ENROLLED
2009 Legislature CS for SB 1718, 1st Engrossed
20091718er
1
2 An act relating to the state judicial system; amending
3 s. 26.57, F.S.; authorizing any county court judge to
4 be designated by the Chief Justice of the Supreme
5 Court to preside over circuit court cases; providing
6 that such county court judge will receive the same
7 salary as a circuit court judge, to the extent that
8 funds are specifically appropriated by law for such
9 purposes; amending s. 27.511, F.S.; eliminating future
10 repeal of authority for part-time assistant criminal
11 conflict and civil regional counsel to practice
12 private criminal law under specified conditions;
13 conforming changes; amending s. 27.562, F.S.; revising
14 the distribution of fees and costs collected from
15 persons who receive certain assistance from a public
16 defender’s office; amending s. 28.2401, F.S.;
17 increasing the maximum amount the clerk of court may
18 impose for certain actions in probate matters;
19 providing for the deposit of revenues generated from
20 the increased amount into the State Courts Revenue
21 Trust Fund; delineating specified amounts as filing
22 fees or service charges; amending s. 28.241, F.S.;
23 increasing the maximum filing fee for certain civil
24 actions; providing for a portion of circuit court
25 filing fees to be deposited in the State Courts
26 Revenue Trust Fund; eliminating a requirement for the
27 clerk of court to remit a portion of excess filing
28 fees to the Department of Revenue; prescribing a
29 maximum filing fee for certain family law actions;
30 providing for the distribution of such fee; providing
31 for the payment of graduated filing fees in certain
32 real property or mortgage foreclosure actions;
33 providing a manner for valuing mortgage foreclosure
34 claims; prescribing graduated filing fees based on the
35 value of the claim; requiring a fee for filing a
36 pleading for relief by counterpetition; providing for
37 the payment of graduated filing fees for certain real
38 property or mortgage foreclosure pleadings for relief
39 by cross-claim, counterclaim, counterpetition, or
40 third-party complaint; prescribing graduated filing
41 fees based on the value of the pleading; providing for
42 remittance of fees by the clerk of court and for
43 deposit into specified funds; eliminating a
44 requirement for the clerk of court to remit a portion
45 of fees collected to the Department of Revenue for
46 deposit into a specified trust fund; amending s.
47 28.33, F.S.; providing that interest on county funds
48 invested by the clerk of court constitutes county
49 funds; amending s. 34.041, F.S.; prescribing a maximum
50 county court filing fee for claims of a specified
51 value filed with an action for replevin; reducing the
52 county court filing fee for an action to remove a
53 tenant; providing for deposit of a portion of fees
54 collected into the State Courts Revenue Trust Fund;
55 eliminating a requirement for the clerk of court to
56 remit a portion of excess filing fees to the
57 Department of Revenue; requiring a fee for filing a
58 pleading for relief by counterpetition in county
59 court; specifying the applicable filing fee required
60 when a case is transferred from county to circuit
61 court; amending s. 57.081, F.S.; providing for the
62 waiver of payment of civil filing fees by persons
63 deemed indigent; revising a requirement for taxed
64 costs in favor of an indigent person to be applied to
65 unpaid costs, to conform; amending s. 57.082, F.S.;
66 conforming changes to the waiver of payment of filing
67 fees by persons deemed indigent; revising provisions
68 related to payment plans, to conform; excluding waived
69 filing fees from payment plans; amending s. 318.121,
70 F.S.; specifying that an Article V assessment is among
71 the fees, fines, surcharges, and costs that may be
72 added to civil traffic infractions; amending s.
73 318.15, F.S.; imposing a processing fee by the clerk
74 of court on persons who elect to attend a driver
75 improvement school following certain traffic
76 violations but fail to attend; amending s. 318.18,
77 F.S.; imposing an administrative fee and an assessment
78 on motor vehicle license violations and driver’s
79 license violations; reenacting s. 318.21(18) and (19),
80 F.S., relating to distribution of traffic-infraction
81 penalties, to incorporate the amendments to s. 318.18,
82 F.S., in references thereto; amending s. 939.185,
83 F.S.; providing for the order assessing additional
84 court costs and surcharges in certain criminal
85 offenses and criminal traffic offenses to be recorded
86 with the clerk of court; providing that such record
87 constitutes a lien on certain real and personal
88 property under specified conditions; providing for an
89 exception and enforcement; providing that such
90 amendments to s. 939.185(1), F.S., are contingent upon
91 a specified act enacted during the 2009 Regular
92 Session becoming law and supersede amendments made by
93 that act; requiring the Florida Clerks of Court
94 Operations Corporation to report annually on certain
95 trust funds in excess of the amount needed to fund the
96 clerk budgets; directing the Justice Administrative
97 Commission to transfer the excess funds to the General
98 Revenue Fund; requiring the clerk of court to
99 implement a process for the electronic filing of
100 court-related information; requiring the Florida
101 Clerks of Court Operations Corporation to report on
102 implementation of the electronic filing process;
103 expressing legislative intent for the First District
104 Court of Appeal to conduct a pilot project for
105 electronic filing of workers’ compensation cases;
106 providing for a report on the pilot project;
107 prescribing the statewide budget cap for the clerks of
108 court for the 2009-2010 state fiscal year; directing
109 the Florida Clerks of Court Operations Corporation to
110 reduce the individual approved budgets of the clerks
111 of court; requiring the Office of Program Policy
112 Analysis and Government Accountability, in
113 consultation with the Chief Financial Officer and the
114 Auditor General, to provide a report regarding the
115 operation and relationship of the clerks of court and
116 the courts to the Legislature by a specified date;
117 providing report requirements; requiring the
118 Technology Review Workgroup to develop a proposed plan
119 for identifying and recommending options for
120 implementing the integrated computer system and submit
121 the plan to the Legislature by a specified date;
122 providing plan requirements; requiring reports on
123 certain purchases of computer hardware and software by
124 clerks of court; superseding provisions relating to
125 functions of the clerks of court and relating to
126 computer hardware and software purchases by the clerks
127 contained in a specified act enacted during the 2009
128 Regular Session; providing that such provisions do not
129 take effect if the specified act does not become law;
130 expressing legislative intent related to amendatory
131 acts passed during the same legislative session;
132 revising the effective date of a specified act enacted
133 during the 2009 Regular Session; providing effective
134 dates.
135
136 Be It Enacted by the Legislature of the State of Florida:
137
138 Section 1. Section 26.57, Florida Statutes, is amended to
139 read:
140 26.57 Temporary designation of county court judge to
141 preside over circuit court cases.—A In each county where there
142 is no resident circuit judge and the county court judge has been
143 a member of the bar for at least 5 years and is qualified to be
144 a circuit judge, the county court judge may be designated on a
145 temporary basis to preside over circuit court cases by the Chief
146 Justice of the Supreme Court upon recommendation of the chief
147 judge of the circuit. He or she may be assigned to exercise all
148 county and circuit court jurisdiction in the county, except
149 appeals from the county court. In addition, he or she may be
150 required to perform the duties of circuit judge in other
151 counties of the circuit as time may permit and as the need
152 arises, as determined by the chief judge of the circuit. A
153 county court judge designated to preside over circuit court
154 cases shall receive the same salary as a circuit court judge, to
155 the extent that funds are specifically appropriated by law for
156 such purposes.
157 Section 2. Subsection (4) of section 27.511, Florida
158 Statutes, is amended to read:
159 27.511 Offices of criminal conflict and civil regional
160 counsel; legislative intent; qualifications; appointment;
161 duties.—
162 (4)(a) Each regional counsel shall serve on a full-time
163 basis and may not engage in the private practice of law while
164 holding office. Assistant regional counsel shall give priority
165 and preference to their duties as assistant regional counsel and
166 may not otherwise engage in the practice of criminal law.
167 However, part-time assistant regional counsel may practice
168 criminal law for private payment so long as the representation
169 does not result in a legal or ethical conflict of interest with
170 a case for which the office of criminal conflict and civil
171 regional counsel is providing representation. Assistant regional
172 counsel may not accept criminal cases for reimbursement by the
173 state under s. 27.5304. Assistant regional counsel may not
174 engage in civil proceedings for which the state compensates
175 attorneys under s. 27.5304.
176 (b) Notwithstanding paragraph (a), part-time assistant
177 regional counsel may practice criminal law for private payment
178 so long as the representation does not result in a legal or
179 ethical conflict of interest with a case for which the office of
180 criminal conflict and civil regional counsel is providing
181 representation. Assistant regional counsel may not accept
182 criminal cases for reimbursement by the state under s. 27.5304.
183 This paragraph expires June 30, 2010.
184 Section 3. Section 27.562, Florida Statutes, is amended to
185 read:
186 27.562 Disposition of funds.—The first $50 of All funds
187 collected pursuant to s. 938.29 shall be remitted to the
188 Department of Revenue for deposit deposited into the Indigent
189 Criminal Defense Trust Fund administered by the Justice
190 Administrative Commission pursuant to s. 27.525 in satisfaction
191 of the application fee for a determination of indigent status
192 under s. 27.52 if the fee was not paid. The remaining funds
193 collected pursuant to s. 938.29 shall be distributed as follows:
194 (1) Twenty-five percent shall be remitted to the Department
195 of Revenue for deposit into the Justice Administrative
196 Commission’s Indigent Criminal Defense Trust Fund.
197 (2) Seventy-five percent shall be remitted to the
198 Department of Revenue for deposit into the General Revenue Fund.
199
200 The Justice Administrative Commission shall account for funds
201 deposited into the Indigent Criminal Defense Trust Fund by
202 circuit. Appropriations from the fund shall be proportional to
203 each circuit’s collections. All judgments entered pursuant to
204 this part shall be in the name of the state.
205 Section 4. Effective June 1, 2009, section 28.2401, Florida
206 Statutes, is amended to read:
207 28.2401 Service charges and filing fees in probate
208 matters.—
209 (1) Except when otherwise provided, the clerk may impose
210 service charges or filing fees for the following services or
211 filings, not to exceed the following amounts:
212 (a) Fee for the opening of any estate of one document or
213 more, including, but not limited to, petitions and orders to
214 approve settlement of minor’s claims; to open a safe-deposit
215 box; to enter rooms and places; for the determination of heirs,
216 if not formal administration; and for a foreign guardian to
217 manage property of a nonresident; but not to include issuance of
218 letters or order of summary administration.............$230 $115
219 (b) Charge for caveat.................................$40
220 (c) Fee for petition and order to admit foreign wills,
221 authenticated copies, exemplified copies, or transcript to
222 record.................................................$230 $115
223 (d) Fee for disposition of personal property without
224 administration.........................................$230 $115
225 (e) Fee for summary administration—estates valued at $1,000
226 or more................................................$340 $225
227 (f) Fee for summary administration—estates valued at less
228 than $1,000............................................$230 $115
229 (g) Fee for formal administration, guardianship, ancillary,
230 curatorship, or conservatorship proceedings .......... $395 $280
231 (h) Fee for guardianship proceedings of person only $230 $115
232 (i) Fee for veterans’ guardianship pursuant to
233 chapter 744 ...........................................$230 $115
234 (j) Charge for exemplified certificates................$7
235 (k) Fee for petition for determination of
236 incompetency.......................................... $230 $115
237
238 The clerk shall remit $115 of each filing fee collected under
239 paragraphs (a), (c)-(i), and (k) to the Department of Revenue
240 for deposit into the State Courts Revenue Trust Fund.
241 (2) Upon application by the clerk and a showing of
242 extraordinary circumstances, the service charges or filing fees
243 set forth in this section may be increased in an individual
244 matter by order of the circuit court before which the matter is
245 pending, to more adequately compensate for the services
246 performed or filings made.
247 (3) An additional service charge of $4 on petitions seeking
248 summary administration, formal administration, ancillary
249 administration, guardianship, curatorship, and conservatorship
250 shall be paid to the clerk. The clerk shall transfer $3.50 to
251 the Department of Revenue for deposit into the Court Education
252 Trust Fund and shall transfer 50 cents to the Department of
253 Revenue for deposit into the Department of Financial Services’
254 Administrative Trust Fund to fund clerk education. No additional
255 fees, charges, or costs shall be added to the service charges or
256 filing fees imposed under this section, except as authorized by
257 general law.
258 (4) Recording shall be required for all petitions opening
259 and closing an estate; petitions regarding real estate; and
260 orders, letters, bonds, oaths, wills, proofs of wills, returns,
261 and such other papers as the judge shall deem advisable to
262 record or that shall be required to be recorded under the
263 Florida Probate Code.
264 Section 5. Effective June 1, 2009, subsections (1) and (2)
265 of section 28.241, Florida Statutes, are amended to read:
266 28.241 Filing fees for trial and appellate proceedings.—
267 (1)(a)1.a. Except as provided in sub-subparagraph b. and
268 subparagraph 2., the party instituting any civil action, suit,
269 or proceeding in the circuit court shall pay to the clerk of
270 that court a filing fee of up to $395 $295 in all cases in which
271 there are not more than five defendants and an additional filing
272 fee of up to $2.50 for each defendant in excess of five. Of the
273 first $265 $85 in filing fees, $80 must be remitted by the clerk
274 to the Department of Revenue for deposit into the General
275 Revenue Fund, $180 must be remitted to the Department of Revenue
276 for deposit into the State Courts Revenue Trust Fund, and $5
277 must be remitted to the Department of Revenue for deposit into
278 the Department of Financial Services’ Administrative Trust Fund
279 to fund the contract with the Florida Clerks of Court Operations
280 Corporation created in s. 28.35. The next $15 of the filing fee
281 collected shall be deposited in the state courts’ Mediation and
282 Arbitration Trust Fund. One-third of any filing fees collected
283 by the clerk of the circuit court in excess of $100 shall be
284 remitted to the Department of Revenue for deposit into the
285 Department of Revenue Clerks of the Court Trust Fund.
286 b. The party instituting any civil action, suit, or
287 proceeding in the circuit court under chapter 39, chapter 61,
288 chapter 741, chapter 742, chapter 747, chapter 752, or chapter
289 753 shall pay to the clerk of that court a filing fee of up to
290 $295 in all cases in which there are not more than five
291 defendants and an additional filing fee of up to $2.50 for each
292 defendant in excess of five. Of the first $165 in filing fees,
293 $80 must be remitted by the clerk to the Department of Revenue
294 for deposit into the General Revenue Fund, $80 must be remitted
295 to the Department of Revenue for deposit into the State Courts
296 Revenue Trust Fund, and $5 must be remitted to the Department of
297 Revenue for deposit into the Department of Financial Services’
298 Administrative Trust Fund to fund the contract with the Florida
299 Clerks of Court Operations Corporation created in s. 28.35. The
300 next $15 of the filing fee collected shall be deposited in the
301 state courts’ Mediation and Arbitration Trust Fund.
302 c. An additional filing fee of $4 shall be paid to the
303 clerk. The clerk shall remit $3.50 to the Department of Revenue
304 for deposit into the Court Education Trust Fund and shall remit
305 50 cents to the Department of Revenue for deposit into the
306 Department of Financial Services Administrative Trust Fund to
307 fund clerk education. An additional filing fee of up to $18
308 shall be paid by the party seeking each severance that is
309 granted. The clerk may impose an additional filing fee of up to
310 $85 for all proceedings of garnishment, attachment, replevin,
311 and distress. Postal charges incurred by the clerk of the
312 circuit court in making service by certified or registered mail
313 on defendants or other parties shall be paid by the party at
314 whose instance service is made. No additional fees, charges, or
315 costs shall be added to the filing fees imposed under this
316 section, except as authorized in this section herein or by
317 general law.
318 2.a. Notwithstanding the fees prescribed in subparagraph
319 1., a party instituting a civil action in circuit court relating
320 to real property or mortgage foreclosure shall pay a graduated
321 filing fee based on the value of the claim.
322 b. A party shall estimate in writing the amount in
323 controversy of the claim upon filing the action. For purposes of
324 this subparagraph, the value of a mortgage foreclosure action is
325 based upon the principal due on the note secured by the
326 mortgage, plus interest owed on the note and any moneys advanced
327 by the lender for property taxes, insurance, and other advances
328 secured by the mortgage, at the time of filing the foreclosure.
329 The value shall also include the value of any tax certificates
330 related to the property. In stating the value of a mortgage
331 foreclosure claim, a party shall declare in writing the total
332 value of the claim, as well as the individual elements of the
333 value as prescribed in this sub-subparagraph.
334 c. In its order providing for the final disposition of the
335 matter, the court shall identify the actual value of the claim.
336 The clerk shall adjust the filing fee if there is a difference
337 between the estimated amount in controversy and the actual value
338 of the claim and collect any additional filing fee owed or
339 provide a refund of excess filing fee paid.
340 d. The party shall pay a filing fee of:
341 (I) Three hundred and ninety-five dollars in all cases in
342 which the value of the claim is $50,000 or less and in which
343 there are not more than five defendants. The party shall pay an
344 additional filing fee of up to $2.50 for each defendant in
345 excess of five. Of the first $265 in filing fees, $80 must be
346 remitted by the clerk to the Department of Revenue for deposit
347 into the General Revenue Fund, $180 must be remitted to the
348 Department of Revenue for deposit into the State Courts Revenue
349 Trust Fund, and $5 must be remitted to the Department of Revenue
350 for deposit into the Department of Financial Services’
351 Administrative Trust Fund to fund the contract with the Florida
352 Clerks of Court Operations Corporation created in s. 28.35. The
353 next $15 of the filing fee collected shall be deposited in the
354 state courts’ Mediation and Arbitration Trust Fund;
355 (II) Nine hundred dollars in all cases in which the value
356 of the claim is more than $50,000 but less than $250,000 and in
357 which there are not more than five defendants. The party shall
358 pay an additional filing fee of up to $2.50 for each defendant
359 in excess of five. Of the first $770 in filing fees, $80 must be
360 remitted by the clerk to the Department of Revenue for deposit
361 into the General Revenue Fund, $685 must be remitted to the
362 Department of Revenue for deposit into the State Courts Revenue
363 Trust Fund, and $5 must be remitted to the Department of Revenue
364 for deposit into the Department of Financial Services’
365 Administrative Trust Fund to fund the contract with the Florida
366 Clerks of Court Operations Corporation described in s. 28.35.
367 The next $15 of the filing fee collected shall be deposited in
368 the state courts’ Mediation and Arbitration Trust Fund; or
369 (III) One thousand nine hundred dollars in all cases in
370 which the value of the claim is $250,000 or more and in which
371 there are not more than five defendants. The party shall pay an
372 additional filing fee of up to $2.50 for each defendant in
373 excess of five. Of the first $1,770 in filing fees, $80 must be
374 remitted by the clerk to the Department of Revenue for deposit
375 into the General Revenue Fund, $1,685 must be remitted to the
376 Department of Revenue for deposit into the State Courts Revenue
377 Trust Fund, and $5 must be remitted to the Department of Revenue
378 for deposit into the Department of Financial Services’
379 Administrative Trust Fund to fund the contract with the Florida
380 Clerks of Court Operations Corporation created in s. 28.35. The
381 next $15 of the filing fee collected shall be deposited in the
382 state courts’ Mediation and Arbitration Trust Fund.
383 e. An additional filing fee of $4 shall be paid to the
384 clerk. The clerk shall remit $3.50 to the Department of Revenue
385 for deposit into the Court Education Trust Fund and shall remit
386 50 cents to the Department of Revenue for deposit into the
387 Department of Financial Services’ Administrative Trust Fund to
388 fund clerk education. An additional filing fee of up to $18
389 shall be paid by the party seeking each severance that is
390 granted. The clerk may impose an additional filing fee of up to
391 $85 for all proceedings of garnishment, attachment, replevin,
392 and distress. Postal charges incurred by the clerk of the
393 circuit court in making service by certified or registered mail
394 on defendants or other parties shall be paid by the party at
395 whose instance service is made. No additional fees, charges, or
396 costs shall be added to the filing fees imposed under this
397 section, except as authorized in this section or by general law.
398 (b) A party reopening any civil action, suit, or proceeding
399 in the circuit court shall pay to the clerk of court a filing
400 fee set by the clerk in an amount not to exceed $50. For
401 purposes of this section, a case is reopened when a case
402 previously reported as disposed of is resubmitted to a court and
403 includes petitions for modification of a final judgment of
404 dissolution. A party is exempt from paying the fee for any of
405 the following:
406 1. A writ of garnishment;
407 2. A writ of replevin;
408 3. A distress writ;
409 4. A writ of attachment;
410 5. A motion for rehearing filed within 10 days;
411 6. A motion for attorney’s fees filed within 30 days after
412 entry of a judgment or final order;
413 7. A motion for dismissal filed after a mediation agreement
414 has been filed;
415 8. A disposition of personal property without
416 administration;
417 9. Any probate case prior to the discharge of a personal
418 representative;
419 10. Any guardianship pleading prior to discharge;
420 11. Any mental health pleading;
421 12. Motions to withdraw by attorneys;
422 13. Motions exclusively for the enforcement of child
423 support orders;
424 14. A petition for credit of child support;
425 15. A Notice of Intent to Relocate and any order issuing as
426 a result of an uncontested relocation;
427 16. Stipulations;
428 17. Responsive pleadings; or
429 18. Cases in which there is no initial filing fee.
430 (c)1. A Any party in addition to other than a party
431 described in sub-subparagraph (a)1.a. paragraph (a) who files a
432 pleading in an original civil action in circuit court for
433 affirmative relief by cross-claim, counterclaim,
434 counterpetition, or third-party complaint shall pay the clerk of
435 court a fee of $395 $295. A party in addition to a party
436 described in sub-subparagraph (a)1.b. who files a pleading in an
437 original civil action in circuit court for affirmative relief by
438 cross-claim, counterclaim, counterpetition, or third-party
439 complaint shall pay the clerk of court a fee of $295. The clerk
440 shall remit the fee to the Department of Revenue for deposit
441 into the General Revenue Fund.
442 2. A party in addition to a party described in subparagraph
443 (a)2. who files a pleading in an original civil action in
444 circuit court for affirmative relief by cross-claim,
445 counterclaim, counterpetition, or third-party complaint shall
446 pay the clerk of court a graduated fee of:
447 a. Three hundred and ninety-five dollars in all cases in
448 which the value of the pleading is $50,000 or less;
449 b. Nine hundred dollars in all cases in which the value of
450 the pleading is more than $50,000 but less than $250,000; or
451 c. One thousand nine hundred dollars in all cases in which
452 the value of the pleading is $250,000 or more.
453
454 The clerk shall remit the fees collected under this subparagraph
455 to the Department of Revenue for deposit into the General
456 Revenue Fund, except that the clerk shall remit $100 of the fee
457 collected under sub-subparagraph a., $605 of the fee collected
458 under sub-subparagraph b., and $1,605 of the fee collected under
459 sub-subparagraph c. to the Department of Revenue for deposit
460 into the State Courts Revenue Trust Fund.
461 (d) The clerk of court shall collect a service charge of
462 $10 for issuing a summons. The clerk shall assess the fee
463 against the party seeking to have the summons issued.
464 (2) Upon the institution of any appellate proceeding from
465 any lower court to the circuit court of any such county,
466 including appeals filed by a county or municipality as provided
467 in s. 34.041(5), or from the circuit court to an appellate court
468 of the state, the clerk shall charge and collect from the party
469 or parties instituting such appellate proceedings a filing fee
470 not to exceed $280 for filing a notice of appeal from the county
471 court to the circuit court and, in addition to the filing fee
472 required under s. 25.241 or s. 35.22, $100 for filing a notice
473 of appeal from the circuit court to the district court of appeal
474 or to the Supreme Court. If the party is determined to be
475 indigent, the clerk shall defer payment of the fee. The clerk
476 shall remit the first $80 to the Department of Revenue for
477 deposit into the General Revenue Fund. One-third of the fee
478 collected by the clerk in excess of $80 also shall be remitted
479 to the Department of Revenue for deposit into the Clerks of the
480 Court Trust Fund.
481 Section 6. Section 28.33, Florida Statutes, is amended to
482 read:
483 28.33 Investment of county funds by the clerk of the
484 circuit court.—The clerk of the circuit court in each county
485 shall invest county funds in excess of those required to meet
486 expenses as provided in s. 218.415. No clerk investing such
487 funds shall be liable for the loss of any interest when
488 circumstances require the withdrawal of funds placed in a time
489 deposit and needed for immediate payment of county obligations.
490 Except for interest earned on moneys deposited in the registry
491 of the court, all interest accruing from moneys deposited shall
492 be deemed income of the county and may be expended as receipts
493 of the county as approved by the board of county commissioners
494 pursuant to chapter 129 office of the clerk of the circuit court
495 investing such moneys and shall be deposited in the same account
496 as are other fees and commissions of the clerk’s office. The
497 clerk may invest moneys deposited in the registry of the court
498 and shall retain as income of the office of the clerk and as a
499 reasonable investment management fee 10 percent of the interest
500 accruing on those funds with the balance of such interest being
501 allocated in accordance with the interest of the depositors.
502 Section 7. Subsection (1) of section 34.041, Florida
503 Statutes, is amended to read:
504 34.041 Filing fees.—
505 (1)(a) Upon the institution of any civil action, suit, or
506 proceeding in county court, the party shall pay the following
507 filing fee, not to exceed:
508 1. For all claims less than $100.....................$50.
509 2. For all claims of $100 or more but not morethan $500$75.
510 3. For all claims of more than $500 but not more than
511 $2,500.....................................................$170.
512 4. For all claims of more than $2,500...............$295.
513 5. In addition, for all proceedings of garnishment,
514 attachment, replevin, and distress..........................$85.
515 6. Notwithstanding subparagraphs 3. and 5., for all claims
516 of not more than $1,000 filed simultaneously with an action for
517 replevin of property that is the subject of the claim......$125.
518 7.6. For removal of tenant action..............$180 $265.
519 (b) The first $80 of the filing fee collected under
520 subparagraph (a)4. shall be remitted to the Department of
521 Revenue for deposit into the General Revenue Fund. The next $15
522 of the filing fee collected under subparagraph (a)4., and the
523 first $10 $15 of the each filing fee collected under
524 subparagraph (a)7. subparagraph (a)6., shall be deposited in the
525 state courts’ Mediation and Arbitration Trust Fund. One-third of
526 any filing fees collected by the clerk under this section in
527 excess of the first $95 collected under subparagraph (a)4. shall
528 be remitted to the Department of Revenue for deposit into the
529 Department of Revenue Clerks of the Court Trust Fund. An
530 additional filing fee of $4 shall be paid to the clerk. The
531 clerk shall transfer $3.50 to the Department of Revenue for
532 deposit into the Court Education Trust Fund and shall transfer
533 50 cents to the Department of Revenue for deposit into the
534 Department of Financial Services’ Administrative Trust Fund to
535 fund clerk education. Postal charges incurred by the clerk of
536 the county court in making service by mail on defendants or
537 other parties shall be paid by the party at whose instance
538 service is made. Except as provided herein, filing fees and
539 service charges for performing duties of the clerk relating to
540 the county court shall be as provided in ss. 28.24 and 28.241.
541 Except as otherwise provided herein, all filing fees shall be
542 retained as fee income of the office of the clerk of circuit
543 court. Filing fees imposed by this section may not be added to
544 any penalty imposed by chapter 316 or chapter 318.
545 (c) A Any party in addition to other than a party described
546 in paragraph (a) who files a pleading in an original civil
547 action in the county court for affirmative relief by cross
548 claim, counterclaim, counterpetition, or third-party complaint,
549 or who files a notice of cross-appeal or notice of joinder or
550 motion to intervene as an appellant, cross-appellant, or
551 petitioner, shall pay the clerk of court a fee of $295 if the
552 relief sought by the party under this paragraph exceeds $2,500.
553 The clerk shall remit the fee to the Department of Revenue for
554 deposit into the General Revenue Fund. This fee does shall not
555 apply if where the cross-claim, counterclaim, counterpetition,
556 or third-party complaint requires transfer of the case from
557 county to circuit court. However, the party shall pay to the
558 clerk the standard filing fee for the court to which the case is
559 to be transferred. The clerk shall remit the fee to the
560 Department of Revenue for deposit into the General Revenue Fund.
561 (d) The clerk of court shall collect a service charge of
562 $10 for issuing a summons. The clerk shall assess the fee
563 against the party seeking to have the summons issued.
564 Section 8. Section 57.081, Florida Statutes, is amended to
565 read:
566 57.081 Costs; right to proceed where prepayment of costs
567 and payment of filing fees waived.—
568 (1) Any indigent person, except a prisoner as defined in s.
569 57.085, who is a party or intervenor in any judicial or
570 administrative agency proceeding or who initiates such
571 proceeding shall receive the services of the courts, sheriffs,
572 and clerks, with respect to such proceedings, despite his or her
573 present inability to pay for these services. Such services are
574 limited to filing fees; service of process; certified copies of
575 orders or final judgments; a single photocopy of any court
576 pleading, record, or instrument filed with the clerk; examining
577 fees; mediation services and fees; private court-appointed
578 counsel fees; subpoena fees and services; service charges for
579 collecting and disbursing funds; and any other cost or service
580 arising out of pending litigation. In any appeal from an
581 administrative agency decision, for which the clerk is
582 responsible for preparing the transcript, the clerk shall record
583 the cost of preparing the transcripts and the cost for copies of
584 any exhibits in the record. Prepayment of costs to any court,
585 clerk, or sheriff is not required and payment of filing fees is
586 not required in any action if the party has obtained in each
587 proceeding a certification of indigence in accordance with s.
588 27.52 or s. 57.082.
589 (2) Any sheriff who, in complying with the terms of this
590 section, expends personal funds for automotive fuel or ordinary
591 carfare in serving the process of those qualifying under this
592 section may requisition the board of county commissioners of the
593 county for the actual expense, and on the submission to the
594 board of county commissioners of appropriate proof of any such
595 expenditure, the board of county commissioners shall pay the
596 amount of the actual expense from the general fund of the county
597 to the requisitioning officer.
598 (3) If an applicant prevails in an action, costs shall be
599 taxed in his or her favor as provided by law and, when
600 collected, shall be applied to pay filing fees or costs that
601 which otherwise would have been required and which have not been
602 paid.
603 Section 9. Subsections (1) and (6) of section 57.082,
604 Florida Statutes, are amended to read:
605 57.082 Determination of civil indigent status.—
606 (1) APPLICATION TO THE CLERK.—A person seeking appointment
607 of an attorney in a civil case eligible for court-appointed
608 counsel, or seeking relief from payment prepayment of filing
609 fees and prepayment of costs under s. 57.081, based upon an
610 inability to pay must apply to the clerk of the court for a
611 determination of civil indigent status using an application form
612 developed by the Florida Clerks of Court Operations Corporation
613 with final approval by the Supreme Court.
614 (a) The application must include, at a minimum, the
615 following financial information:
616 1. Net income, consisting of total salary and wages, minus
617 deductions required by law, including court-ordered support
618 payments.
619 2. Other income, including, but not limited to, social
620 security benefits, union funds, veterans’ benefits, workers’
621 compensation, other regular support from absent family members,
622 public or private employee pensions, unemployment compensation,
623 dividends, interest, rent, trusts, and gifts.
624 3. Assets, including, but not limited to, cash, savings
625 accounts, bank accounts, stocks, bonds, certificates of deposit,
626 equity in real estate, and equity in a boat or a motor vehicle
627 or in other tangible property.
628 4. All liabilities and debts.
629
630 The application must include a signature by the applicant which
631 attests to the truthfulness of the information provided. The
632 application form developed by the corporation must include
633 notice that the applicant may seek court review of a clerk’s
634 determination that the applicant is not indigent, as provided in
635 this section.
636 (b) The clerk shall assist a person who appears before the
637 clerk and requests assistance in completing the application, and
638 the clerk shall notify the court if a person is unable to
639 complete the application after the clerk has provided
640 assistance.
641 (c) The clerk shall accept an application that is signed by
642 the applicant and submitted on his or her behalf by a private
643 attorney who is representing the applicant in the applicable
644 matter.
645 (d) A person who seeks appointment of an attorney in a case
646 under chapter 39, at the trial or appellate level, for which an
647 indigent person is eligible for court-appointed representation,
648 shall pay a $50 application fee to the clerk for each
649 application filed. The applicant shall pay the fee within 7 days
650 after submitting the application. The clerk shall transfer
651 monthly all application fees collected under this paragraph to
652 the Department of Revenue for deposit into the Indigent Civil
653 Defense Trust Fund, to be used as appropriated by the
654 Legislature. The clerk may retain 10 percent of application fees
655 collected monthly for administrative costs prior to remitting
656 the remainder to the Department of Revenue. A person found to be
657 indigent may not be refused counsel. If the person cannot pay
658 the application fee, the clerk shall enroll the person in a
659 payment plan pursuant to s. 28.246.
660 (6) PROCESSING CHARGE; PAYMENT PLANS.—A person who the
661 clerk or the court determines is indigent for civil proceedings
662 under this section shall be enrolled in a payment plan under s.
663 28.246 and shall be charged a one-time administrative processing
664 charge under s. 28.24(26)(c). A monthly payment amount,
665 calculated based upon all fees and all anticipated costs, is
666 presumed to correspond to the person’s ability to pay if it does
667 not exceed 2 percent of the person’s annual net income, as
668 defined in subsection (1), divided by 12. The person may seek
669 review of the clerk’s decisions regarding a payment plan
670 established under s. 28.246 in the court having jurisdiction
671 over the matter. A case may not be impeded in any way, delayed
672 in filing, or delayed in its progress, including the final
673 hearing and order, due to nonpayment of any fees or costs by an
674 indigent person. Filing fees waived from payment under s. 57.081
675 may not be included in the calculation related to a payment plan
676 established under this section.
677 Section 10. Section 318.121, Florida Statutes, is amended
678 to read:
679 318.121 Preemption of additional fees, fines, surcharges,
680 and costs.—Notwithstanding any general or special law, or
681 municipal or county ordinance, additional fees, fines,
682 surcharges, or costs other than the court costs and surcharges
683 assessed under s. 318.18(11), (13), and (18), and (19) may not
684 be added to the civil traffic penalties assessed in this
685 chapter.
686 Section 11. Subsection (1) of section 318.15, Florida
687 Statutes, as amended by section 2 of chapter 2009-6, Laws of
688 Florida, is amended to read:
689 318.15 Failure to comply with civil penalty or to appear;
690 penalty.—
691 (1)(a) If a person fails to comply with the civil penalties
692 provided in s. 318.18 within the time period specified in s.
693 318.14(4), fails to attend driver improvement school, or fails
694 to appear at a scheduled hearing, the clerk of the court shall
695 notify the Division of Driver Licenses of the Department of
696 Highway Safety and Motor Vehicles of such failure within 10 days
697 after such failure. Upon receipt of such notice, the department
698 shall immediately issue an order suspending the driver’s license
699 and privilege to drive of such person effective 20 days after
700 the date the order of suspension is mailed in accordance with s.
701 322.251(1), (2), and (6). Any such suspension of the driving
702 privilege which has not been reinstated, including a similar
703 suspension imposed outside Florida, shall remain on the records
704 of the department for a period of 7 years from the date imposed
705 and shall be removed from the records after the expiration of 7
706 years from the date it is imposed.
707 (b) However, a person who elects to attend driver
708 improvement school and has paid the civil penalty as provided in
709 s. 318.14(9), but who subsequently fails to attend the driver
710 improvement school within the time specified by the court shall
711 be deemed to have admitted the infraction and shall be
712 adjudicated guilty. In such a case in which there was an 18
713 percent reduction pursuant to s. 318.14(9) as it existed before
714 February 1, 2009 prior to the effective date of this act, the
715 person must pay the clerk of the court that amount and a
716 processing fee of up to $18, after which no additional
717 penalties, court costs, or surcharges shall be imposed for the
718 violation. In all other such cases, the person must pay the
719 clerk a processing fee of up to $18, after which no additional
720 penalties, court costs, or surcharges shall be imposed for the
721 violation. The clerk of the court shall notify the department of
722 the person’s failure to attend driver improvement school and
723 points shall be assessed pursuant to s. 322.27.
724 Section 12. Subsections (18) and (19) of section 318.18,
725 Florida Statutes, as amended by section 3 of chapter 2009-6,
726 Laws of Florida, are amended to read:
727 318.18 Amount of penalties.—The penalties required for a
728 noncriminal disposition pursuant to s. 318.14 or a criminal
729 offense listed in s. 318.17 are as follows:
730 (18) In addition to any penalties imposed, an
731 administrative fee of $12.50 must be paid for all noncriminal
732 moving and nonmoving traffic violations under chapters chapter
733 316, 320, and 322. Revenue from the administrative fee shall be
734 deposited by the clerk of court into the fine and forfeiture
735 fund established pursuant to s. 142.01.
736 (19) In addition to any penalties imposed, an Article V
737 assessment of $10 must be paid for all noncriminal moving and
738 nonmoving traffic violations under chapters chapter 316, 320,
739 and 322. The assessment is not revenue for purposes of s. 28.36
740 and may not be used in establishing the budget of the clerk of
741 the court under that section or s. 28.35. Of the funds collected
742 under this subsection:
743 (a) The sum of $5 shall be deposited in the State Courts
744 Revenue Trust Fund for use by the state courts system;
745 (b) The sum of $3.33 shall be deposited in the State
746 Attorneys Revenue Trust Fund for use by the state attorneys; and
747 (c) The sum of $1.67 shall be deposited in the Public
748 Defenders Revenue Trust Fund for use by the public defenders.
749 Section 13. For the purpose of incorporating the amendments
750 made by this act to section 318.18, Florida Statutes, in
751 references thereto, subsections (18) and (19) of section 318.21,
752 Florida Statutes, as amended by section 4 of chapter 2009-6,
753 Laws of Florida, are reenacted to read:
754 318.21 Disposition of civil penalties by county courts.—All
755 civil penalties received by a county court pursuant to the
756 provisions of this chapter shall be distributed and paid monthly
757 as follows:
758 (18) Notwithstanding subsections (1) and (2), the proceeds
759 from the administrative fee imposed under s. 318.18(18) shall be
760 distributed as provided in that subsection.
761 (19) Notwithstanding subsections (1) and (2), the proceeds
762 from the Article V assessment imposed under s. 318.18(19) shall
763 be distributed as provided in that subsection.
764 Section 14. If CS for SB 412, as enacted during the 2009
765 Regular Session, becomes law, paragraph (d) is added to
766 subsection (1) of section 939.185, Florida Statutes, to read,
767 and shall supersede and prevail over amendments made to that
768 subsection by CS for SB 412:
769 939.185 Assessment of additional court costs and
770 surcharges.—
771 (1)
772 (d) The clerk of court shall cause a certified copy of the
773 court order imposing such costs to be recorded in the public
774 records. Such record constitutes a lien against the person upon
775 whom the costs are imposed and shall attach as a lien on any
776 real property owned by such person located in the county in
777 which such order is recorded in the same manner and to the same
778 extent as a judgment recorded as provided in s. 55.10. Such
779 order shall attach as a lien on any personal property owned by
780 such person located in the state upon the filing with the
781 Department of State of a judgment lien certificate regarding
782 such order as provided in ss. 55.202-55.209. A lien created
783 under this paragraph does not attach to, or make subject to
784 execution of levy or foreclosure, any real or personal property
785 otherwise exempt under s. 4, Art. X of the State Constitution. A
786 lien created under this paragraph is enforceable in the same
787 manner as provided by law.
788 Section 15. Transfer of trust funds in excess of amount
789 needed for clerk budgets.—By June 20th of each year, the Florida
790 Clerks of Court Operations Corporation shall identify the amount
791 of funds in the Clerks of Court Trust Fund in excess of the
792 amount needed to fund the approved clerk of court budgets for
793 the current state fiscal year. The Justice Administrative
794 Commission shall transfer the amount identified by the
795 corporation from the Clerks of Court Trust Fund to the General
796 Revenue Fund by June 25th of each year.
797 Section 16. Each clerk of court shall implement an
798 electronic filing process. The purpose of the electronic filing
799 process is to reduce judicial costs in the office of the clerk
800 and the judiciary, increase timeliness in the processing of
801 cases, and provide the judiciary with case-related information
802 to allow for improved judicial case management. The Legislature
803 requests that, no later than July 1, 2009, the Supreme Court set
804 statewide standards for electronic filing to be used by the
805 clerks of court to implement electronic filing. The standards
806 should specify the required information for the duties of the
807 clerks of court and the judiciary for case management. The
808 clerks of court shall begin implementation no later than October
809 1, 2009. The Florida Clerks of Court Operations Corporation
810 shall report to the President of the Senate and the Speaker of
811 the House of Representatives by March 1, 2010, on the status of
812 implementing electronic filing. The report shall include the
813 detailed status of each clerk office’s implementation of an
814 electronic filing process, and for those clerks who have not
815 fully implemented electronic filing by March 1, 2010, a
816 description of the additional steps needed and a projected
817 timeline for full implementation. Revenues provided to counties
818 and the clerk of court under s. 28.24(12)(e), Florida Statutes,
819 for information technology may also be used to implement
820 electronic filing processes.
821 Section 17. It is the intent of the Legislature that the
822 First District Court of Appeal, through a pilot project
823 conducted in cooperation with the Office of Judges of
824 Compensation Claims, implement an electronic filing system for
825 appeals of workers’ compensation cases, in part to reduce costs
826 to the Workers’ Compensation Administrative Trust Fund. To the
827 extent feasible, the system the First District Court of Appeal
828 adopts shall use, or be compatible with, the current electronic
829 filing system used by the Office of Judges of Compensation
830 Claims and shall be capable of being used to receive and
831 maintain electronic filings in other cases as may be authorized
832 in the future. The chief judge of the First District Court of
833 Appeal and the deputy chief judge of compensation claims are
834 responsible for determining when the system is capable of
835 reliably receiving electronic filings. It is further the intent
836 of the Legislature that, in cases in which a judge of
837 compensation claims enters an order finding a claimant indigent,
838 all further processing shall use the electronic system to the
839 fullest extent possible. In nonindigent cases in which an
840 electronic filer uses a credit card to pay the court’s filing
841 fee, the First District Court of Appeal may impose a reasonable
842 surcharge to recover any costs that financial institutions
843 impose for the filer’s use of the credit card, if necessary to
844 ensure that the required filing fee to the state is satisfied
845 fully. The chief judge of the First District Court of Appeal
846 shall submit a report to the President of the Senate and the
847 Speaker of the House of Representatives 9 months after the
848 system is operational, addressing use of the system and
849 identifying any statutory or fiscal factors affecting
850 implementation of the system.
851 Section 18. Notwithstanding s. 28.36, Florida Statutes, the
852 statewide budget cap for the clerks of court is $451,380,312 for
853 the 2009-2010 state fiscal year. The Florida Clerks of Court
854 Operations Corporation shall reduce the individual approved
855 budgets of the clerks of court to ensure that the sum of the
856 approved budgets does not exceed this statewide budget cap. This
857 section shall take effect only if CS for CS for Senate Bill
858 2108, as enacted during the 2009 Regular Session, does not
859 become a law.
860 Section 19. Effective on the same date as CS for CS for SB
861 2108, as enacted during the 2009 Regular Session, if that act
862 becomes law:
863 (1) By January 15, 2010, the Office of Program Policy
864 Analysis and Government Accountability, in consultation with the
865 Chief Financial Officer and the Auditor General, shall provide a
866 report to the President of the Senate and the Speaker of the
867 House of Representatives regarding the operation and functions
868 of the clerks of court and the courts. The Office of Program
869 Policy Analysis and Government Accountability shall examine who
870 is performing each court-related function, how each function is
871 funded, and how efficiently these functions are performed. The
872 clerks of court, the Florida Clerks of Court Operations
873 Corporation, and the state courts system shall cooperate fully
874 with the office and, upon request, provide any and all
875 information necessary to the review without cost or delay. The
876 report shall describe in detail the base budget for each of the
877 clerks and for the state courts system and report on the overall
878 efficiency of the current process. Administrative overhead shall
879 be calculated separately, and any apparent means to reduce such
880 overhead shall be explored and included in the report. The study
881 shall list each court-related function, a recommendation on who
882 should perform the function, and a recommendation for how to pay
883 for such function.
884 (2) The Technology Review Workgroup shall develop a
885 proposed plan for identifying and recommending options for
886 implementing the integrated computer system established in s.
887 29.008(1)(f)2., Florida Statutes. The plan shall describe the
888 approaches and processes for evaluating the existing computer
889 systems and data-sharing networks of the state courts system and
890 the clerks of the court; identifying the required business and
891 technical requirements; reliably estimating the cost, work, and
892 change requirements; and examining the use of the funds
893 collected under s. 28.24(12)(e), Florida Statutes. The plan may
894 also address any necessary policy, operational, fiscal, or
895 technical changes, including, but not limited to, potential
896 changes to the distribution and use of funds collected under s.
897 28.24(12)(e), Florida Statutes, which may be needed in order to
898 manage, implement, and operate an integrated computer system.
899 The plan shall be submitted to the President of the Senate and
900 the Speaker of the House of Representatives no later than
901 February 1, 2010. The clerks of court, the Florida Clerks of
902 Court Operations Corporation, and the state courts system shall
903 cooperate fully with the workgroup and provide any and all
904 information necessary for the completion of the project without
905 cost or delay upon request. The workgroup shall work in
906 conjunction with the Auditor General and consider the results of
907 the plans, studies, and reports of the Office of Program Policy
908 Analysis and Government Accountability under subsection (1).
909 Until July 1, 2011, each clerk shall submit a summary of all new
910 hardware and software purchases in excess of $25,000 to the
911 Florida Clerks of Court Operations Corporation on a monthly
912 basis, and the corporation shall a submit a report of all such
913 purchases to the President of the Senate and the Speaker of the
914 House of Representatives on a quarterly basis. The clerk shall
915 include a statement with the summary that the purchases were
916 made in good faith and were reasonable and necessary for the
917 continuing efficient operations of the clerk’s office.
918 (3) This section supersedes and prevails over section 18 of
919 CS for CS for Senate Bill 2108, as enacted during the 2009
920 Regular Session. However, this section shall not take effect if
921 CS for CS for Senate Bill 2108 does not become law.
922 Section 20. (1) It is the intent of the Legislature that,
923 if this act and CS for CS for Senate Bill 2108, as enacted
924 during the 2009 Regular Session or an extension thereof, both
925 become law, the Division of Statutory Revision shall read the
926 acts together and, to the extent feasible, give full effect to
927 the amendments made by this act to ss. 28.241(1)(a) and
928 34.041(1)(b), Florida Statutes, and the amendments made to those
929 paragraphs by CS for CS for Senate Bill 2108. However, it is
930 further the intent of the Legislature that, if both acts become
931 law, the amendments made by CS for CS for Senate Bill 2108 with
932 respect to the distribution of filing fees to the Clerks of the
933 Court Trust Fund, rather than the Department of Financial
934 Services’ Administrative Trust Fund, and the use of those funds
935 to fund the Florida Clerks of Court Operations Corporation,
936 shall prevail. To that end, where this act refers in its
937 amendments to ss. 28.241(1)(a) and 34.041(1)(b), Florida
938 Statutes, to the distribution of filing fees to the Department
939 of Financial Services’ Administrative Trust Fund, it is the
940 intent of the Legislature that the Division of Statutory
941 Revision change those references to the Clerks of the Court
942 Trust Fund and conform the use of those funds, including within
943 both the existing and new language of those paragraphs contained
944 in this act, consistent with CS for CS for Senate Bill 2108. It
945 is further the intent of the Legislature that, if both acts
946 become law, the division change references to the distribution
947 of $5 of filing fees under s. 28.241(1)(a), Florida Statutes,
948 including within both the existing and new language of that
949 paragraph contained in this act, to reflect the distribution
950 instead of $3.50 and $1.50, respectively, to the Clerks of Court
951 Trust Fund and the Administrative Trust Fund within the
952 Department of Financial Services, consistent with CS for CS for
953 Senate Bill 2108.
954 (2) This section shall take effect June 1, 2009.
955 Section 21. (1) CS for CS for Senate Bill 2108, as enacted
956 during the 2009 Regular Session, shall not take effect upon
957 becoming a law as specified in section 22 of that act, but shall
958 take effect July 1, 2009.
959 (2) This section shall take effect June 1, 2009.
960 Section 22. Except as otherwise expressly provided in this
961 act and except for this section, which shall take effect June 1,
962 2009, this act shall take effect July 1, 2009.