Florida Senate - 2019 SENATOR AMENDMENT
Bill No. CS for CS for HB 337
Ì252840ÆÎ252840
LEGISLATIVE ACTION
Senate . House
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Senator Brandes moved the following:
1 Senate Substitute for Amendment (197684) (with title
2 amendment)
3
4 Delete everything after the enacting clause
5 and insert:
6 Section 1. Effective January 1, 2020, subsection (1) of
7 section 26.012, Florida Statutes, is amended to read:
8 26.012 Jurisdiction of circuit court.—
9 (1) Circuit courts shall have jurisdiction of appeals from
10 county courts except:
11 (a) Appeals of county court orders or judgments where the
12 amount in controversy is greater than $15,000. This paragraph is
13 repealed on January 1, 2023.
14 (b) Appeals of county court orders or judgments declaring
15 invalid a state statute or a provision of the State
16 Constitution. and except
17 (c) Orders or judgments of a county court which are
18 certified by the county court to the district court of appeal to
19 be of great public importance and which are accepted by the
20 district court of appeal for review.
21
22 Circuit courts shall have jurisdiction of appeals from final
23 administrative orders of local government code enforcement
24 boards.
25 Section 2. Paragraph (f) of subsection (2) of section
26 28.35, Florida Statutes, is amended to read:
27 28.35 Florida Clerks of Court Operations Corporation.—
28 (2) The duties of the corporation shall include the
29 following:
30 (f) Approving the proposed budgets submitted by clerks of
31 the court pursuant to s. 28.36. The corporation must ensure that
32 the total combined budgets of the clerks of the court do not
33 exceed the total estimated revenues from fees, service charges,
34 costs, and fines for court-related functions available for
35 court-related expenditures as determined by the most recent
36 Revenue Estimating Conference, plus the total of unspent
37 budgeted funds for court-related functions carried forward by
38 the clerks of the court from the previous county fiscal year and
39 plus the balance of funds remaining in the Clerk of the Court
40 Trust Fund after the transfer of funds to the General Revenue
41 Fund required pursuant to s. 28.37(3)(b). The corporation may
42 amend any individual clerk of the court budget to ensure
43 compliance with this paragraph and must consider performance
44 measures, workload performance standards, workload measures, and
45 expense data before modifying the budget. As part of this
46 process, the corporation shall:
47 1. Calculate the minimum amount of revenue necessary for
48 each clerk of the court to efficiently perform the list of
49 court-related functions specified in paragraph (3)(a). The
50 corporation shall apply the workload measures appropriate for
51 determining the individual level of review required to fund the
52 clerk’s budget.
53 2. Prepare a cost comparison of similarly situated clerks
54 of the court, based on county population and numbers of filings,
55 using the standard list of court-related functions specified in
56 paragraph (3)(a).
57 3. Conduct an annual base budget review and an annual
58 budget exercise examining the total budget of each clerk of the
59 court. The review shall examine revenues from all sources,
60 expenses of court-related functions, and expenses of noncourt
61 related functions as necessary to determine that court-related
62 revenues are not being used for noncourt-related purposes. The
63 review and exercise shall identify potential targeted budget
64 reductions in the percentage amount provided in Schedule VIII-B
65 of the state’s previous year’s legislative budget instructions,
66 as referenced in s. 216.023(3), or an equivalent schedule or
67 instruction as may be adopted by the Legislature.
68 4. Identify those proposed budgets containing funding for
69 items not included on the standard list of court-related
70 functions specified in paragraph (3)(a).
71 5. Identify those clerks projected to have court-related
72 revenues insufficient to fund their anticipated court-related
73 expenditures.
74 6. Use revenue estimates based on the official estimate for
75 funds from fees, service charges, costs, and fines for court
76 related functions accruing to the clerks of the court made by
77 the Revenue Estimating Conference, as well as any unspent
78 budgeted funds for court-related functions carried forward by
79 the clerks of the court from the previous county fiscal year and
80 the balance of funds remaining in the Clerk of the Court Trust
81 Fund after the transfer of funds to the General Revenue Fund
82 required pursuant to s. 28.37(3)(b). The total combined budgets
83 of the clerks of the court may not exceed the revenue estimates
84 established by the most recent Revenue Estimating Conference.
85 7. Identify pay and benefit increases in any proposed clerk
86 budget, including, but not limited to, cost of living increases,
87 merit increases, and bonuses.
88 8. Identify increases in anticipated expenditures in any
89 clerk budget that exceeds the current year budget by more than 3
90 percent.
91 9. Identify the budget of any clerk which exceeds the
92 average budget of similarly situated clerks by more than 10
93 percent.
94
95 For the purposes of this paragraph, the term “unspent budgeted
96 funds for court-related functions” means undisbursed funds
97 included in the clerks of the courts budgets for court-related
98 functions established pursuant to this section and s. 28.36.
99 Section 3. Paragraph (b) of subsection (2) of section
100 28.36, Florida Statutes, is amended to read:
101 28.36 Budget procedure.—There is established a budget
102 procedure for the court-related functions of the clerks of the
103 court.
104 (2) Each proposed budget shall further conform to the
105 following requirements:
106 (b) The proposed budget must be balanced such that the
107 total of the estimated revenues available equals or exceeds the
108 total of the anticipated expenditures. Such revenues include
109 revenue projected to be received from fees, service charges,
110 costs, and fines for court-related functions during the fiscal
111 period covered by the budget, plus the total of unspent budgeted
112 funds for court-related functions carried forward by the clerk
113 of the court from the previous county fiscal year and plus the
114 portion of the balance of funds remaining in the Clerk of the
115 Court Trust Fund after the transfer of funds to the General
116 Revenue Fund required pursuant to s. 28.37(3)(b) which has been
117 allocated to each respective clerk of the court by the Clerk of
118 Courts Corporation. For the purposes of this paragraph, the term
119 “unspent budgeted funds for court-related functions” means
120 undisbursed funds included in the clerk of the courts’ budget
121 for court related functions established pursuant to s. 28.35 and
122 this section. The anticipated expenditures must be itemized as
123 required by the corporation.
124 Section 4. Subsection (3) of section 28.37, Florida
125 Statutes, is amended to read:
126 28.37 Fines, fees, service charges, and costs remitted to
127 the state.—
128 (3)(a) Each year, no later than January 25, 2015, and each
129 January 25 thereafter for the previous county fiscal year, the
130 clerks of court, in consultation with the Florida Clerks of
131 Court Operations Corporation, shall remit to the Department of
132 Revenue for deposit in the Clerks of the Court Trust Fund
133 General Revenue Fund the cumulative excess of all fines, fees,
134 service charges, and costs retained by the clerks of the court,
135 plus any funds received by the clerks of the court from the
136 Clerks of the Court Trust Fund under s. 28.36(3), which exceed
137 the amount needed to meet their authorized budget amounts
138 established under s. 28.35.
139 (b)1. No later than February 1, 2020, the Department of
140 Revenue shall transfer from the Clerks of the Court Trust Fund
141 to the General Revenue Fund the sum of the cumulative excess of
142 all fines, fees, service charges, and costs submitted by the
143 clerks of court pursuant to subsection (2) and the cumulative
144 excess of all fines, fees, service charges, and costs remitted
145 by the clerks of court pursuant to paragraph (a) in excess of
146 $10 million.
147 2. No later than February 1, 2021, the Department of
148 Revenue shall transfer from the Clerks of the Court Trust Fund
149 to the General Revenue Fund not less than 50 percent of the sum
150 of the cumulative excess of all fines, fees, service charges,
151 and costs submitted by the clerks of court pursuant to
152 subsection (2) and the cumulative excess of all fines, fees,
153 service charges, and costs remitted by the clerks of court
154 pursuant to paragraph (a); provided however, the balance
155 remaining in the Clerks of Courts Trust Fund after such transfer
156 may not be more than $20 million.
157 3. No later than February 1, 2022, the Department of
158 Revenue shall transfer from the Clerks of the Court Trust Fund
159 to the General Revenue Fund not less than 50 percent of the sum
160 of the cumulative excess of all fines, fees, service charges,
161 and costs submitted by the clerks of court pursuant to
162 subsection (2) and the cumulative excess of all fines, fees,
163 service charges, and costs remitted by the clerks of court
164 pursuant to paragraph (a); provided however, the balance
165 remaining in the Clerks of Courts Trust Fund after such transfer
166 may not be more than $20 million.
167 4. No later than February 1, 2023, and each February 1
168 thereafter, the Department of Revenue shall transfer from the
169 Clerks of the Court Trust Fund to the General Revenue Fund the
170 cumulative excess of all fines, fees, service charges, and costs
171 submitted by the clerks of court pursuant to subsection (2) and
172 the cumulative excess of all fines, fees, service charges, and
173 costs remitted by the clerks of court pursuant to paragraph (a).
174 The Department of Revenue shall transfer from the Clerks of
175 Court Trust Fund to the General Revenue Fund the cumulative
176 excess of all fines, fees, service charges, and costs submitted
177 by the clerks of court pursuant to subsection (2). However, if
178 the official estimate for funds accruing to the clerks of court
179 made by the Revenue Estimating Conference for the current fiscal
180 year or the next fiscal year is less than the cumulative amount
181 of authorized budgets for the clerks of court for the current
182 fiscal year, the Department of Revenue shall retain in the
183 Clerks of the Court Trust Fund the estimated amount needed to
184 fully fund the clerks of court for the current and next fiscal
185 year based upon the current budget established under s. 28.35.
186 Section 5. Effective upon this act becoming a law and
187 retroactive to July 1, 2008, paragraphs (b) and (d) of
188 subsection (1) of section 27.52, Florida Statutes, are amended
189 to read:
190 27.52 Determination of indigent status.—
191 (1) APPLICATION TO THE CLERK.—A person seeking appointment
192 of a public defender under s. 27.51 based upon an inability to
193 pay must apply to the clerk of the court for a determination of
194 indigent status using an application form developed by the
195 Florida Clerks of Court Operations Corporation with final
196 approval by the Supreme Court.
197 (b) An applicant shall pay a $50 application fee to the
198 clerk for each application for court-appointed counsel filed.
199 The applicant shall pay the fee within 7 days after submitting
200 the application. If the applicant does not pay the fee prior to
201 the disposition of the case, the clerk shall notify the court,
202 and the court shall:
203 1. Assess the application fee as part of the sentence or as
204 a condition of probation; or
205 2. Assess the application fee pursuant to s. 938.29.
206 (d) All application fees collected by the clerk under this
207 section shall be transferred monthly by the clerk to the
208 Department of Revenue for deposit in the Indigent Criminal
209 Defense Trust Fund administered by the Justice Administrative
210 Commission, to be used to as appropriated by the Legislature.
211 The clerk may retain 2 percent of application fees collected
212 monthly for administrative costs from which the clerk shall
213 remit $0.20 from each application fee to the Department of
214 Revenue for deposit into the General Revenue Fund prior to
215 remitting the remainder to the Department of Revenue for deposit
216 in the Indigent Criminal Defense Trust Fund.
217 Section 6. Effective upon this act becoming a law and
218 retroactive to July 1, 2008, subsections (1), (2), (3), (4),
219 (6), and (8), paragraph (b) of subsection (10), subsections
220 (13), (14), (16), (17), (18), (19), (20), and (25), and
221 paragraph (a) of subsection (26) of section 28.24, Florida
222 Statutes, are amended to read:
223 28.24 Service charges.—The clerk of the circuit court shall
224 charge for services rendered manually or electronically by the
225 clerk’s office in recording documents and instruments and in
226 performing other specified duties. These charges may not exceed
227 those specified in this section, except as provided in s.
228 28.345.
229
230 Charges
231
232 (1) For examining, comparing, correcting, verifying, and
233 certifying transcripts of record in appellate proceedings,
234 prepared by attorney for appellant or someone else other than
235 clerk, per page 5.00, from which the clerk shall remit 0.50 per
236 page to the Department of Revenue for deposit into the General
237 Revenue Fund.
238 (2) For preparing, numbering, and indexing an original
239 record of appellate proceedings, per instrument 3.50, from which
240 the clerk shall remit 0.50 per instrument to the Department of
241 Revenue for deposit into the General Revenue Fund.
242 (3) For certifying copies of any instrument in the public
243 records 2.00, from which the clerk shall remit 0.50 to the
244 Department of Revenue for deposit into the General Revenue Fund.
245 (4) For verifying any instrument presented for
246 certification prepared by someone other than clerk, per page
247 3.50, from which the clerk shall remit 0.50 per page to the
248 Department of Revenue for deposit into the General Revenue Fund.
249 (6) For making microfilm copies of any public records:
250 (a) 16 mm 100′ microfilm roll 42.00, from which the clerk
251 shall remit 4.50 to the Department of Revenue for deposit into
252 the General Revenue Fund.
253 (b) 35 mm 100′ microfilm roll 60.00, from which the clerk
254 shall remit 7.50 to the Department of Revenue for deposit into
255 the General Revenue Fund.
256 (c) Microfiche, per fiche 3.50, from which the clerk shall
257 remit 0.50 to the Department of Revenue for deposit into the
258 General Revenue Fund.
259 (8) For writing any paper other than herein specifically
260 mentioned, same as for copying, including signing and sealing
261 7.00, from which the clerk shall remit 1.00 to the Department of
262 Revenue for deposit into the General Revenue Fund.
263 (10) For receiving money into the registry of court:
264 (b) Eminent domain actions, per deposit 170.00, from which
265 the clerk shall remit 20.00 per deposit to the Department of
266 Revenue for deposit into the General Revenue Fund.
267 (13) Oath, administering, attesting, and sealing, not
268 otherwise provided for herein 3.50, from which the clerk shall
269 remit 0.50 to the Department of Revenue for deposit into the
270 General Revenue Fund.
271 (14) For validating certificates, any authorized bonds,
272 each 3.50, from which the clerk shall remit 0.50 each to the
273 Department of Revenue for deposit into the General Revenue Fund.
274 (16) For exemplified certificates, including signing and
275 sealing 7.00, from which the clerk shall remit 1.00 to the
276 Department of Revenue for deposit into the General Revenue Fund.
277 (17) For authenticated certificates, including signing and
278 sealing 7.00, from which the clerk shall remit 1.00 to the
279 Department of Revenue for deposit into the General Revenue Fund.
280 (18)(a) For issuing and filing a subpoena for a witness,
281 not otherwise provided for herein (includes writing, preparing,
282 signing, and sealing) 7.00, from which the clerk shall remit
283 1.00 to the Department of Revenue for deposit into the General
284 Revenue Fund.
285 (b) For signing and sealing only 2.00, from which the clerk
286 shall remit 0.50 to the Department of Revenue for deposit into
287 the General Revenue Fund.
288 (19) For approving bond 8.50, from which the clerk shall
289 remit 1.00 to the Department of Revenue for deposit into the
290 General Revenue Fund.
291 (20) For searching of records, for each year’s search 2.00,
292 from which the clerk shall remit 0.50 for each year’s search to
293 the Department of Revenue for deposit into the General Revenue
294 Fund.
295 (25) For sealing any court file or expungement of any
296 record 42.00, from which the clerk shall remit 4.50 to the
297 Department of Revenue for deposit into the General Revenue Fund.
298 (26)(a) For receiving and disbursing all restitution
299 payments, per payment 3.50, from which the clerk shall remit
300 0.50 per payment to the Department of Revenue for deposit into
301 the General Revenue Fund.
302 Section 7. Effective upon this act becoming a law and
303 retroactive to July 1, 2008, subsection (1) of section 28.2401,
304 Florida Statutes, is amended to read:
305 28.2401 Service charges and filing fees in probate
306 matters.—
307 (1) Except when otherwise provided, the clerk may impose
308 service charges or filing fees for the following services or
309 filings, not to exceed the following amounts:
310 (a) Fee for the opening of any estate of one document or
311 more, including, but not limited to, petitions and orders to
312 approve settlement of minor’s claims; to open a safe-deposit
313 box; to enter rooms and places; for the determination of heirs,
314 if not formal administration; and for a foreign guardian to
315 manage property of a nonresident; but not to include issuance of
316 letters or order of summary administration..................$230
317 (b) Charge for caveat.................................$40
318 (c) Fee for petition and order to admit foreign wills,
319 authenticated copies, exemplified copies, or transcript to
320 record......................................................$230
321 (d) Fee for disposition of personal property without
322 administration..............................................$230
323 (e) Fee for summary administration—estates valued at $1,000
324 or more.....................................................$340
325 (f) Fee for summary administration—estates valued at less
326 than $1,000.................................................$230
327 (g) Fee for formal administration, guardianship, ancillary,
328 curatorship, or conservatorship proceedings.................$395
329 (h) Fee for guardianship proceedings of person only..$230
330 (i) Fee for veterans’ guardianship pursuant to chapter
331 744.........................................................$230
332 (j) Charge for exemplified certificates................$7
333 (k) Fee for petition for determination of incompetency$230
334
335 The clerk shall remit $115 of each filing fee collected under
336 paragraphs (a), (c)-(i), and (k) to the Department of Revenue
337 for deposit into the State Courts Revenue Trust Fund and shall
338 remit $15 of each filing fee collected under paragraphs (a),
339 (c), (d), (f), (h), (i) and (k), $1 of each filing fee collected
340 under paragraph (j), $5 of each filing fee collected under
341 paragraph (b), $25 of each filing fee collected under paragraph
342 (e), and $30 of each filing fee collected under paragraph (g) to
343 the Department of Revenue for deposit into the General Revenue
344 Fund.
345 Section 8. Effective upon this act becoming a law and
346 retroactive to July 1, 2008, subsections (1) and (2) of section
347 28.241, Florida Statutes, are amended to read:
348 28.241 Filing fees for trial and appellate proceedings.—
349 (1) Filing fees are due at the time a party files a
350 pleading to initiate a proceeding or files a pleading for
351 relief. Reopen fees are due at the time a party files a pleading
352 to reopen a proceeding if at least 90 days have elapsed since
353 the filing of a final order or final judgment with the clerk. If
354 a fee is not paid upon the filing of the pleading as required
355 under this section, the clerk shall pursue collection of the fee
356 pursuant to s. 28.246.
357 (a)1.a. Except as provided in sub-subparagraph b. and
358 subparagraph 2., the party instituting any civil action, suit,
359 or proceeding in the circuit court shall pay to the clerk of
360 that court a filing fee of up to $395 in all cases in which
361 there are not more than five defendants and an additional filing
362 fee of up to $2.50, from which the clerk shall remit $0.50 to
363 the Department of Revenue for deposit into the General Revenue
364 Fund, for each defendant in excess of five. Of the first $200 in
365 filing fees, $195 must be remitted to the Department of Revenue
366 for deposit into the State Courts Revenue Trust Fund, $4 must be
367 remitted to the Department of Revenue for deposit into the
368 Administrative Trust Fund within the Department of Financial
369 Services and used to fund the contract with the Florida Clerks
370 of Court Operations Corporation created in s. 28.35, and $1 must
371 be remitted to the Department of Revenue for deposit into the
372 Administrative Trust Fund within the Department of Financial
373 Services to fund audits of individual clerks’ court-related
374 expenditures conducted by the Department of Financial Services.
375 By the 10th of each month, the clerk shall submit that portion
376 of the filing fees collected in the previous month which is in
377 excess of one-twelfth of the clerk’s total budget to the
378 Department of Revenue for deposit into the Clerks of the Court
379 Trust Fund.
380 b. The party instituting any civil action, suit, or
381 proceeding in the circuit court under chapter 39, chapter 61,
382 chapter 741, chapter 742, chapter 747, chapter 752, or chapter
383 753 shall pay to the clerk of that court a filing fee of up to
384 $295 in all cases in which there are not more than five
385 defendants and an additional filing fee of up to $2.50 for each
386 defendant in excess of five. Of the first $100 in filing fees,
387 $95 must be remitted to the Department of Revenue for deposit
388 into the State Courts Revenue Trust Fund, $4 must be remitted to
389 the Department of Revenue for deposit into the Administrative
390 Trust Fund within the Department of Financial Services and used
391 to fund the contract with the Florida Clerks of Court Operations
392 Corporation created in s. 28.35, and $1 must be remitted to the
393 Department of Revenue for deposit into the Administrative Trust
394 Fund within the Department of Financial Services to fund audits
395 of individual clerks’ court-related expenditures conducted by
396 the Department of Financial Services.
397 c. An additional filing fee of $4 shall be paid to the
398 clerk. The clerk shall remit $3.50 to the Department of Revenue
399 for deposit into the Court Education Trust Fund and shall remit
400 50 cents to the Department of Revenue for deposit into the
401 Administrative Trust Fund within the Department of Financial
402 Services to fund clerk education provided by the Florida Clerks
403 of Court Operations Corporation. An additional filing fee of up
404 to $18 shall be paid by the party seeking each severance that is
405 granted, from which the clerk shall remit $3 to the Department
406 of Revenue for deposit into the General Revenue Fund. The clerk
407 may impose an additional filing fee of up to $85, from which the
408 clerk shall remit $10 to the Department of Revenue for deposit
409 into the General Revenue Fund, for all proceedings of
410 garnishment, attachment, replevin, and distress. Postal charges
411 incurred by the clerk of the circuit court in making service by
412 certified or registered mail on defendants or other parties
413 shall be paid by the party at whose instance service is made.
414 Additional fees, charges, or costs may not be added to the
415 filing fees imposed under this section, except as authorized in
416 this section or by general law.
417 2.a. Notwithstanding the fees prescribed in subparagraph
418 1., a party instituting a civil action in circuit court relating
419 to real property or mortgage foreclosure shall pay a graduated
420 filing fee based on the value of the claim.
421 b. A party shall estimate in writing the amount in
422 controversy of the claim upon filing the action. For purposes of
423 this subparagraph, the value of a mortgage foreclosure action is
424 based upon the principal due on the note secured by the
425 mortgage, plus interest owed on the note and any moneys advanced
426 by the lender for property taxes, insurance, and other advances
427 secured by the mortgage, at the time of filing the foreclosure.
428 The value shall also include the value of any tax certificates
429 related to the property. In stating the value of a mortgage
430 foreclosure claim, a party shall declare in writing the total
431 value of the claim, as well as the individual elements of the
432 value as prescribed in this sub-subparagraph.
433 c. In its order providing for the final disposition of the
434 matter, the court shall identify the actual value of the claim.
435 The clerk shall adjust the filing fee if there is a difference
436 between the estimated amount in controversy and the actual value
437 of the claim and collect any additional filing fee owed or
438 provide a refund of excess filing fee paid.
439 d. The party shall pay a filing fee of:
440 (I) Three hundred and ninety-five dollars in all cases in
441 which the value of the claim is $50,000 or less and in which
442 there are not more than five defendants. The party shall pay an
443 additional filing fee of up to $2.50 for each defendant in
444 excess of five. Of the first $200 in filing fees, $195 must be
445 remitted by the clerk to the Department of Revenue for deposit
446 into the General Revenue Fund, $4 must be remitted to the
447 Department of Revenue for deposit into the Administrative Trust
448 Fund within the Department of Financial Services and used to
449 fund the contract with the Florida Clerks of Court Operations
450 Corporation created in s. 28.35, and $1 must be remitted to the
451 Department of Revenue for deposit into the Administrative Trust
452 Fund within the Department of Financial Services to fund audits
453 of individual clerks’ court-related expenditures conducted by
454 the Department of Financial Services;
455 (II) Nine hundred dollars in all cases in which the value
456 of the claim is more than $50,000 but less than $250,000 and in
457 which there are not more than five defendants. The party shall
458 pay an additional filing fee of up to $2.50 for each defendant
459 in excess of five. Of the first $705 in filing fees, $700 must
460 be remitted by the clerk to the Department of Revenue for
461 deposit into the General Revenue Fund, except that the first
462 $1.5 million in such filing fees remitted to the Department of
463 Revenue and deposited into the General Revenue Fund in fiscal
464 year 2018-2019 shall be distributed to the Miami-Dade County
465 Clerk of Court; $4 must be remitted to the Department of Revenue
466 for deposit into the Administrative Trust Fund within the
467 Department of Financial Services and used to fund the contract
468 with the Florida Clerks of Court Operations Corporation created
469 in s. 28.35; and $1 must be remitted to the Department of
470 Revenue for deposit into the Administrative Trust Fund within
471 the Department of Financial Services to fund audits of
472 individual clerks’ court-related expenditures conducted by the
473 Department of Financial Services; or
474 (III) One thousand nine hundred dollars in all cases in
475 which the value of the claim is $250,000 or more and in which
476 there are not more than five defendants. The party shall pay an
477 additional filing fee of up to $2.50 for each defendant in
478 excess of five. Of the first $1,705 in filing fees, $930 must be
479 remitted by the clerk to the Department of Revenue for deposit
480 into the General Revenue Fund, $770 must be remitted to the
481 Department of Revenue for deposit into the State Courts Revenue
482 Trust Fund, $4 must be remitted to the Department of Revenue for
483 deposit into the Administrative Trust Fund within the Department
484 of Financial Services to fund the contract with the Florida
485 Clerks of Court Operations Corporation created in s. 28.35, and
486 $1 must be remitted to the Department of Revenue for deposit
487 into the Administrative Trust Fund within the Department of
488 Financial Services to fund audits of individual clerks’ court
489 related expenditures conducted by the Department of Financial
490 Services.
491 e. An additional filing fee of $4 shall be paid to the
492 clerk. The clerk shall remit $3.50 to the Department of Revenue
493 for deposit into the Court Education Trust Fund and shall remit
494 50 cents to the Department of Revenue for deposit into the
495 Administrative Trust Fund within the Department of Financial
496 Services to fund clerk education provided by the Florida Clerks
497 of Court Operations Corporation. An additional filing fee of up
498 to $18 shall be paid by the party seeking each severance that is
499 granted. The clerk may impose an additional filing fee of up to
500 $85 for all proceedings of garnishment, attachment, replevin,
501 and distress. Postal charges incurred by the clerk of the
502 circuit court in making service by certified or registered mail
503 on defendants or other parties shall be paid by the party at
504 whose instance service is made. Additional fees, charges, or
505 costs may not be added to the filing fees imposed under this
506 section, except as authorized in this section or by general law.
507 (b) A party reopening any civil action, suit, or proceeding
508 in the circuit court shall pay to the clerk of court a filing
509 fee set by the clerk in an amount not to exceed $50. For
510 purposes of this section, a case is reopened after all appeals
511 have been exhausted or time to file an appeal from a final order
512 or final judgment has expired. A reopen fee may be assessed by
513 the clerk for any motion filed by any party at least 90 days
514 after a final order or final judgment has been filed with the
515 clerk in the initial case. A reservation of jurisdiction by a
516 court does not cause a case to remain open for purposes of this
517 section or exempt a party from paying a reopen fee. A party is
518 exempt from paying the fee for any of the following:
519 1. A writ of garnishment;
520 2. A writ of replevin;
521 3. A distress writ;
522 4. A writ of attachment;
523 5. A motion for rehearing filed within 10 days;
524 6. A motion for attorney’s fees filed within 30 days after
525 entry of a judgment or final order;
526 7. A motion for dismissal filed after a mediation agreement
527 has been filed;
528 8. A disposition of personal property without
529 administration;
530 9. Any probate case prior to the discharge of a personal
531 representative;
532 10. Any guardianship pleading prior to discharge;
533 11. Any mental health pleading;
534 12. Motions to withdraw by attorneys;
535 13. Motions exclusively for the enforcement of child
536 support orders;
537 14. A petition for credit of child support;
538 15. A Notice of Intent to Relocate and any order issuing as
539 a result of an uncontested relocation;
540 16. Stipulations and motions to enforce stipulations;
541 17. Responsive pleadings;
542 18. Cases in which there is no initial filing fee; or
543 19. Motions for contempt.
544 (c)1. A party in addition to a party described in sub
545 subparagraph (a)1.a. who files a pleading in an original civil
546 action in circuit court for affirmative relief by cross-claim,
547 counterclaim, counterpetition, or third-party complaint shall
548 pay the clerk of court a fee of $395. A party in addition to a
549 party described in sub-subparagraph (a)1.b. who files a pleading
550 in an original civil action in circuit court for affirmative
551 relief by cross-claim, counterclaim, counterpetition, or third
552 party complaint shall pay the clerk of court a fee of $295. The
553 clerk shall deposit the fee into the fine and forfeiture fund
554 established pursuant to s. 142.01.
555 2. A party in addition to a party described in subparagraph
556 (a)2. who files a pleading in an original civil action in
557 circuit court for affirmative relief by cross-claim,
558 counterclaim, counterpetition, or third-party complaint shall
559 pay the clerk of court a graduated fee of:
560 a. Three hundred and ninety-five dollars in all cases in
561 which the value of the pleading is $50,000 or less;
562 b. Nine hundred dollars in all cases in which the value of
563 the pleading is more than $50,000 but less than $250,000; or
564 c. One thousand nine hundred dollars in all cases in which
565 the value of the pleading is $250,000 or more.
566
567 The clerk shall deposit the fees collected under this
568 subparagraph into the fine and forfeiture fund established
569 pursuant to s. 142.01.
570 (d) The clerk of court shall collect a service charge of
571 $10 for issuing an original, a certified copy, or an electronic
572 certified copy of a summons, which the clerk shall remit to the
573 Department of Revenue for deposit into the General Revenue Fund.
574 The clerk shall assess the fee against the party seeking to have
575 the summons issued.
576 (2) Upon the institution of any appellate proceeding from
577 any lower court to the circuit court of any such county,
578 including appeals filed by a county or municipality as provided
579 in s. 34.041(5), or from the county or circuit court to an
580 appellate court of the state, the clerk shall charge and collect
581 from the party or parties instituting such appellate proceedings
582 a filing fee not to exceed $280, from which the clerk shall
583 remit $20 to the Department of Revenue for deposit into the
584 General Revenue Fund, for filing a notice of appeal from the
585 county court to the circuit court and, in addition to the filing
586 fee required under s. 25.241 or s. 35.22, $100 for filing a
587 notice of appeal from the county or circuit court to the
588 district court of appeal or to the Supreme Court. If the party
589 is determined to be indigent, the clerk shall defer payment of
590 the fee otherwise required by this subsection.
591 Section 9. Effective January 1, 2020, subsection (1) of
592 section 34.01, Florida Statutes, is amended to read:
593 34.01 Jurisdiction of county court.—
594 (1) County courts shall have original jurisdiction:
595 (a) In all misdemeanor cases not cognizable by the circuit
596 courts.;
597 (b) Of all violations of municipal and county ordinances.;
598 (c) Of all actions at law, except those within the
599 exclusive jurisdiction of the circuit courts, in which the
600 matter in controversy does not exceed the sum of $15,000,
601 exclusive of interest, costs, and attorney attorney’s fees:,
602 except those within the exclusive jurisdiction of the circuit
603 courts; and
604 1. If filed on or before December 31, 2019, the sum of
605 $15,000.
606 2. If filed on or after January 1, 2020, the sum of
607 $30,000.
608 3. If filed on or after January 1, 2023, the sum of
609 $50,000.
610 (d) Of disputes occurring in the homeowners’ associations
611 as described in s. 720.311(2)(a), which shall be concurrent with
612 jurisdiction of the circuit courts.
613
614 By February 1, 2021, the Office of the State Courts
615 Administrator shall submit a report to the Governor, the
616 President of the Senate, and the Speaker of the House of
617 Representatives. The report must make recommendations regarding
618 the adjustment of county court jurisdiction, including, but not
619 limited to, consideration of the claim value of filings in
620 county court and circuit court, case events, timeliness in
621 processing cases, and any fiscal impact to the state as a result
622 of adjusted jurisdictional limits. The clerks of the circuit
623 court and county court shall provide claim value data and
624 necessary case event data to the office to be used in
625 development of the report. The report must also include a review
626 of fees to ensure that the court system is adequately funded and
627 a review of the appellate jurisdiction of the district courts
628 and the circuit courts, including the use of appellate panels by
629 circuit courts.
630 Section 10. Effective upon this act becoming a law and
631 retroactive to July 1, 2008, paragraphs (a), (b), (c), and (d)
632 of subsection (1) of section 34.041, Florida Statutes, are
633 amended, and paragraph (e) is added to that subsection, to read:
634 34.041 Filing fees.—
635 (1)(a) Filing fees are due at the time a party files a
636 pleading to initiate a proceeding or files a pleading for
637 relief. Reopen fees are due at the time a party files a pleading
638 to reopen a proceeding if at least 90 days have elapsed since
639 the filing of a final order or final judgment with the clerk. If
640 a fee is not paid upon the filing of the pleading as required
641 under this section, the clerk shall pursue collection of the fee
642 pursuant to s. 28.246. Upon the institution of any civil action,
643 suit, or proceeding in county court, the party shall pay the
644 following filing fee, not to exceed:
645 1. For all claims less than $100.....................$50.
646 2. For all claims of $100 or more but not more than
647 $500........................................................$75.
648 3. For all claims of more than $500 but not more than
649 $2,500.........$170, from which the clerk shall remit $20 to the
650 Department of Revenue for deposit into the General Revenue Fund.
651 4. For all claims of more than $2,500 but not more than
652 $15,000....................................................$295.
653 5. For all claims more than $15,000.................$395.
654 6.5. In addition, for all proceedings of garnishment,
655 attachment, replevin, and distress.....$85, from which the clerk
656 shall remit $10 to the Department of Revenue for deposit into
657 the General Revenue Fund.
658 7.6. Notwithstanding subparagraphs 3. and 6. 5., for all
659 claims of not more than $1,000 filed simultaneously with an
660 action for replevin of property that is the subject of the
661 claim......................................................$125.
662 8.7. For removal of tenant action...................$180.
663
664 The filing fee in subparagraph 7. 6. is the total fee due under
665 this paragraph for that type of filing, and no other filing fee
666 under this paragraph may be assessed against such a filing.
667 (b) The first $15 of the filing fee collected under
668 subparagraph (a)4. and the first $10 of the filing fee collected
669 under subparagraph (a)8. subparagraph (a)7. shall be deposited
670 in the State Courts Revenue Trust Fund. By the 10th day of each
671 month, the clerk shall submit that portion of the fees collected
672 in the previous month which is in excess of one-twelfth of the
673 clerk’s total budget for the performance of court-related
674 functions to the Department of Revenue for deposit into the
675 Clerks of the Court Trust Fund. An additional filing fee of $4
676 shall be paid to the clerk. The clerk shall transfer $3.50 to
677 the Department of Revenue for deposit into the Court Education
678 Trust Fund and shall transfer 50 cents to the Department of
679 Revenue for deposit into the Administrative Trust Fund within
680 the Department of Financial Services to fund clerk education
681 provided by the Florida Clerks of Court Operations Corporation.
682 Postal charges incurred by the clerk of the county court in
683 making service by mail on defendants or other parties shall be
684 paid by the party at whose instance service is made. Except as
685 provided in this section, filing fees and service charges for
686 performing duties of the clerk relating to the county court
687 shall be as provided in ss. 28.24 and 28.241. Except as
688 otherwise provided in this section, all filing fees shall be
689 retained as fee income of the office of the clerk of the circuit
690 court. Filing fees imposed by this section may not be added to
691 any penalty imposed by chapter 316 or chapter 318.
692 (c) A party in addition to a party described in paragraph
693 (a) who files a pleading in an original civil action in the
694 county court for affirmative relief by cross-claim,
695 counterclaim, counterpetition, or third-party complaint, or who
696 files a notice of cross-appeal or notice of joinder or motion to
697 intervene as an appellant, cross-appellant, or petitioner, shall
698 pay the clerk of court a fee of $295 if the relief sought by the
699 party under this paragraph exceeds $2,500 but is not more than
700 $15,000 and $395 if the relief sought by the party under this
701 paragraph exceeds $15,000. The clerk shall remit the fee if the
702 relief sought by the party under this paragraph exceeds $2,500
703 but is not more than $15,000 to the Department of Revenue for
704 deposit into the General Revenue Fund. This fee does not apply
705 if the cross-claim, counterclaim, counterpetition, or third
706 party complaint requires transfer of the case from county to
707 circuit court. However, the party shall pay to the clerk the
708 standard filing fee for the court to which the case is to be
709 transferred.
710 (d) The clerk of court shall collect a service charge of
711 $10 for issuing a summons or an electronic certified copy of a
712 summons, which the clerk shall remit to the Department of
713 Revenue for deposit into the General Revenue Fund. The clerk
714 shall assess the fee against the party seeking to have the
715 summons issued.
716 (e) Of the first $200 in filing fees payable under
717 subparagraph (a)5., $195 must be remitted to the Department of
718 Revenue for deposit into the State Courts Revenue Trust Fund, $4
719 must be remitted to the Department of Revenue for deposit into
720 the Administrative Trust Fund within the Department of Financial
721 Services and used to fund the contract with the Florida Clerks
722 of Court Operations Corporation created in s. 28.35, and $1 must
723 be remitted to the Department of Revenue for deposit into the
724 Administrative Trust Fund within the Department of Financial
725 Services to fund audits of individual clerks’ court-related
726 expenditures conducted by the Department of Financial Services.
727 By the 10th day of each month, the clerk shall submit that
728 portion of the filing fees collected pursuant to this subsection
729 in the previous month which is in excess of one-twelfth of the
730 clerk’s total budget to the Department of Revenue for deposit
731 into the Clerks of the Court Trust Fund.
732 Section 11. Effective January 1, 2020, subsection (2) of
733 section 44.108, Florida Statutes, is amended to read:
734 44.108 Funding of mediation and arbitration.—
735 (2) When court-ordered mediation services are provided by a
736 circuit court’s mediation program, the following fees, unless
737 otherwise established in the General Appropriations Act, shall
738 be collected by the clerk of court:
739 (a) One-hundred twenty dollars per person per scheduled
740 session in family mediation when the parties’ combined income is
741 greater than $50,000, but less than $100,000 per year;
742 (b) Sixty dollars per person per scheduled session in
743 family mediation when the parties’ combined income is less than
744 $50,000; or
745 (c) Sixty dollars per person per scheduled session in
746 county court cases involving an amount in controversy not
747 exceeding $15,000.
748
749 No mediation fees shall be assessed under this subsection in
750 residential eviction cases, against a party found to be
751 indigent, or for any small claims action. Fees collected by the
752 clerk of court pursuant to this section shall be remitted to the
753 Department of Revenue for deposit into the State Courts Revenue
754 Trust Fund to fund court-ordered mediation. The clerk of court
755 may deduct $1 per fee assessment for processing this fee. The
756 clerk of the court shall submit to the chief judge of the
757 circuit and to the Office of the State Courts Administrator, no
758 later than 30 days after the end of each quarter of the fiscal
759 year, a report specifying the amount of funds collected and
760 remitted to the State Courts Revenue Trust Fund under this
761 section and any other section during the previous quarter of the
762 fiscal year. In addition to identifying the total aggregate
763 collections and remissions from all statutory sources, the
764 report must identify collections and remissions by each
765 statutory source.
766 Section 12. Effective upon this act becoming a law and
767 retroactive to July 1, 2008, subsection (1) and paragraph (c) of
768 subsection (2) of section 45.035, Florida Statutes, are amended
769 to read:
770 45.035 Clerk’s fees.—In addition to other fees or service
771 charges authorized by law, the clerk shall receive service
772 charges related to the judicial sales procedure set forth in ss.
773 45.031-45.034 and this section:
774 (1) The clerk shall receive a service charge of $70, from
775 which the clerk shall remit $10 to the Department of Revenue for
776 deposit into the General Revenue Fund, for services in making,
777 recording, and certifying the sale and title, which service
778 charge shall be assessed as costs and shall be advanced by the
779 plaintiff before the sale.
780 (2) If there is a surplus resulting from the sale, the
781 clerk may receive the following service charges, which shall be
782 deducted from the surplus:
783 (c) The clerk is entitled to a service charge of $15 for
784 each disbursement of surplus proceeds, from which the clerk
785 shall remit $5 to the Department of Revenue for deposit into the
786 General Revenue Fund.
787 Section 13. Effective upon this act becoming a law and
788 retroactive to July 1, 2008, subsection (3) of section 55.505,
789 Florida Statutes, is amended to read:
790 55.505 Notice of recording; prerequisite to enforcement.—
791 (3) No execution or other process for enforcement of a
792 foreign judgment recorded hereunder shall issue until 30 days
793 after the mailing of notice by the clerk and payment of a
794 service charge of up to $42 to the clerk, from which the clerk
795 shall remit $4.50 to the Department of Revenue for deposit into
796 the General Revenue Fund. When an action authorized in s.
797 55.509(1) is filed, it acts as an automatic stay of the effect
798 of this section.
799 Section 14. Effective upon this act becoming a law and
800 retroactive to July 1, 2008, paragraphs (b), (d), (e), and (f)
801 of subsection (6) of section 61.14, Florida Statutes, are
802 amended to read:
803 61.14 Enforcement and modification of support, maintenance,
804 or alimony agreements or orders.—
805 (6)
806 (b)1. When an obligor is 15 days delinquent in making a
807 payment or installment of support and the amount of the
808 delinquency is greater than the periodic payment amount ordered
809 by the court, the local depository shall serve notice on the
810 obligor informing him or her of:
811 a. The delinquency and its amount.
812 b. An impending judgment by operation of law against him or
813 her in the amount of the delinquency and all other amounts which
814 thereafter become due and are unpaid, together with costs and a
815 service charge of up to $25, from which the clerk shall remit
816 $17.50 to the Department of Revenue for deposit into the General
817 Revenue Fund, for failure to pay the amount of the delinquency.
818 c. The obligor’s right to contest the impending judgment
819 and the ground upon which such contest can be made.
820 d. The local depository’s authority to release information
821 regarding the delinquency to one or more credit reporting
822 agencies.
823 2. The local depository shall serve the notice by mailing
824 it by first class mail to the obligor at his or her last address
825 of record with the local depository. If the obligor has no
826 address of record with the local depository, service shall be by
827 publication as provided in chapter 49.
828 3. When service of the notice is made by mail, service is
829 complete on the date of mailing.
830 (d) The court shall hear the obligor’s motion to contest
831 the impending judgment within 15 days after the date of filing
832 of the motion. Upon the court’s denial of the obligor’s motion,
833 the amount of the delinquency and all other amounts that become
834 due, together with costs and a service charge of up to $25, from
835 which the clerk shall remit $17.50 to the Department of Revenue
836 for deposit into the General Revenue Fund, become a final
837 judgment by operation of law against the obligor. The depository
838 shall charge interest at the rate established in s. 55.03 on all
839 judgments for support. Payments on judgments shall be applied
840 first to the current child support due, then to any delinquent
841 principal, and then to interest on the support judgment.
842 (e) If the obligor fails to file a motion to contest the
843 impending judgment within the time limit prescribed in paragraph
844 (c) and fails to pay the amount of the delinquency and all other
845 amounts which thereafter become due, together with costs and a
846 service charge of up to $25, from which the clerk shall remit
847 $17.50 to the Department of Revenue for deposit into the General
848 Revenue Fund, such amounts become a final judgment by operation
849 of law against the obligor at the expiration of the time for
850 filing a motion to contest the impending judgment.
851 (f)1. Upon request of any person, the local depository
852 shall issue, upon payment of a service charge of up to $25, from
853 which the clerk shall remit $17.50 to the Department of Revenue
854 for deposit into the General Revenue Fund, a payoff statement of
855 the total amount due under the judgment at the time of the
856 request. The statement may be relied upon by the person for up
857 to 30 days from the time it is issued unless proof of
858 satisfaction of the judgment is provided.
859 2. When the depository records show that the obligor’s
860 account is current, the depository shall record a satisfaction
861 of the judgment upon request of any interested person and upon
862 receipt of the appropriate recording fee. Any person shall be
863 entitled to rely upon the recording of the satisfaction.
864 3. The local depository, at the direction of the
865 department, or the obligee in a non-IV-D case, may partially
866 release the judgment as to specific real property, and the
867 depository shall record a partial release upon receipt of the
868 appropriate recording fee.
869 4. The local depository is not liable for errors in its
870 recordkeeping, except when an error is a result of unlawful
871 activity or gross negligence by the clerk or his or her
872 employees.
873 Section 15. Effective upon this act becoming a law and
874 retroactive to July 1, 2008, subsections (2) and (4) of section
875 316.193, Florida Statutes, are amended to read:
876 316.193 Driving under the influence; penalties.—
877 (2)(a) Except as provided in paragraph (b), subsection (3),
878 or subsection (4), any person who is convicted of a violation of
879 subsection (1) shall be punished:
880 1. By a fine of:
881 a. Not less than $500 or more than $1,000 for a first
882 conviction.
883 b. Not less than $1,000 or more than $2,000 for a second
884 conviction; and
885 2. By imprisonment for:
886 a. Not more than 6 months for a first conviction.
887 b. Not more than 9 months for a second conviction.
888 3. For a second conviction, by mandatory placement for a
889 period of at least 1 year, at the convicted person’s sole
890 expense, of an ignition interlock device approved by the
891 department in accordance with s. 316.1938 upon all vehicles that
892 are individually or jointly leased or owned and routinely
893 operated by the convicted person, when the convicted person
894 qualifies for a permanent or restricted license. The
895 installation of such device may not occur before July 1, 2003.
896
897 The portion of a fine imposed in excess of $500 pursuant to sub
898 subparagraph 1.a. and the portion of a fine imposed in excess of
899 $1,000 pursuant to sub-subparagraph 1.b., shall be remitted by
900 the clerk to the Department of Revenue for deposit into the
901 General Revenue Fund.
902 (b)1. Any person who is convicted of a third violation of
903 this section for an offense that occurs within 10 years after a
904 prior conviction for a violation of this section commits a
905 felony of the third degree, punishable as provided in s.
906 775.082, s. 775.083, or s. 775.084. In addition, the court shall
907 order the mandatory placement for a period of not less than 2
908 years, at the convicted person’s sole expense, of an ignition
909 interlock device approved by the department in accordance with
910 s. 316.1938 upon all vehicles that are individually or jointly
911 leased or owned and routinely operated by the convicted person,
912 when the convicted person qualifies for a permanent or
913 restricted license. The installation of such device may not
914 occur before July 1, 2003.
915 2. Any person who is convicted of a third violation of this
916 section for an offense that occurs more than 10 years after the
917 date of a prior conviction for a violation of this section shall
918 be punished by a fine of not less than $2,000 or more than
919 $5,000 and by imprisonment for not more than 12 months. The
920 portion of a fine imposed in excess of $2,500 pursuant to this
921 subparagraph shall be remitted by the clerk to the Department of
922 Revenue for deposit into the General Revenue Fund. In addition,
923 the court shall order the mandatory placement for a period of at
924 least 2 years, at the convicted person’s sole expense, of an
925 ignition interlock device approved by the department in
926 accordance with s. 316.1938 upon all vehicles that are
927 individually or jointly leased or owned and routinely operated
928 by the convicted person, when the convicted person qualifies for
929 a permanent or restricted license. The installation of such
930 device may not occur before July 1, 2003.
931 3. Any person who is convicted of a fourth or subsequent
932 violation of this section, regardless of when any prior
933 conviction for a violation of this section occurred, commits a
934 felony of the third degree, punishable as provided in s.
935 775.082, s. 775.083, or s. 775.084. However, the fine imposed
936 for such fourth or subsequent violation may be not less than
937 $2,000. The portion of a fine imposed in excess of $1,000
938 pursuant to this subparagraph shall be remitted by the clerk to
939 the Department of Revenue for deposit into the General Revenue
940 Fund.
941 (c) In addition to the penalties in paragraph (a), the
942 court may order placement, at the convicted person’s sole
943 expense, of an ignition interlock device approved by the
944 department in accordance with s. 316.1938 for at least 6
945 continuous months upon all vehicles that are individually or
946 jointly leased or owned and routinely operated by the convicted
947 person if, at the time of the offense, the person had a blood
948 alcohol level or breath-alcohol level of .08 or higher.
949 (4) Any person who is convicted of a violation of
950 subsection (1) and who has a blood-alcohol level or breath
951 alcohol level of 0.15 or higher, or any person who is convicted
952 of a violation of subsection (1) and who at the time of the
953 offense was accompanied in the vehicle by a person under the age
954 of 18 years, shall be punished:
955 (a) By a fine of:
956 1. Not less than $1,000 or more than $2,000 for a first
957 conviction.
958 2. Not less than $2,000 or more than $4,000 for a second
959 conviction.
960 3. Not less than $4,000 for a third or subsequent
961 conviction.
962 (b) By imprisonment for:
963 1. Not more than 9 months for a first conviction.
964 2. Not more than 12 months for a second conviction.
965
966 For the purposes of this subsection, only the instant offense is
967 required to be a violation of subsection (1) by a person who has
968 a blood-alcohol level or breath-alcohol level of 0.15 or higher.
969
970 The portion of a fine imposed in excess of $1,000 pursuant to
971 sub-subparagraph (a)1. and the portion of a fine imposed in
972 excess of $2,000 pursuant to sub-subparagraph (a)2. or (a)3,
973 shall be remitted by the clerk to the Department of Revenue for
974 deposit into the General Revenue Fund.
975 (c) In addition to the penalties in paragraphs (a) and (b),
976 the court shall order the mandatory placement, at the convicted
977 person’s sole expense, of an ignition interlock device approved
978 by the department in accordance with s. 316.1938 upon all
979 vehicles that are individually or jointly leased or owned and
980 routinely operated by the convicted person for not less than 6
981 continuous months for the first offense and for not less than 2
982 continuous years for a second offense, when the convicted person
983 qualifies for a permanent or restricted license.
984 Section 16. Effective upon this act becoming a law and
985 retroactive to July 1, 2008, paragraph (b) of subsection (10) of
986 section 318.14, Florida Statutes, is amended to read:
987 318.14 Noncriminal traffic infractions; exception;
988 procedures.—
989 (10)
990 (b) Any person cited for an offense listed in this
991 subsection shall present proof of compliance before the
992 scheduled court appearance date. For the purposes of this
993 subsection, proof of compliance shall consist of a valid,
994 renewed, or reinstated driver license or registration
995 certificate and proper proof of maintenance of security as
996 required by s. 316.646. Notwithstanding waiver of fine, any
997 person establishing proof of compliance shall be assessed court
998 costs of $25, except that a person charged with violation of s.
999 316.646(1)-(3) may be assessed court costs of $8. One dollar of
1000 such costs shall be remitted to the Department of Revenue for
1001 deposit into the Child Welfare Training Trust Fund of the
1002 Department of Children and Families. One dollar of such costs
1003 shall be distributed to the Department of Juvenile Justice for
1004 deposit into the Juvenile Justice Training Trust Fund. Fourteen
1005 dollars of such costs shall be distributed to the municipality,
1006 $1 shall be remitted to the Department of Revenue for deposit
1007 into the General Revenue Fund and $ 8 9 shall be deposited by
1008 the clerk of the court into the fine and forfeiture fund
1009 established pursuant to s. 142.01, if the offense was committed
1010 within the municipality. If the offense was committed in an
1011 unincorporated area of a county or if the citation was for a
1012 violation of s. 316.646(1)-(3), the entire amount shall be
1013 deposited by the clerk of the court into the fine and forfeiture
1014 fund established pursuant to s. 142.01, except for the moneys to
1015 be deposited into the Child Welfare Training Trust Fund and the
1016 Juvenile Justice Training Trust Fund and $3 which the clerk
1017 shall remit to the Department of Revenue for deposit into the
1018 General Revenue Fund. This subsection does not authorize the
1019 operation of a vehicle without a valid driver license, without a
1020 valid vehicle tag and registration, or without the maintenance
1021 of required security.
1022 Section 17. Effective upon this act becoming a law and
1023 retroactive to July 1, 2008, paragraph (b) of subsection (1) of
1024 section 318.15, Florida Statutes, is amended to read:
1025 318.15 Failure to comply with civil penalty or to appear;
1026 penalty.—
1027 (1)
1028 (b) However, a person who elects to attend driver
1029 improvement school and has paid the civil penalty as provided in
1030 s. 318.14(9) but who subsequently fails to attend the driver
1031 improvement school within the time specified by the court is
1032 deemed to have admitted the infraction and shall be adjudicated
1033 guilty. If the person received a 9-percent reduction pursuant to
1034 s. 318.14(9), the person must pay the clerk of the court that
1035 amount and a processing fee of up to $18, from which the clerk
1036 shall remit $3 to the Department of Revenue for deposit into the
1037 General Revenue Fund, after which additional penalties, court
1038 costs, or surcharges may not be imposed for the violation. In
1039 all other such cases, the person must pay the clerk a processing
1040 fee of up to $18, from which the clerk shall remit $3 to the
1041 Department of Revenue for deposit into the General Revenue Fund,
1042 after which additional penalties, court costs, or surcharges may
1043 not be imposed for the violation. The clerk of the court shall
1044 notify the department of the person’s failure to attend driver
1045 improvement school and points shall be assessed pursuant to s.
1046 322.27.
1047 Section 18. Effective upon this act becoming a law and
1048 retroactive to July 1, 2008, paragraphs (b) and (c) of
1049 subsection (2), paragraph (a) of subsection (11), and subsection
1050 (18) of section 318.18, Florida Statutes, are amended to read:
1051 318.18 Amount of penalties.—The penalties required for a
1052 noncriminal disposition pursuant to s. 318.14 or a criminal
1053 offense listed in s. 318.17 are as follows:
1054 (2) Thirty dollars for all nonmoving traffic violations
1055 and:
1056 (b) For all violations of ss. 320.0605, 320.07(1), 322.065,
1057 and 322.15(1). Any person who is cited for a violation of s.
1058 320.07(1) shall be charged a delinquent fee pursuant to s.
1059 320.07(4).
1060 1. If a person who is cited for a violation of s. 320.0605
1061 or s. 320.07 can show proof of having a valid registration at
1062 the time of arrest, the clerk of the court may dismiss the case
1063 and may assess a dismissal fee of up to $10, from which the
1064 clerk shall remit $2.50 to the Department of Revenue for deposit
1065 into the General Revenue Fund. A person who finds it impossible
1066 or impractical to obtain a valid registration certificate must
1067 submit an affidavit detailing the reasons for the impossibility
1068 or impracticality. The reasons may include, but are not limited
1069 to, the fact that the vehicle was sold, stolen, or destroyed;
1070 that the state in which the vehicle is registered does not issue
1071 a certificate of registration; or that the vehicle is owned by
1072 another person.
1073 2. If a person who is cited for a violation of s. 322.03,
1074 s. 322.065, or s. 322.15 can show a driver license issued to him
1075 or her and valid at the time of arrest, the clerk of the court
1076 may dismiss the case and may assess a dismissal fee of up to
1077 $10, from which the clerk shall remit $2.50 to the Department of
1078 Revenue for deposit into the General Revenue Fund.
1079 3. If a person who is cited for a violation of s. 316.646
1080 can show proof of security as required by s. 627.733, issued to
1081 the person and valid at the time of arrest, the clerk of the
1082 court may dismiss the case and may assess a dismissal fee of up
1083 to $10, from which the clerk shall remit $2.50 to the Department
1084 of Revenue for deposit into the General Revenue Fund. A person
1085 who finds it impossible or impractical to obtain proof of
1086 security must submit an affidavit detailing the reasons for the
1087 impracticality. The reasons may include, but are not limited to,
1088 the fact that the vehicle has since been sold, stolen, or
1089 destroyed; that the owner or registrant of the vehicle is not
1090 required by s. 627.733 to maintain personal injury protection
1091 insurance; or that the vehicle is owned by another person.
1092 (c) For all violations of ss. 316.2935 and 316.610.
1093 However, for a violation of s. 316.2935 or s. 316.610, if the
1094 person committing the violation corrects the defect and obtains
1095 proof of such timely repair by an affidavit of compliance
1096 executed by the law enforcement agency within 30 days from the
1097 date upon which the traffic citation was issued, and pays $4 to
1098 the law enforcement agency, thereby completing the affidavit of
1099 compliance, then upon presentation of said affidavit by the
1100 defendant to the clerk within the 30-day time period set forth
1101 under s. 318.14(4), the fine must be reduced to $10, which the
1102 clerk of the court shall retain and from which the clerk shall
1103 remit $2.50 to the Department of Revenue for deposit into the
1104 General Revenue Fund.
1105 (11)(a) In addition to the stated fine, court costs must be
1106 paid in the following amounts and shall be deposited by the
1107 clerk into the fine and forfeiture fund established pursuant to
1108 s. 142.01 except as provided in this paragraph:
1109 For pedestrian infractions $4, from which the clerk shall
1110 remit $1 to the Department of Revenue for deposit into the
1111 General Revenue Fund.
1112 For nonmoving traffic infractions $18, from which the clerk
1113 shall remit $2 to the Department of Revenue for deposit into the
1114 General Revenue Fund.
1115 For moving traffic infractions $35, from which the clerk
1116 shall remit $5 to the Department of Revenue for deposit into the
1117 General Revenue Fund.
1118 (18) In addition to any penalties imposed, an
1119 administrative fee of $12.50 must be paid for all noncriminal
1120 moving and nonmoving violations under chapters 316, 320, and
1121 322. The clerk shall remit the administrative fee to the
1122 Department of Revenue for deposit into the General Revenue Fund.
1123 Revenue from the administrative fee shall be deposited by the
1124 clerk of court into the fine and forfeiture fund established
1125 pursuant to s. 142.01.
1126 Section 19. Effective upon this act becoming a law and
1127 retroactive to July 1, 2008, subsections (1) and (2) of section
1128 322.245, Florida Statutes, are amended to read:
1129 322.245 Suspension of license upon failure of person
1130 charged with specified offense under chapter 316, chapter 320,
1131 or this chapter to comply with directives ordered by traffic
1132 court or upon failure to pay child support in non-IV-D cases as
1133 provided in chapter 61 or failure to pay any financial
1134 obligation in any other criminal case.—
1135 (1) If a person charged with a violation of any of the
1136 criminal offenses enumerated in s. 318.17 or with the commission
1137 of any offense constituting a misdemeanor under chapter 320 or
1138 this chapter fails to comply with all of the directives of the
1139 court within the time allotted by the court, the clerk of the
1140 traffic court shall mail to the person, at the address specified
1141 on the uniform traffic citation, a notice of such failure,
1142 notifying him or her that, if he or she does not comply with the
1143 directives of the court within 30 days after the date of the
1144 notice and pay a delinquency fee of up to $25 to the clerk, from
1145 which the clerk shall remit $10 to the Department of Revenue for
1146 deposit into the General Revenue Fund, his or her driver license
1147 will be suspended. The notice shall be mailed no later than 5
1148 days after such failure. The delinquency fee may be retained by
1149 the office of the clerk to defray the operating costs of the
1150 office.
1151 (2) In non-IV-D cases, if a person fails to pay child
1152 support under chapter 61 and the obligee so requests, the
1153 depository or the clerk of the court shall mail in accordance
1154 with s. 61.13016 the notice specified in that section, notifying
1155 him or her that if he or she does not comply with the
1156 requirements of that section and pay a delinquency fee of $25 to
1157 the depository or the clerk, his or her driver license and motor
1158 vehicle registration will be suspended. The delinquency fee may
1159 be retained by the depository or the office of the clerk to
1160 defray the operating costs of the office after the clerk remits
1161 $15 to the Department of Revenue for deposit into the General
1162 Revenue Fund.
1163 Section 20. Effective upon this act becoming a law and
1164 retroactive to July 1, 2008, subsections (2) and (4) of section
1165 327.35, Florida Statutes, are amended to read:
1166 327.35 Boating under the influence; penalties; “designated
1167 drivers.”—
1168 (2)(a) Except as provided in paragraph (b), subsection (3),
1169 or subsection (4), any person who is convicted of a violation of
1170 subsection (1) shall be punished:
1171 1. By a fine of:
1172 a. Not less than $500 or more than $1,000 for a first
1173 conviction.
1174 b. Not less than $1,000 or more than $2,000 for a second
1175 conviction; and
1176 2. By imprisonment for:
1177 a. Not more than 6 months for a first conviction.
1178 b. Not more than 9 months for a second conviction.
1179
1180 The portion of a fine imposed in excess of $500 pursuant to sub
1181 subparagraph 1.a. and the portion of a fine imposed in excess of
1182 $1,000 pursuant to sub-subparagraph 1.b., shall be remitted by
1183 the clerk to the Department of Revenue for deposit into the
1184 General Revenue Fund.
1185 (b)1. Any person who is convicted of a third violation of
1186 this section for an offense that occurs within 10 years after a
1187 prior conviction for a violation of this section commits a
1188 felony of the third degree, punishable as provided in s.
1189 775.082, s. 775.083, or s. 775.084.
1190 2. Any person who is convicted of a third violation of this
1191 section for an offense that occurs more than 10 years after the
1192 date of a prior conviction for a violation of this section shall
1193 be punished by a fine of not less than $2,000 or more than
1194 $5,000 and by imprisonment for not more than 12 months. The
1195 portion of a fine imposed in excess of $2,500 pursuant to this
1196 subparagraph shall be remitted by the clerk to the Department of
1197 Revenue for deposit into the General Revenue Fund.
1198 3. Any person who is convicted of a fourth or subsequent
1199 violation of this section, regardless of when any prior
1200 conviction for a violation of this section occurred, commits a
1201 felony of the third degree, punishable as provided in s.
1202 775.082, s. 775.083, or s. 775.084.
1203
1204 However, the fine imposed for such fourth or subsequent
1205 violation may not be less than $2,000. The portion of such fine
1206 imposed in excess of $1,000 shall be remitted by the clerk to
1207 the Department of Revenue for deposit into the General Revenue
1208 Fund.
1209 (4) Any person who is convicted of a violation of
1210 subsection (1) and who has a blood-alcohol level or breath
1211 alcohol level of 0.15 or higher, or any person who is convicted
1212 of a violation of subsection (1) and who at the time of the
1213 offense was accompanied in the vessel by a person under the age
1214 of 18 years, shall be punished:
1215 (a) By a fine of:
1216 1. Not less than $1,000 or more than $2,000 for a first
1217 conviction.
1218 2. Not less than $2,000 or more than $4,000 for a second
1219 conviction.
1220 3. Not less than $4,000 for a third or subsequent
1221 conviction.
1222 (b) By imprisonment for:
1223 1. Not more than 9 months for a first conviction.
1224 2. Not more than 12 months for a second conviction.
1225
1226 The portion of a fine imposed in excess of $1,000 pursuant to
1227 subparagraph (a)1. and the portion of a fine imposed in excess
1228 of $2,000 pursuant to subparagraph (a)2. or subparagraph (a)3.,
1229 shall be remitted by the clerk to the Department of Revenue for
1230 deposit into the General Revenue Fund. For the purposes of this
1231 subsection, only the instant offense is required to be a
1232 violation of subsection (1) by a person who has a blood-alcohol
1233 level or breath-alcohol level of 0.15 or higher.
1234 Section 21. Effective upon this act becoming a law and
1235 retroactive to July 1, 2008, subsection (4), paragraph (a) of
1236 subsection (9), and paragraph (a) of subsection (11) of section
1237 327.73, Florida Statutes, are amended to read:
1238 327.73 Noncriminal infractions.—
1239 (4) Any person charged with a noncriminal infraction under
1240 this section may:
1241 (a) Pay the civil penalty, either by mail or in person,
1242 within 30 days of the date of receiving the citation; or,
1243 (b) If he or she has posted bond, forfeit bond by not
1244 appearing at the designated time and location.
1245
1246 If the person cited follows either of the above procedures, he
1247 or she shall be deemed to have admitted the noncriminal
1248 infraction and to have waived the right to a hearing on the
1249 issue of commission of the infraction. Such admission shall not
1250 be used as evidence in any other proceedings. If a person who is
1251 cited for a violation of s. 327.395 can show a boating safety
1252 identification card issued to that person and valid at the time
1253 of the citation, the clerk of the court may dismiss the case and
1254 may assess a dismissal fee of up to $10, from which the clerk
1255 shall remit $2.50 to the Department of Revenue for deposit into
1256 the General Revenue Fund. If a person who is cited for a
1257 violation of s. 328.72(13) can show proof of having a
1258 registration for that vessel which was valid at the time of the
1259 citation, the clerk may dismiss the case and may assess the
1260 dismissal fee, from which the clerk shall remit $2.50 to the
1261 Department of Revenue for deposit into the General Revenue Fund.
1262 (9)(a) Any person who fails to comply with the court’s
1263 requirements or who fails to pay the civil penalties specified
1264 in this section within the 30-day period provided for in s.
1265 327.72 must pay an additional court cost of up to $20, which
1266 shall be used by the clerks of the courts to defray the costs of
1267 tracking unpaid uniform boating citations, from which the clerk
1268 shall remit $2 to the Department of Revenue for deposit into the
1269 General Revenue Fund.
1270 (11)(a) Court costs that are to be in addition to the
1271 stated civil penalty shall be imposed by the court in an amount
1272 not less than the following:
1273 1. For swimming or diving infractions, $4, from which the
1274 clerk shall remit $1 to the Department of Revenue for deposit
1275 into the General Revenue Fund.
1276 2. For nonmoving boating infractions, $18, from which the
1277 clerk shall remit $12 to the Department of Revenue for deposit
1278 into the General Revenue Fund.
1279 3. For boating infractions listed in s. 327.731(1), $35,
1280 from which the clerk shall remit $25 to the Department of
1281 Revenue for deposit into the General Revenue Fund.
1282
1283 Court costs imposed under this subsection may not exceed $45. A
1284 criminal justice selection center or both local criminal justice
1285 access and assessment centers may be funded from these court
1286 costs.
1287 Section 22. Effective upon this act becoming a law and
1288 retroactive to July 1, 2008, paragraph (i) of subsection (1) of
1289 section 379.401, Florida Statutes, is amended to read:
1290 379.401 Penalties and violations; civil penalties for
1291 noncriminal infractions; criminal penalties; suspension and
1292 forfeiture of licenses and permits.—
1293 (1) LEVEL ONE VIOLATIONS.—
1294 (i) A person cited for violating the requirements of s.
1295 379.354 relating to personal possession of a license or permit
1296 may not be convicted if, before or at the time of a county court
1297 hearing, the person produces the required license or permit for
1298 verification by the hearing officer or the court clerk. The
1299 license or permit must have been valid at the time the person
1300 was cited. The clerk or hearing officer may assess a $10 fee for
1301 costs under this paragraph, from which the clerk shall remit $5
1302 to the Department of Revenue for deposit into the General
1303 Revenue Fund.
1304 Section 23. Effective upon this act becoming a law and
1305 retroactive to July 1, 2008, subsection (1) of section 713.24,
1306 Florida Statutes, is amended to read:
1307 713.24 Transfer of liens to security.—
1308 (1) Any lien claimed under this part may be transferred, by
1309 any person having an interest in the real property upon which
1310 the lien is imposed or the contract under which the lien is
1311 claimed, from such real property to other security by either:
1312 (a) Depositing in the clerk’s office a sum of money, or
1313 (b) Filing in the clerk’s office a bond executed as surety
1314 by a surety insurer licensed to do business in this state,
1315
1316 either to be in an amount equal to the amount demanded in such
1317 claim of lien, plus interest thereon at the legal rate for 3
1318 years, plus $1,000 or 25 percent of the amount demanded in the
1319 claim of lien, whichever is greater, to apply on any attorney’s
1320 fees and court costs that may be taxed in any proceeding to
1321 enforce said lien. Such deposit or bond shall be conditioned to
1322 pay any judgment or decree which may be rendered for the
1323 satisfaction of the lien for which such claim of lien was
1324 recorded. Upon making such deposit or filing such bond, the
1325 clerk shall make and record a certificate showing the transfer
1326 of the lien from the real property to the security and shall
1327 mail a copy thereof by registered or certified mail to the
1328 lienor named in the claim of lien so transferred, at the address
1329 stated therein. Upon filing the certificate of transfer, the
1330 real property shall thereupon be released from the lien claimed,
1331 and such lien shall be transferred to said security. In the
1332 absence of allegations of privity between the lienor and the
1333 owner, and subject to any order of the court increasing the
1334 amount required for the lien transfer deposit or bond, no other
1335 judgment or decree to pay money may be entered by the court
1336 against the owner. The clerk shall be entitled to a service
1337 charge for making and serving the certificate, in the amount of
1338 up to $20, from which the clerk shall remit $5 to the Department
1339 of Revenue for deposit into the General Revenue Fund. If the
1340 transaction involves the transfer of multiple liens, an
1341 additional charge of up to $10 for each additional lien shall be
1342 charged, from which the clerk shall remit $2.50 to the
1343 Department of Revenue for deposit into the General Revenue Fund.
1344 For recording the certificate and approving the bond, the clerk
1345 shall receive her or his usual statutory service charges as
1346 prescribed in s. 28.24. Any number of liens may be transferred
1347 to one such security.
1348 Section 24. Effective upon this act becoming a law and
1349 retroactive to July 1, 2008, subsection (3) of section 721.83,
1350 Florida Statutes, is amended to read:
1351 721.83 Consolidation of judicial foreclosure actions.—
1352 (3) A consolidated timeshare foreclosure action shall be
1353 considered a single action, suit, or proceeding for the payment
1354 of filing fees and service charges pursuant to general law. In
1355 addition to the payment of such filing fees and service charges,
1356 an additional filing fee of up to $10 from which the clerk shall
1357 remit $5 to the Department of Revenue for deposit into the
1358 General Revenue Fund for each timeshare interest joined in that
1359 action shall be paid to the clerk of court.
1360 Section 25. Effective upon this act becoming a law and
1361 retroactive to July 1, 2008, paragraph (a) of subsection (6) of
1362 section 744.365, Florida Statutes, is amended to read:
1363 744.365 Verified inventory.—
1364 (6) AUDIT FEE.—
1365 (a) Where the value of the ward’s property exceeds $25,000,
1366 a guardian shall pay from the ward’s property to the clerk of
1367 the circuit court a fee of up to $85 from which the clerk shall
1368 remit $10 to the Department of Revenue for deposit into the
1369 General Revenue Fund, upon the filing of the verified inventory,
1370 for the auditing of the inventory. Upon petition by the
1371 guardian, the court may waive the auditing fee upon a showing of
1372 insufficient funds in the ward’s estate. Any guardian unable to
1373 pay the auditing fee may petition the court for waiver of the
1374 fee. The court may waive the fee after it has reviewed the
1375 documentation filed by the guardian in support of the waiver.
1376 Section 26. Effective upon this act becoming a law and
1377 retroactive to July 1, 2008, subsection (4) of section 744.3678,
1378 Florida Statutes, is amended to read:
1379 744.3678 Annual accounting.—
1380 (4) The guardian shall pay from the ward’s estate to the
1381 clerk of the circuit court a fee based upon the following
1382 graduated fee schedule, upon the filing of the annual financial
1383 return, for the auditing of the return:
1384 (a) For estates with a value of $25,000 or less the clerk
1385 of the court may charge a fee of up to $20 from which the clerk
1386 shall remit $5 to the Department of Revenue for deposit into the
1387 General Revenue Fund.
1388 (b) For estates with a value of more than $25,000 up to and
1389 including $100,000 the clerk of the court may charge a fee of up
1390 to $85 from which the clerk shall remit $10 to the Department of
1391 Revenue for deposit into the General Revenue Fund.
1392 (c) For estates with a value of more than $100,000 up to
1393 and including $500,000 the clerk of the court may charge a fee
1394 of up to $170 from which the clerk shall remit $20 to the
1395 Department of Revenue for deposit into the General Revenue Fund.
1396 (d) For estates with a value in excess of $500,000 the
1397 clerk of the court may charge a fee of up to $250 from which the
1398 clerk shall remit $25 to the Department of Revenue for deposit
1399 into the General Revenue Fund.
1400
1401 Upon petition by the guardian, the court may waive the auditing
1402 fee upon a showing of insufficient funds in the ward’s estate.
1403 Any guardian unable to pay the auditing fee may petition the
1404 court for a waiver of the fee. The court may waive the fee after
1405 it has reviewed the documentation filed by the guardian in
1406 support of the waiver.
1407 Section 27. Effective upon this act becoming a law and
1408 retroactive to July 1, 2008, subsection (2) of section 766.104,
1409 Florida Statutes, is amended to read:
1410 766.104 Medical negligence cases; reasonable investigation
1411 required before filing.—
1412 (2) Upon petition to the clerk of the court where the suit
1413 will be filed and payment to the clerk of a filing fee, not to
1414 exceed $42 from which the clerk shall remit $4.50 to the
1415 Department of Revenue for deposit into the General Revenue Fund,
1416 an automatic 90-day extension of the statute of limitations
1417 shall be granted to allow the reasonable investigation required
1418 by subsection (1). This period shall be in addition to other
1419 tolling periods. No court order is required for the extension to
1420 be effective. The provisions of this subsection shall not be
1421 deemed to revive a cause of action on which the statute of
1422 limitations has run.
1423 Section 28. Effective upon this act becoming a law and
1424 retroactive to July 1, 2008, subsection (1) of section 938.05,
1425 Florida Statutes, is amended to read:
1426 938.05 Additional court costs for felonies, misdemeanors,
1427 and criminal traffic offenses.—
1428 (1) Any person pleading nolo contendere to a misdemeanor or
1429 criminal traffic offense under s. 318.14(10)(a) or pleading
1430 guilty or nolo contendere to, or being found guilty of, any
1431 felony, misdemeanor, or criminal traffic offense under the laws
1432 of this state or the violation of any municipal or county
1433 ordinance which adopts by reference any misdemeanor under state
1434 law, shall pay as a cost in the case, in addition to any other
1435 cost required to be imposed by law, a sum in accordance with the
1436 following schedule:
1437 (a) Felonies $225 from which the clerk shall remit $25 to
1438 the Department of Revenue for deposit into the General Revenue
1439 Fund
1440 (b) Misdemeanors $60 from which the clerk shall remit $10
1441 to the Department of Revenue for deposit into the General
1442 Revenue Fund
1443 (c) Criminal traffic offenses $60 from which the clerk
1444 shall remit $10 to the Department of Revenue for deposit into
1445 the General Revenue Fund
1446 Section 29. The amendments made by this act to ss. 27.52,
1447 28.24, 28.2401, 28.241, 34.041, 45.035, 55.505, 61.14, 316.193,
1448 318.14, 318.15, 318.18, 322.245, 327.35, 327.73, 379.401,
1449 713.24, 721.83, 744.365, 744.3678, 766.104, and 938.05, Florida
1450 Statutes, are remedial and clarifying in nature and apply
1451 retroactively to July 1, 2008.
1452 Section 30. The amendments to the jurisdiction of a court
1453 made by this act shall apply with respect to the date of filing
1454 the cause of action, regardless of when the cause of action
1455 accrued.
1456 Section 31. Before the 2022 Regular Session of the
1457 Legislature, the Legislature shall review and consider the
1458 results of the analysis submitted pursuant to Specific
1459 Appropriation 2754 of the 2019-2020 General Appropriations Act
1460 regarding the review of the Clerk of Court Processes for the
1461 purpose of considering the extension or reenactment of
1462 provisions in this act relating to clerk funding.
1463 Section 32. Except as otherwise provided, and except for
1464 this section, which shall take effect upon becoming a law, this
1465 act shall take effect July 1, 2019.
1466
1467 ================= T I T L E A M E N D M E N T ================
1468 And the title is amended as follows:
1469 Delete everything before the enacting clause
1470 and insert:
1471 A bill to be entitled
1472 An act relating to courts; amending s. 26.012, F.S.;
1473 revising the appellate jurisdiction of circuit courts;
1474 providing for future repeal; amending s. 28.35, F.S.;
1475 modifying calculation of total combined budgets of the
1476 clerks of the court; providing a definition; amending
1477 s. 28.36, F.S.; providing for modified revenue
1478 projection relating to proposed budget of clerks of
1479 the court; providing a definition; amending s. 28.37,
1480 F.S.; providing for deposit of certain funds into
1481 specified trust funds or General Revenue Fund;
1482 amending s. 27.52, F.S.; providing for deposit of
1483 certain fees into General Revenue Fund; amending s.
1484 28.24, F.S.; providing for deposit of certain fees
1485 into General Revenue Fund; amending s. 28.2401, F.S.;
1486 providing for deposit of certain fees into General
1487 Revenue Fund; amending s. 28.241, F.S.; providing for
1488 deposit of certain fees into General Revenue Fund;
1489 requiring specified filing fees for appeals from
1490 certain county courts; amending s. 34.01, F.S.;
1491 providing for deposit of certain fees into the General
1492 Revenue Fund; increasing the jurisdictional limit for
1493 actions at law by county courts on specified dates;
1494 requiring the State Courts Administrator to submit a
1495 report containing certain recommendations and reviews
1496 to the Governor and the Legislature by a specified
1497 date; amending s. 34.041, F.S.; providing county court
1498 civil filing fees for claims of specified values;
1499 providing for distribution of the fees; amending s.
1500 44.108, F.S.; prohibiting the levy of certain fees for
1501 mediation services in certain cases; amending s.
1502 45.035, F.S.; providing for deposit of certain fees
1503 into General Revenue Fund; amending s. 55.505, F.S.;
1504 providing for deposit of certain fees into General
1505 Revenue Fund; amending s. 61.14, F.S.; providing for
1506 deposit of certain fees into General Revenue Fund;
1507 amending s. 316.193, F.S., providing for deposit of
1508 certain fees into General Revenue Fund; amending s.
1509 318.14, F.S., providing for deposit of certain fees
1510 into General Revenue Fund; amending s. 318.15, F.S.;
1511 providing for deposit of certain fees into General
1512 Revenue Fund; amending s. 318.18, F.S.; providing for
1513 deposit of certain fees into General Revenue Fund;
1514 amending s. 322.245, F.S.; providing for deposit of
1515 certain fees into General Revenue Fund; amending s.
1516 327.35, F.S.; providing for deposit of certain fees
1517 into General Revenue Fund; amending s. 327.73, F.S.;
1518 providing for deposit of certain fees into General
1519 Revenue Fund; amending s. 379.401, F.S.; providing for
1520 deposit of certain fees into General Revenue Fund;
1521 amending s. 713.24, F.S.; providing for deposit of
1522 certain fees into General Revenue Fund; amending s.
1523 721.83, F.S.; providing for deposit of certain fees
1524 into General Revenue Fund; amending s. 744.365, F.S.;
1525 providing for deposit of certain fees into General
1526 Revenue Fund; amending s. 744.3678, F.S.; providing
1527 for deposit of certain fees into General Revenue Fund;
1528 amending s. 766.104, F.S.; providing for deposit of
1529 certain fees into General Revenue Fund; amending s.
1530 938.05, F.S.; providing for deposit of certain fees
1531 into General Revenue Fund; providing for
1532 retroactivity; providing applicability; requiring a
1533 certain Legislative review; providing effective dates.