for SB 1718
       
       
       
       By the Committee on Criminal and Civil Justice Appropriations;
       and Senator Crist
       
       
       
       604-04037-09                                          20091718c1
    1                        A bill to be entitled                      
    2         An act relating to the state courts system; amending
    3         s. 27.562, F.S.; revising the distribution of fees
    4         collected from persons who receive certain assistance
    5         from a public defender’s office; amending s. 28.2401,
    6         F.S.; increasing service charges imposed by the clerk
    7         of court in certain matters based on the value of the
    8         estate; providing for the deposit of revenues
    9         generated from the increased service charges into the
   10         State Courts Revenue Trust Fund; amending s. 28.241,
   11         F.S.; providing for a portion of circuit court filing
   12         fees to be deposited in the State Courts Revenue Trust
   13         Fund; eliminating a requirement for the clerk of court
   14         to remit a portion of excess filing fees to the
   15         Department of Revenue; providing for the payment of
   16         graduated filing fees in designated types of cases;
   17         prescribing graduated filing fees based on the value
   18         of the claim; providing a manner for valuing certain
   19         claims; requiring a fee for filing a pleding for
   20         relief by counterpetition; providing for the payment
   21         of graduated filing fees for certain pleadings for
   22         relief by cross-claim, counterclaim, counterpetition,
   23         or third-party complaint; prescribing graduated filing
   24         fees based on the value of the pleading; providing for
   25         remittance of fees by the clerk of court; amending s.
   26         34.041, F.S.; reducing the county court filing fee for
   27         an action to remove a tenant; requiring a fee for
   28         filing a pleading for relief by counterpetition in
   29         county court; amending s. 318.15, F.S.; imposing a
   30         processing fee by the clerk of court on persons who
   31         elect to but fail to attend a driver improvement
   32         school following certain traffic violations; amending
   33         s. 497.2765, F.S.; requiring the recording with the
   34         clerk of court of purchase documents relating to
   35         burial rights; prescribing a fee for the recording the
   36         purchase documents for burial rights; requiring the
   37         clerk of court to implement a process for the
   38         electronic filing of court-related information;
   39         requiring the Florida Clerks of Court Operations
   40         Corporation to report on implementation of the
   41         electronic filing process; prescribing the statewide
   42         budget cap for the clerks of court for the 2008-2009
   43         county fiscal year; directing the Florida Clerks of
   44         Court Operations Corporation to reduce the individual
   45         approved budgets of the clerks of court; authorizing
   46         the Chief Justice to request a loan of funds from the
   47         General Revenue Fund if the Revenue Estimating
   48         Conference projects a specified deficiency in the
   49         State Courts Revenue Trust Fund for the 2009-2010
   50         fiscal year; requesting that the Florida Supreme Court
   51         modify rules related to filing fees; providing
   52         effective dates.
   53  
   54  Be It Enacted by the Legislature of the State of Florida:
   55  
   56         Section 1. Section 27.562, Florida Statutes, is amended to
   57  read:
   58         27.562 Disposition of funds.—The first $50 of all funds
   59  collected pursuant to s. 938.29 shall be deposited into the
   60  Indigent Criminal Defense Trust Fund pursuant to s. 27.525 in
   61  satisfaction of the indigent intake application fee for a
   62  determination of indigent status under s. 27.52 if the fee was
   63  not paid. The remaining funds collected pursuant to s. 938.29
   64  shall be remitted to the Department of Revenue for deposit into
   65  the Justice Administrative Commission’s Indigent Criminal
   66  Defense Trust Fund in satisfaction of the attorney’s fees and
   67  costs under s. 938.29(1)(a). distributed as follows:
   68         (1)Twenty-five percent shall be remitted to the Department
   69  of Revenue for deposit into the Justice Administrative
   70  Commission’s Indigent Criminal Defense Trust Fund.
   71         (2)Seventy-five percent shall be remitted to the
   72  Department of Revenue for deposit into the General Revenue Fund.
   73  
   74  The Justice Administrative Commission shall account for funds
   75  deposited into the Indigent Criminal Defense Trust Fund by
   76  circuit. Appropriations from the fund shall be proportional to
   77  each circuit’s collections. All judgments entered pursuant to
   78  this part shall be in the name of the state.
   79         Section 2. Effective January 1, 2010, subsection (1) of
   80  section 28.2401, Florida Statutes, is amended to read:
   81         28.2401 Service charges in probate matters.—
   82         (1) Except when otherwise provided, the clerk may impose
   83  service charges for the following services, not to exceed the
   84  following amounts:
   85         (a) For the opening of any estate of one document or more,
   86  including, but not limited to, petitions and orders to approve
   87  settlement of minor’s claims; to open a safe-deposit box; to
   88  enter rooms and places; for the determination of heirs, if not
   89  formal administration; and for a foreign guardian to manage
   90  property of a nonresident; but not to include issuance of
   91  letters or order of summary administration..................$115
   92         (b) Caveat............................................$40
   93         (c) Petition and order to admit foreign wills,
   94  authenticated copies, exemplified copies, or transcript to
   95  record......................................................$115
   96         (d) For disposition of personal property without
   97  administration..............................................$115
   98         (e) Summary administration—estates valued at $1,000 or
   99  more........................................................$225
  100         (f) Summary administration—estates valued at less than
  101  $1,000......................................................$115
  102         (g) Formal administration, guardianship, ancillary,
  103  curatorship, or conservatorship proceedings that relate to an
  104  estate having a value of $75,000 or less....................$280
  105         (h)Formal administration, guardianship, ancillary,
  106  curatorship, or conservatorship proceedings that relate to an
  107  estate having a value of more than $75,000 but less than
  108  $250,000..................................................$1,000
  109         (i)Formal administration, guardianship, ancillary,
  110  curatorship, or conservatorship proceedings that relate to an
  111  estate having a value of $250,000 or more.................$2,000
  112         (j)(h) Guardianship proceedings of person only.......$115
  113         (k)(i) Veterans’ guardianship pursuant to chapter 744$115
  114         (l)(j) Exemplified certificates........................$7
  115         (m)(k) Petition for determination of incompetency....$115
  116  
  117  The clerk shall remit $720 of the service charge collected under
  118  paragraph (h) and $1,720 of the service charge collected under
  119  paragraph (i) to the Department of Revenue for deposit into the
  120  State Courts Revenue Trust Fund.
  121         Section 3. Subsection (1) of section 28.241, Florida
  122  Statutes, is amended to read:
  123         28.241 Filing fees for trial and appellate proceedings.—
  124         (1)(a)1.Except as provided in subparagraph 2., the party
  125  instituting any civil action, suit, or proceeding in the circuit
  126  court shall pay to the clerk of that court a filing fee of up to
  127  $295 in all cases in which there are not more than five
  128  defendants and an additional filing fee of up to $2.50 for each
  129  defendant in excess of five. Of the first $165 $85 in filing
  130  fees, $80 must be remitted by the clerk to the Department of
  131  Revenue for deposit into the General Revenue Fund, $80 must be
  132  remitted to the Department of Revenue for deposit into the State
  133  Courts Revenue Trust Fund, and $5 must be remitted to the
  134  Department of Revenue for deposit into the Department of
  135  Financial Services’ Administrative Trust Fund to fund the
  136  contract with the Florida Clerks of Court Operations Corporation
  137  created in s. 28.35. The next $15 of the filing fee collected
  138  shall be deposited in the state courts’ Mediation and
  139  Arbitration Trust Fund. One-third of any filing fees collected
  140  by the clerk of the circuit court in excess of $100 shall be
  141  remitted to the Department of Revenue for deposit into the
  142  Department of Revenue Clerks of the Court Trust Fund. An
  143  additional filing fee of $4 shall be paid to the clerk. The
  144  clerk shall remit $3.50 to the Department of Revenue for deposit
  145  into the Court Education Trust Fund and shall remit 50 cents to
  146  the Department of Revenue for deposit into the Department of
  147  Financial Services Administrative Trust Fund to fund clerk
  148  education. An additional filing fee of up to $18 shall be paid
  149  by the party seeking each severance that is granted. The clerk
  150  may impose an additional filing fee of up to $85 for all
  151  proceedings of garnishment, attachment, replevin, and distress.
  152  Postal charges incurred by the clerk of the circuit court in
  153  making service by certified or registered mail on defendants or
  154  other parties shall be paid by the party at whose instance
  155  service is made. No additional fees, charges, or costs shall be
  156  added to the filing fees imposed under this section, except as
  157  authorized herein or by general law.
  158         2.a.Notwithstanding the fees prescribed in subparagraph
  159  1., a party instituting a civil action in circuit court for
  160  foreclosure on residential or commercial real property secured
  161  by a mortgage shall pay a graduated filing fee based on the
  162  value of the claim.
  163         b.A party shall estimate the amount in controversy of the
  164  claim upon filing the action. The value of a foreclosure action
  165  for the purpose of determining the filing fee is based upon the
  166  principal due on the note secured by the mortgage, plus interest
  167  owed on the note at the time of filing the foreclosure, plus any
  168  property taxes owed at the time of the filing of the
  169  foreclosure. In its order providing for the final disposition of
  170  the matter, the court shall identify the actual value of the
  171  claim. The clerk shall adjust the filing fee if there is a
  172  difference between the estimated amount in controversy and the
  173  actual value of the claim.
  174         c.The party shall pay a filing fee of:
  175         (I)Two hundred and ninety-five dollars in all cases in
  176  which the value of the claim is $50,000 or less and in which
  177  there are not more than five defendants. The party shall pay an
  178  additional filing fee of up to $2.50 for each defendant in
  179  excess of five. Of the first $165 in filing fees, $80 must be
  180  remitted by the clerk to the Department of Revenue for deposit
  181  into the General Revenue Fund, $80 must be remitted to the
  182  Department of Revenue for deposit into the State Courts Revenue
  183  Trust Fund, and $5 must be remitted to the Department of Revenue
  184  for deposit into the Department of Financial Services’
  185  Administrative Trust Fund to fund the contract with the Florida
  186  Clerks of Court Operations Corporation created in s. 28.35. The
  187  next $15 of the filing fee collected shall be deposited in the
  188  state courts’ Mediation and Arbitration Trust Fund. An
  189  additional filing fee of $4 shall be paid to the clerk. The
  190  clerk shall remit $3.50 to the Department of Revenue for deposit
  191  into the Court Education Trust Fund and shall remit 50 cents to
  192  the Department of Revenue for deposit into the Department of
  193  Financial Services Administrative Trust Fund to fund clerk
  194  education. An additional filing fee of up to $18 shall be paid
  195  by the party seeking each severance that is granted. The clerk
  196  may impose an additional filing fee of up to $85 for all
  197  proceedings of garnishment, attachment, replevin, and distress.
  198  Postal charges incurred by the clerk of the circuit court in
  199  making service by certified or registered mail on defendants or
  200  other parties shall be paid by the party at whose instance
  201  service is made. No additional fees, charges, or costs shall be
  202  added to the filing fees imposed under this section, except as
  203  authorized herein or by general law.
  204         (II)One thousand dollars in all cases in which the value
  205  of the claim is more than $50,000 but less than $250,000 and in
  206  which there are not more than five defendants. The party shall
  207  pay an additional filing fee of up to $2.50 for each defendant
  208  in excess of five. Of the first $865 in filing fees, $80 must be
  209  remitted by the clerk to the Department of Revenue for deposit
  210  into the General Revenue Fund, $780 must be remitted to the
  211  Department of Revenue for deposit into the State Courts Revenue
  212  Trust Fund, and $5 must be remitted to the Department of Revenue
  213  for deposit into the Department of Financial Services’
  214  Administrative Trust Fund to fund the contract with the Florida
  215  Clerks of Court Operations Corporation described in s. 28.35.
  216  The next $15 of the filing fee collected shall be deposited in
  217  the state courts’ Mediation and Arbitration Trust Fund. An
  218  additional filing fee of $4 shall be paid to the clerk. The
  219  clerk shall remit $3.50 to the Department of Revenue for deposit
  220  into the Court Education Trust Fund and shall remit 50 cents to
  221  the Department of Revenue for deposit into the Department of
  222  Financial Services Administrative Trust Fund to fund clerk
  223  education. An additional filing fee of up to $18 shall be paid
  224  by the party seeking each severance that is granted. The clerk
  225  may impose an additional filing fee of up to $85 for all
  226  proceedings of garnishment, attachment, replevin, and distress.
  227  Postal charges incurred by the clerk of the circuit court in
  228  making service by certified or registered mail on defendants or
  229  other parties shall be paid by the party at whose instance
  230  service is made. No additional fees, charges, or costs shall be
  231  added to the filing fees imposed under this section, except as
  232  authorized herein or by general law.
  233         (III)Two thousand dollars in all cases in which the value
  234  of the claim is more than $250,000 and in which there are not
  235  more than five defendants. The party shall pay an additional
  236  filing fee of up to $2.50 for each defendant in excess of five.
  237  Of the first $1,870 in filing fees, $80 must be remitted by the
  238  clerk to the Department of Revenue for deposit into the General
  239  Revenue Fund, $1,785 must be remitted to the Department of
  240  Revenue for deposit into the State Courts Revenue Trust Fund,
  241  and $5 must be remitted to the Department of Revenue for deposit
  242  into the Department of Financial Services’ Administrative Trust
  243  Fund to fund the contract with the Florida Clerks of Court
  244  Operations Corporation created in s. 28.35. The next $15 of the
  245  filing fee collected shall be deposited in the state courts’
  246  Mediation and Arbitration Trust Fund. An additional filing fee
  247  of $4 shall be paid to the clerk. The clerk shall remit $3.50 to
  248  the Department of Revenue for deposit into the Court Education
  249  Trust Fund and shall remit 50 cents to the Department of Revenue
  250  for deposit into the Department of Financial Services
  251  Administrative Trust Fund to fund clerk education. An additional
  252  filing fee of up to $18 shall be paid by the party seeking each
  253  severance that is granted. The clerk may impose an additional
  254  filing fee of up to $85 for all proceedings of garnishment,
  255  attachment, replevin, and distress. Postal charges incurred by
  256  the clerk of the circuit court in making service by certified or
  257  registered mail on defendants or other parties shall be paid by
  258  the party at whose instance service is made. No additional fees,
  259  charges, or costs shall be added to the filing fees imposed
  260  under this section, except as authorized herein or by general
  261  law.
  262         (b) A party reopening any civil action, suit, or proceeding
  263  in the circuit court shall pay to the clerk of court a filing
  264  fee set by the clerk in an amount not to exceed $50. For
  265  purposes of this section, a case is reopened when a case
  266  previously reported as disposed of is resubmitted to a court and
  267  includes petitions for modification of a final judgment of
  268  dissolution. A party is exempt from paying the fee for any of
  269  the following:
  270         1. A writ of garnishment;
  271         2. A writ of replevin;
  272         3. A distress writ;
  273         4. A writ of attachment;
  274         5. A motion for rehearing filed within 10 days;
  275         6. A motion for attorney’s fees filed within 30 days after
  276  entry of a judgment or final order;
  277         7. A motion for dismissal filed after a mediation agreement
  278  has been filed;
  279         8. A disposition of personal property without
  280  administration;
  281         9. Any probate case prior to the discharge of a personal
  282  representative;
  283         10. Any guardianship pleading prior to discharge;
  284         11. Any mental health pleading;
  285         12. Motions to withdraw by attorneys;
  286         13. Motions exclusively for the enforcement of child
  287  support orders;
  288         14. A petition for credit of child support;
  289         15. A Notice of Intent to Relocate and any order issuing as
  290  a result of an uncontested relocation;
  291         16. Stipulations;
  292         17. Responsive pleadings; or
  293         18. Cases in which there is no initial filing fee.
  294         (c)1.A Any party in addition to other than a party
  295  described in subparagraph (a)1. paragraph (a) who files a
  296  pleading in an original civil action in circuit court for
  297  affirmative relief by cross-claim, counterclaim,
  298  counterpetition, or third-party complaint shall pay the clerk of
  299  court a fee of $295. The clerk shall remit the fee to the
  300  Department of Revenue for deposit into the General Revenue Fund.
  301         2.A party in addition to a party described in subparagraph
  302  (a)2. who files a pleading in an original civil action in
  303  circuit court for affirmative relief by cross-claim,
  304  counterclaim, counterpetition, or third-party complaint shall
  305  pay the clerk of court a graduated fee of:
  306         a.Two hundred and ninety-five dollars in all cases in
  307  which the value of the pleading is $50,000 or less;
  308         b.One thousand dollars in all cases in which the value of
  309  the pleading is more than $50,000 but less than $250,000; or
  310         c.Two thousand dollars in all cases in which the value of
  311  the pleading is $250,000 or more.
  312  
  313  The clerk shall remit the fees collected under this subparagraph
  314  to the Department of Revenue for deposit into the General
  315  Revenue Fund, except that the clerk shall remit $705 of the fee
  316  collected under sub-subparagraph b. and $1,705 of the fee
  317  collected under sub-subparagraph c. to the Department of Revenue
  318  for deposit into the State Courts Revenue Trust Fund.
  319         (d) The clerk of court shall collect a service charge of
  320  $10 for issuing a summons. The clerk shall assess the fee
  321  against the party seeking to have the summons issued.
  322         Section 4. Effective January 1, 2010, section 28.241,
  323  Florida Statutes, as amended by this act, is amended to read:
  324         28.241 Filing fees for trial and appellate proceedings;
  325  graduated filing fees.—
  326         (1)(a)1. Except as provided in subparagraph 2., the party
  327  instituting any civil action, suit, or proceeding in the circuit
  328  court shall pay to the clerk of that court a filing fee of up to
  329  $295 in all cases in which there are not more than five
  330  defendants and an additional filing fee of up to $2.50 for each
  331  defendant in excess of five. Of the first $165 in filing fees,
  332  $80 must be remitted by the clerk to the Department of Revenue
  333  for deposit into the General Revenue Fund, $80 must be remitted
  334  to the Department of Revenue for deposit into the State Courts
  335  Revenue Trust Fund, and $5 must be remitted to the Department of
  336  Revenue for deposit into the Department of Financial Services’
  337  Administrative Trust Fund to fund the contract with the Florida
  338  Clerks of Court Operations Corporation created in s. 28.35. The
  339  next $15 of the filing fee collected shall be deposited in the
  340  state courts’ Mediation and Arbitration Trust Fund. An
  341  additional filing fee of $4 shall be paid to the clerk. The
  342  clerk shall remit $3.50 to the Department of Revenue for deposit
  343  into the Court Education Trust Fund and shall remit 50 cents to
  344  the Department of Revenue for deposit into the Department of
  345  Financial Services Administrative Trust Fund to fund clerk
  346  education. An additional filing fee of up to $18 shall be paid
  347  by the party seeking each severance that is granted. The clerk
  348  may impose an additional filing fee of up to $85 for all
  349  proceedings of garnishment, attachment, replevin, and distress.
  350  Postal charges incurred by the clerk of the circuit court in
  351  making service by certified or registered mail on defendants or
  352  other parties shall be paid by the party at whose instance
  353  service is made. No additional fees, charges, or costs shall be
  354  added to the filing fees imposed under this section, except as
  355  authorized herein or by general law.
  356         2.a. Notwithstanding the fees prescribed in subparagraph
  357  1., a party instituting a civil action, suit, or proceeding in
  358  circuit court for foreclosure on residential or commercial real
  359  property secured by a mortgage shall pay a graduated filing fee
  360  based on the value of the claim if the action is:.
  361         (I)An action seeking economic damages under a contract;
  362         (II)An action based on a claim of indebtedness;
  363         (III)An action for foreclosure on residential or
  364  commercial real property secured by a mortgage;
  365         (IV)An action in which a condominium association is named
  366  as party and which seeks economic damages;
  367         (V)An action based on antitrust or trade regulations and
  368  which seeks economic damages;
  369         (VI)An action involving business transactions and which
  370  seeks economic damages;
  371         (VII)An action involving a declaratory judgment on whether
  372  a claim is covered by an insurance policy;
  373         (VIII)An action involving intellectual property or trade
  374  secret rights and which seeks economic damages; or
  375         (IX)An action for dissolution of marriage or simplified
  376  dissolution of marriage.
  377         b. A party shall estimate the amount in controversy of the
  378  claim upon filing the action or other request for relief. Except
  379  as otherwise provided, the amount in controversy for an action
  380  shall include the amount of estimated economic damages and other
  381  damages. The value of a foreclosure action for the purpose of
  382  determining the filing fee is based upon the principal due on
  383  the note secured by the mortgage, plus interest owed on the note
  384  at the time of filing the foreclosure, plus any property taxes
  385  owed at the time of the filing of the foreclosure. The amount in
  386  controversy for an action for dissolution of marriage or
  387  simplified dissolution of marriage shall be based upon the
  388  estimated equitable distribution of assets and shall not include
  389  child support or alimony. In its order providing for the final
  390  disposition of the matter, the court shall identify the actual
  391  value of the claim. The clerk shall adjust the filing fee if
  392  there is a difference between the estimated amount in
  393  controversy and the actual value of the claim.
  394         c. The party shall pay a filing fee of:
  395         (I) Two hundred and ninety-five dollars in all cases in
  396  which the value of the claim is $50,000 or less and in which
  397  there are not more than five defendants. The party shall pay an
  398  additional filing fee of up to $2.50 for each defendant in
  399  excess of five. Of the first $165 in filing fees, $80 must be
  400  remitted by the clerk to the Department of Revenue for deposit
  401  into the General Revenue Fund, $80 must be remitted to the
  402  Department of Revenue for deposit into the State Courts Revenue
  403  Trust Fund, and $5 must be remitted to the Department of Revenue
  404  for deposit into the Department of Financial Services’
  405  Administrative Trust Fund to fund the contract with the Florida
  406  Clerks of Court Operations Corporation created in s. 28.35. The
  407  next $15 of the filing fee collected shall be deposited in the
  408  state courts’ Mediation and Arbitration Trust Fund. An
  409  additional filing fee of $4 shall be paid to the clerk. The
  410  clerk shall remit $3.50 to the Department of Revenue for deposit
  411  into the Court Education Trust Fund and shall remit 50 cents to
  412  the Department of Revenue for deposit into the Department of
  413  Financial Services’ Administrative Trust Fund to fund clerk
  414  education. An additional filing fee of up to $18 shall be paid
  415  by the party seeking each severance that is granted. The clerk
  416  may impose an additional filing fee of up to $85 for all
  417  proceedings of garnishment, attachment, replevin, and distress.
  418  Postal charges incurred by the clerk of the circuit court in
  419  making service by certified or registered mail on defendants or
  420  other parties shall be paid by the party at whose instance
  421  service is made. No additional fees, charges, or costs shall be
  422  added to the filing fees imposed under this section, except as
  423  authorized herein or by general law.
  424         (II) One thousand dollars in all cases in which the value
  425  of the claim is more than $50,000 but less than $250,000 and in
  426  which there are not more than five defendants. The party shall
  427  pay an additional filing fee of up to $2.50 for each defendant
  428  in excess of five. Of the first $865 in filing fees, $80 must be
  429  remitted by the clerk to the Department of Revenue for deposit
  430  into the General Revenue Fund, $780 must be remitted to the
  431  Department of Revenue for deposit into the State Courts Revenue
  432  Trust Fund, and $5 must be remitted to the Department of Revenue
  433  for deposit into the Department of Financial Services’
  434  Administrative Trust Fund to fund the contract with the Florida
  435  Clerks of Court Operations Corporation described in s. 28.35.
  436  The next $15 of the filing fee collected shall be deposited in
  437  the state courts’ Mediation and Arbitration Trust Fund. An
  438  additional filing fee of $4 shall be paid to the clerk. The
  439  clerk shall remit $3.50 to the Department of Revenue for deposit
  440  into the Court Education Trust Fund and shall remit 50 cents to
  441  the Department of Revenue for deposit into the Department of
  442  Financial Services’ Administrative Trust Fund to fund clerk
  443  education. An additional filing fee of up to $18 shall be paid
  444  by the party seeking each severance that is granted. The clerk
  445  may impose an additional filing fee of up to $85 for all
  446  proceedings of garnishment, attachment, replevin, and distress.
  447  Postal charges incurred by the clerk of the circuit court in
  448  making service by certified or registered mail on defendants or
  449  other parties shall be paid by the party at whose instance
  450  service is made. No additional fees, charges, or costs shall be
  451  added to the filing fees imposed under this section, except as
  452  authorized herein or by general law.
  453         (III) Two thousand dollars in all cases in which the value
  454  of the claim is more than $250,000 and in which there are not
  455  more than five defendants. The party shall pay an additional
  456  filing fee of up to $2.50 for each defendant in excess of five.
  457  Of the first $1,870 in filing fees, $80 must be remitted by the
  458  clerk to the Department of Revenue for deposit into the General
  459  Revenue Fund, $1,785 must be remitted to the Department of
  460  Revenue for deposit into the State Courts Revenue Trust Fund,
  461  and $5 must be remitted to the Department of Revenue for deposit
  462  into the Department of Financial Services’ Administrative Trust
  463  Fund to fund the contract with the Florida Clerks of Court
  464  Operations Corporation created in s. 28.35. The next $15 of the
  465  filing fee collected shall be deposited in the state courts’
  466  Mediation and Arbitration Trust Fund. An additional filing fee
  467  of $4 shall be paid to the clerk. The clerk shall remit $3.50 to
  468  the Department of Revenue for deposit into the Court Education
  469  Trust Fund and shall remit 50 cents to the Department of Revenue
  470  for deposit into the Department of Financial Services’
  471  Administrative Trust Fund to fund clerk education. An additional
  472  filing fee of up to $18 shall be paid by the party seeking each
  473  severance that is granted. The clerk may impose an additional
  474  filing fee of up to $85 for all proceedings of garnishment,
  475  attachment, replevin, and distress. Postal charges incurred by
  476  the clerk of the circuit court in making service by certified or
  477  registered mail on defendants or other parties shall be paid by
  478  the party at whose instance service is made. No additional fees,
  479  charges, or costs shall be added to the filing fees imposed
  480  under this section, except as authorized herein or by general
  481  law.
  482         (b) A party reopening any civil action, suit, or proceeding
  483  in the circuit court shall pay to the clerk of court a filing
  484  fee set by the clerk in an amount not to exceed $50. For
  485  purposes of this section, a case is reopened when a case
  486  previously reported as disposed of is resubmitted to a court and
  487  includes petitions for modification of a final judgment of
  488  dissolution. A party is exempt from paying the fee for any of
  489  the following:
  490         1. A writ of garnishment;
  491         2. A writ of replevin;
  492         3. A distress writ;
  493         4. A writ of attachment;
  494         5. A motion for rehearing filed within 10 days;
  495         6. A motion for attorney’s fees filed within 30 days after
  496  entry of a judgment or final order;
  497         7. A motion for dismissal filed after a mediation agreement
  498  has been filed;
  499         8. A disposition of personal property without
  500  administration;
  501         9. Any probate case prior to the discharge of a personal
  502  representative;
  503         10. Any guardianship pleading prior to discharge;
  504         11. Any mental health pleading;
  505         12. Motions to withdraw by attorneys;
  506         13. Motions exclusively for the enforcement of child
  507  support orders;
  508         14. A petition for credit of child support;
  509         15. A Notice of Intent to Relocate and any order issuing as
  510  a result of an uncontested relocation;
  511         16. Stipulations;
  512         17. Responsive pleadings; or
  513         18. Cases in which there is no initial filing fee.
  514         (c)1. A party in addition to a party described in
  515  subparagraph (a)1. who files a pleading in an original civil
  516  action in circuit court for affirmative relief by cross-claim,
  517  counterclaim, counterpetition, or third-party complaint shall
  518  pay the clerk of court a fee of $295. The clerk shall remit the
  519  fee to the Department of Revenue for deposit into the General
  520  Revenue Fund.
  521         2. A party in addition to a party described in subparagraph
  522  (a)2. who files a pleading in an original civil action in
  523  circuit court for affirmative relief by cross-claim,
  524  counterclaim, counterpetition, or third-party complaint shall
  525  pay the clerk of court a graduated fee of:
  526         a. Two hundred and ninety-five dollars in all cases in
  527  which the value of the pleading is $50,000 or less;
  528         b. One thousand dollars in all cases in which the value of
  529  the pleading is more than $50,000 but less than $250,000; or
  530         c. Two thousand dollars in all cases in which the value of
  531  the pleading is $250,000 or more.
  532  
  533  The clerk shall remit the fees collected under this subparagraph
  534  to the Department of Revenue for deposit into the General
  535  Revenue Fund, except that the clerk shall remit $705 of the fee
  536  collected under sub-subparagraph b. and $1,705 of the fee
  537  collected under sub-subparagraph c. to the Department of Revenue
  538  for deposit into the State Courts Revenue Trust Fund.
  539         (d) The clerk of court shall collect a service charge of
  540  $10 for issuing a summons. The clerk shall assess the fee
  541  against the party seeking to have the summons issued.
  542         (2) Upon the institution of any appellate proceeding from
  543  any lower court to the circuit court of any such county,
  544  including appeals filed by a county or municipality as provided
  545  in s. 34.041(5), or from the circuit court to an appellate court
  546  of the state, the clerk shall charge and collect from the party
  547  or parties instituting such appellate proceedings a filing fee
  548  not to exceed $280 for filing a notice of appeal from the county
  549  court to the circuit court and, in addition to the filing fee
  550  required under s. 25.241 or s. 35.22, $100 for filing a notice
  551  of appeal from the circuit court to the district court of appeal
  552  or to the Supreme Court. If the party is determined to be
  553  indigent, the clerk shall defer payment of the fee. The clerk
  554  shall remit the first $80 to the Department of Revenue for
  555  deposit into the General Revenue Fund. One-third of the fee
  556  collected by the clerk in excess of $80 also shall be remitted
  557  to the Department of Revenue for deposit into the Clerks of the
  558  Court Trust Fund.
  559         (3) A filing fee may not be imposed upon a party for
  560  responding by pleading, motion, or other paper to a civil or
  561  criminal action, suit, proceeding, or appeal in a circuit court.
  562         (4) The fees prescribed in this section do not include the
  563  service charges required by law for the clerk as provided in s.
  564  28.24 or by other sections of the Florida Statutes. Filing fees
  565  authorized by this section may not be added to any civil penalty
  566  imposed by chapter 316 or chapter 318.
  567         (5) Filing fees for the institution or reopening of any
  568  civil action, suit, or proceeding in county court shall be
  569  charged and collected as provided in s. 34.041.
  570         (6) From each attorney appearing pro hac vice, the clerk of
  571  the circuit court shall collect a fee of $100 for deposit into
  572  the General Revenue Fund.
  573         Section 5. Subsection (1) of section 34.041, Florida
  574  Statutes, is amended to read:
  575         34.041 Filing fees.—
  576         (1)(a) Upon the institution of any civil action, suit, or
  577  proceeding in county court, the party shall pay the following
  578  filing fee, not to exceed:
  579         1. For all claims less than $100.....................$50.
  580         2. For all claims of $100 or more but not more
  581  than $500...................................................$75.
  582         3. For all claims of more than $500 but not more than
  583  $2,500.....................................................$170.
  584         4. For all claims of more than $2,500...............$295.
  585         5. In addition, for all proceedings of garnishment,
  586  attachment, replevin, and distress..........................$85.
  587         6. For removal of tenant action................$180 $265.
  588         (b) The first $80 of the filing fee collected under
  589  subparagraph (a)4. shall be remitted to the Department of
  590  Revenue for deposit into the General Revenue Fund. The next $15
  591  of the filing fee collected under subparagraph (a)4., and the
  592  first $15 of each filing fee collected under subparagraph (a)6.,
  593  shall be deposited in the state courts’ Mediation and
  594  Arbitration Trust Fund. One-third of any filing fees collected
  595  by the clerk under this section in excess of the first $95
  596  collected under subparagraph (a)4. shall be remitted to the
  597  Department of Revenue for deposit into the Department of Revenue
  598  Clerks of the Court Trust Fund. An additional filing fee of $4
  599  shall be paid to the clerk. The clerk shall transfer $3.50 to
  600  the Department of Revenue for deposit into the Court Education
  601  Trust Fund and shall transfer 50 cents to the Department of
  602  Revenue for deposit into the Department of Financial Services’
  603  Administrative Trust Fund to fund clerk education. Postal
  604  charges incurred by the clerk of the county court in making
  605  service by mail on defendants or other parties shall be paid by
  606  the party at whose instance service is made. Except as provided
  607  herein, filing fees and service charges for performing duties of
  608  the clerk relating to the county court shall be as provided in
  609  ss. 28.24 and 28.241. Except as otherwise provided herein, all
  610  filing fees shall be retained as fee income of the office of the
  611  clerk of circuit court. Filing fees imposed by this section may
  612  not be added to any penalty imposed by chapter 316 or chapter
  613  318.
  614         (c) A Any party in addition to other than a party described
  615  in paragraph (a) who files a pleading in an original civil
  616  action in the county court for affirmative relief by cross
  617  claim, counterclaim, counterpetition, or third-party complaint,
  618  or who files a notice of cross-appeal or notice of joinder or
  619  motion to intervene as an appellant, cross-appellant, or
  620  petitioner, shall pay the clerk of court a fee of $295 if the
  621  relief sought by the party under this paragraph exceeds $2,500.
  622  This fee does shall not apply if where the cross-claim,
  623  counterclaim, counterpetition, or third-party complaint requires
  624  transfer of the case from county to circuit court. The clerk
  625  shall remit the fee to the Department of Revenue for deposit
  626  into the General Revenue Fund.
  627         (d) The clerk of court shall collect a service charge of
  628  $10 for issuing a summons. The clerk shall assess the fee
  629  against the party seeking to have the summons issued.
  630         Section 6. Subsection (1) of section 318.15, Florida
  631  Statutes, as amended by section 2 of chapter 2009-6, Laws of
  632  Florida, is amended to read:
  633         318.15 Failure to comply with civil penalty or to appear;
  634  penalty.—
  635         (1)(a) If a person fails to comply with the civil penalties
  636  provided in s. 318.18 within the time period specified in s.
  637  318.14(4), fails to attend driver improvement school, or fails
  638  to appear at a scheduled hearing, the clerk of the court shall
  639  notify the Division of Driver Licenses of the Department of
  640  Highway Safety and Motor Vehicles of such failure within 10 days
  641  after such failure. Upon receipt of such notice, the department
  642  shall immediately issue an order suspending the driver’s license
  643  and privilege to drive of such person effective 20 days after
  644  the date the order of suspension is mailed in accordance with s.
  645  322.251(1), (2), and (6). Any such suspension of the driving
  646  privilege which has not been reinstated, including a similar
  647  suspension imposed outside Florida, shall remain on the records
  648  of the department for a period of 7 years from the date imposed
  649  and shall be removed from the records after the expiration of 7
  650  years from the date it is imposed.
  651         (b) However, a person who elects to attend driver
  652  improvement school and has paid the civil penalty as provided in
  653  s. 318.14(9), but who subsequently fails to attend the driver
  654  improvement school within the time specified by the court shall
  655  be deemed to have admitted the infraction and shall be
  656  adjudicated guilty. In such a case in which there was an 18
  657  percent reduction pursuant to s. 318.14(9) as it existed before
  658  February 1, 2009 prior to the effective date of this act, the
  659  person must pay the clerk of the court that amount and a
  660  processing fee of up to $18, after which no additional
  661  penalties, court costs, or surcharges shall be imposed for the
  662  violation. In all other such cases, the person must pay the
  663  clerk a processing fee of up to $18, after which no additional
  664  penalties, court costs, or surcharges shall be imposed for the
  665  violation. The clerk of the court shall notify the department of
  666  the person’s failure to attend driver improvement school and
  667  points shall be assessed pursuant to s. 322.27.
  668         Section 7. Section 497.2765, Florida Statutes, is amended
  669  to read:
  670         497.2765 Recording purchase of burial rights.—
  671         (1) Any person purchasing a burial right, belowground
  672  crypt, grave space, mausoleum, columbarium, ossuary, or
  673  scattering garden for the interment, entombment, inurnment, or
  674  other disposition of human remains shall may, at the person’s
  675  option, permanently record the purchase of the burial right,
  676  belowground crypt, grave space, mausoleum, columbarium, ossuary,
  677  or scattering garden with the clerk of the court in the county
  678  where the burial right, belowground crypt, grave space,
  679  mausoleum, columbarium, ossuary, or scattering garden is
  680  located. The recordation pursuant to this section is for the
  681  purpose of public notification and for the purpose of
  682  establishing a permanent record in the official records of the
  683  county; however, it does not create any priority of interest or
  684  ownership.
  685         (2) The clerk of the court shall record the evidence of the
  686  purchase of a burial right, belowground crypt, grave space,
  687  mausoleum, columbarium, ossuary, or scattering garden presented
  688  to him or her for recording upon payment of a fee of $20 the
  689  service charge as otherwise provided by law for the recording of
  690  each the purchase document documents in the official records.
  691  The recording fee shall be deposited into the Public Records
  692  Modernization Trust Fund and may be used for the purposes
  693  specified in s. 28.24(12)(e)1.
  694         Section 8. Each clerk of court shall implement an
  695  electronic filing process. The purpose of the electronic filing
  696  process is to reduce judicial costs in the office of the clerk
  697  and the judiciary, increase timeliness in the processing of
  698  cases, and provide the judiciary with case-related information
  699  to allow for improved judicial case management. The Legislature
  700  requests that, no later than July 1, 2009, the Supreme Court set
  701  statewide standards for electronic filing to be used by the
  702  clerks of court to implement electronic filing. The standards
  703  should specify the required information for the duties of the
  704  clerks of court and the judiciary for case management. The
  705  clerks of court shall begin implementation no later than October
  706  1, 2009. The Florida Clerks of Court Operations Corporation
  707  shall report to the President of the Senate and the Speaker of
  708  the House of Representatives by March 1, 2010, on the status of
  709  implementing electronic filing. The report shall include the
  710  detailed status of each clerk office’s implementation of an
  711  electronic filing process, and for those clerks who have not
  712  fully implemented electronic filing by March 1, 2010, a
  713  description of the additional steps needed and a projected
  714  timeline for full implementation. Revenues provided to counties
  715  and the clerk of court under s. 28.24(12)(e), Florida Statutes,
  716  for information technology may also be used to implement
  717  electronic filing processes.
  718         Section 9. Notwithstanding s. 28.36, Florida Statutes, the
  719  statewide budget cap for the clerks of court is $451,380,312 for
  720  the 2008-2009 county fiscal year. The Florida Clerks of Court
  721  Operations Corporation shall reduce the individual approved
  722  budgets of the clerks of court to ensure that the sum of the
  723  approved budgets does not exceed this statewide budget cap.
  724         Section 10. If, at any time during the 2009-2010 fiscal
  725  year, the Revenue Estimating Conference projects that revenue
  726  deposited into the State Courts Revenue Trust Fund will be less
  727  than 98 percent of the amount appropriated from the fund in the
  728  General Appropriations Act for the 2009-2010 fiscal year, the
  729  Chief Justice of the Supreme Court may request a loan of funds
  730  from the General Revenue Fund to the trust fund. If approved by
  731  the Legislative Budget Commission, the loan must be repaid by
  732  June 30, 2011.
  733         Section 11. The Legislature requests that the Supreme Court
  734  modify judicial rules associated with filing fees to implement
  735  the changes provided for in this act.
  736         Section 12. Except as otherwise expressly provide this act,
  737  this act shall take effect June 1, 2009.