The Florida Senate

28.241  Filing fees for trial and appellate proceedings.--

¹(1)(a)1.a.  Except as provided in sub-subparagraph b. and subparagraph 2., the party instituting any civil action, suit, or proceeding in the circuit court shall pay to the clerk of that court a filing fee of up to $395 in all cases in which there are not more than five defendants and an additional filing fee of up to $2.50 for each defendant in excess of five. Of the first $265 in filing fees, $80 must be remitted by the clerk to the Department of Revenue for deposit into the General Revenue Fund, $180 must be remitted to the Department of Revenue for deposit into the State Courts Revenue Trust Fund, $3.50 must be remitted to the Department of Revenue for deposit into the Clerks of the Court Trust Fund within the Justice Administrative Commission and used to fund the Florida Clerks of Court Operations Corporation created in s. 28.35, and $1.50 shall be remitted to the Department of Revenue for deposit into the Administrative Trust Fund within the Department of Financial Services to fund clerk budget reviews conducted by the Department of Financial Services. The next $15 of the filing fee collected shall be deposited in the state courts' Mediation and Arbitration Trust Fund. One third of any filing fees collected by the clerk of the circuit court in excess of $100 shall be remitted to the Department of Revenue for deposit into the Clerks of the Court Trust Fund within the Justice Administrative Commission.

b.  The party instituting any civil action, suit, or proceeding in the circuit court under chapter 39, chapter 61, chapter 741, chapter 742, chapter 747, chapter 752, or chapter 753 shall pay to the clerk of that court a filing fee of up to $295 in all cases in which there are not more than five defendants and an additional filing fee of up to $2.50 for each defendant in excess of five. Of the first $165 in filing fees, $80 must be remitted by the clerk to the Department of Revenue for deposit into the General Revenue Fund, $80 must be remitted to the Department of Revenue for deposit into the State Courts Revenue Trust Fund, $3.50 must be remitted to the Department of Revenue for deposit into the Clerks of the Court Trust Fund within the Justice Administrative Commission and used to fund the Florida Clerks of Court Operations Corporation created in s. 28.35, and $1.50 shall be remitted to the Department of Revenue for deposit into the Administrative Trust Fund within the Department of Financial Services to fund clerk budget reviews conducted by the Department of Financial Services. The next $15 of the filing fee collected shall be deposited in the state courts' Mediation and Arbitration Trust Fund.

c.  An additional filing fee of $4 shall be paid to the clerk. The clerk shall remit $3.50 to the Department of Revenue for deposit into the Court Education Trust Fund and shall remit 50 cents to the Department of Revenue for deposit into the Clerks of the Court Trust Fund within the Justice Administrative Commission to fund clerk education. An additional filing fee of up to $18 shall be paid by the party seeking each severance that is granted. The clerk may impose an additional filing fee of up to $85 for all proceedings of garnishment, attachment, replevin, and distress. Postal charges incurred by the clerk of the circuit court in making service by certified or registered mail on defendants or other parties shall be paid by the party at whose instance service is made. No additional fees, charges, or costs shall be added to the filing fees imposed under this section, except as authorized in this section or by general law.

2.a.  Notwithstanding the fees prescribed in subparagraph 1., a party instituting a civil action in circuit court relating to real property or mortgage foreclosure shall pay a graduated filing fee based on the value of the claim.

b.  A party shall estimate in writing the amount in controversy of the claim upon filing the action. For purposes of this subparagraph, the value of a mortgage foreclosure action is based upon the principal due on the note secured by the mortgage, plus interest owed on the note and any moneys advanced by the lender for property taxes, insurance, and other advances secured by the mortgage, at the time of filing the foreclosure. The value shall also include the value of any tax certificates related to the property. In stating the value of a mortgage foreclosure claim, a party shall declare in writing the total value of the claim, as well as the individual elements of the value as prescribed in this sub-subparagraph.

c.  In its order providing for the final disposition of the matter, the court shall identify the actual value of the claim. The clerk shall adjust the filing fee if there is a difference between the estimated amount in controversy and the actual value of the claim and collect any additional filing fee owed or provide a refund of excess filing fee paid.

d.  The party shall pay a filing fee of:

(I)  Three hundred and ninety-five dollars in all cases in which the value of the claim is $50,000 or less and in which there are not more than five defendants. The party shall pay an additional filing fee of up to $2.50 for each defendant in excess of five. Of the first $265 in filing fees, $80 must be remitted by the clerk to the Department of Revenue for deposit into the General Revenue Fund, $180 must be remitted to the Department of Revenue for deposit into the State Courts Revenue Trust Fund, $3.50 must be remitted to the Department of Revenue for deposit into the Clerks of the Court Trust Fund within the Justice Administrative Commission and used to fund the Florida Clerks of Court Operations Corporation created in s. 28.35, and $1.50 shall be remitted to the Department of Revenue for deposit into the Administrative Trust Fund within the Department of Financial Services to fund clerk budget reviews conducted by the Department of Financial Services. The next $15 of the filing fee collected shall be deposited in the state courts' Mediation and Arbitration Trust Fund;

(II)  Nine hundred dollars in all cases in which the value of the claim is more than $50,000 but less than $250,000 and in which there are not more than five defendants. The party shall pay an additional filing fee of up to $2.50 for each defendant in excess of five. Of the first $770 in filing fees, $80 must be remitted by the clerk to the Department of Revenue for deposit into the General Revenue Fund, $685 must be remitted to the Department of Revenue for deposit into the State Courts Revenue Trust Fund, $3.50 must be remitted to the Department of Revenue for deposit into the Clerks of the Court Trust Fund within the Justice Administrative Commission and used to fund the Florida Clerks of Court Operations Corporation described in s. 28.35, and $1.50 shall be remitted to the Department of Revenue for deposit into the Administrative Trust Fund within the Department of Financial Services to fund clerk budget reviews conducted by the Department of Financial Services. The next $15 of the filing fee collected shall be deposited in the state courts' Mediation and Arbitration Trust Fund; or

(III)  One thousand nine hundred dollars in all cases in which the value of the claim is $250,000 or more and in which there are not more than five defendants. The party shall pay an additional filing fee of up to $2.50 for each defendant in excess of five. Of the first $1,770 in filing fees, $80 must be remitted by the clerk to the Department of Revenue for deposit into the General Revenue Fund, $1,685 must be remitted to the Department of Revenue for deposit into the State Courts Revenue Trust Fund, $3.50 must be remitted to the Department of Revenue for deposit into the Clerks of the Court Trust Fund within the Justice Administrative Commission to fund the Florida Clerks of Court Operations Corporation created in s. 28.35, and $1.50 shall be remitted to the Department of Revenue for deposit into the Administrative Trust Fund within the Department of Financial Services to fund clerk budget reviews conducted by the Department of Financial Services. The next $15 of the filing fee collected shall be deposited in the state courts' Mediation and Arbitration Trust Fund.

e.  An additional filing fee of $4 shall be paid to the clerk. The clerk shall remit $3.50 to the Department of Revenue for deposit into the Court Education Trust Fund and shall remit 50 cents to the Department of Revenue for deposit into the Clerks of the Court Trust Fund within the Justice Administrative Commission to fund clerk education. An additional filing fee of up to $18 shall be paid by the party seeking each severance that is granted. The clerk may impose an additional filing fee of up to $85 for all proceedings of garnishment, attachment, replevin, and distress. Postal charges incurred by the clerk of the circuit court in making service by certified or registered mail on defendants or other parties shall be paid by the party at whose instance service is made. No additional fees, charges, or costs shall be added to the filing fees imposed under this section, except as authorized in this section or by general law.

(b)  A party reopening any civil action, suit, or proceeding in the circuit court shall pay to the clerk of court a filing fee set by the clerk in an amount not to exceed $50. For purposes of this section, a case is reopened when a case previously reported as disposed of is resubmitted to a court and includes petitions for modification of a final judgment of dissolution. A party is exempt from paying the fee for any of the following:

1.  A writ of garnishment;

2.  A writ of replevin;

3.  A distress writ;

4.  A writ of attachment;

5.  A motion for rehearing filed within 10 days;

6.  A motion for attorney's fees filed within 30 days after entry of a judgment or final order;

7.  A motion for dismissal filed after a mediation agreement has been filed;

8.  A disposition of personal property without administration;

9.  Any probate case prior to the discharge of a personal representative;

10.  Any guardianship pleading prior to discharge;

11.  Any mental health pleading;

12.  Motions to withdraw by attorneys;

13.  Motions exclusively for the enforcement of child support orders;

14.  A petition for credit of child support;

15.  A Notice of Intent to Relocate and any order issuing as a result of an uncontested relocation;

16.  Stipulations;

17.  Responsive pleadings; or

18.  Cases in which there is no initial filing fee.

(c)1.  A party in addition to a party described in sub-subparagraph (a)1.a. who files a pleading in an original civil action in circuit court for affirmative relief by cross-claim, counterclaim, counterpetition, or third-party complaint shall pay the clerk of court a fee of $395. A party in addition to a party described in sub-subparagraph (a)1.b. who files a pleading in an original civil action in circuit court for affirmative relief by cross-claim, counterclaim, counterpetition, or third-party complaint shall pay the clerk of court a fee of $295. The clerk shall remit the fee to the Department of Revenue for deposit into the General Revenue Fund.

2.  A party in addition to a party described in subparagraph (a)2. who files a pleading in an original civil action in circuit court for affirmative relief by cross-claim, counterclaim, counterpetition, or third-party complaint shall pay the clerk of court a graduated fee of:

a.  Three hundred and ninety-five dollars in all cases in which the value of the pleading is $50,000 or less;

b.  Nine hundred dollars in all cases in which the value of the pleading is more than $50,000 but less than $250,000; or

c.  One thousand nine hundred dollars in all cases in which the value of the pleading is $250,000 or more.

The clerk shall remit the fees collected under this subparagraph to the Department of Revenue for deposit into the General Revenue Fund, except that the clerk shall remit $100 of the fee collected under sub-subparagraph a., $605 of the fee collected under sub-subparagraph b., and $1,605 of the fee collected under sub-subparagraph c. to the Department of Revenue for deposit into the State Courts Revenue Trust Fund.

(d)  The clerk of court shall collect a service charge of $10 for issuing a summons. The clerk shall assess the fee against the party seeking to have the summons issued.

(2)  Upon the institution of any appellate proceeding from any lower court to the circuit court of any such county, including appeals filed by a county or municipality as provided in s. 34.041(5), or from the circuit court to an appellate court of the state, the clerk shall charge and collect from the party or parties instituting such appellate proceedings a filing fee not to exceed $280 for filing a notice of appeal from the county court to the circuit court and, in addition to the filing fee required under s. 25.241 or s. 35.22, $100 for filing a notice of appeal from the circuit court to the district court of appeal or to the Supreme Court. If the party is determined to be indigent, the clerk shall defer payment of the fee. The clerk shall remit the first $80 to the Department of Revenue for deposit into the General Revenue Fund.

(3)  A filing fee may not be imposed upon a party for responding by pleading, motion, or other paper to a civil or criminal action, suit, proceeding, or appeal in a circuit court.

(4)  The fees prescribed in this section do not include the service charges required by law for the clerk as provided in s. 28.24 or by other sections of the Florida Statutes. Filing fees authorized by this section may not be added to any civil penalty imposed by chapter 316 or chapter 318.

(5)  Filing fees for the institution or reopening of any civil action, suit, or proceeding in county court shall be charged and collected as provided in s. 34.041

(6)  From each attorney appearing pro hac vice, the clerk of the circuit court shall collect a fee of $100 for deposit into the General Revenue Fund.

History.--ss. 3, 4, 5, 6, 7, 8, ch. 26931, 1951; ss. 3, 4, 5, ch. 29749, 1955; ss. 1, 2, ch. 57-322; s. 1, ch. 63-47; s. 1, ch. 63-43; s. 6, ch. 70-134; s. 1, ch. 74-154; s. 4, ch. 75-124; s. 1, ch. 77-174; s. 3, ch. 77-284; s. 2, ch. 82-168; s. 2, ch. 82-205; s. 10, ch. 83-217; s. 122, ch. 86-220; s. 4, ch. 87-145; s. 1, ch. 87-231; s. 2, ch. 88-176; s. 6, ch. 89-290; s. 1, ch. 90-181; s. 69, ch. 90-271; s. 3, ch. 91-152; s. 162, ch. 95-147; s. 3, ch. 96-209; s. 1, ch. 96-350; s. 14, ch. 96-354; s. 1, ch. 97-155; s. 12, ch. 99-277; s. 6, ch. 2001-122; s. 2, ch. 2002-55; ss. 31, 32, ch. 2003-402; s. 19, ch. 2004-265; s. 3, ch. 2006-245; s. 8, ch. 2008-111; ss. 5, 20, ch. 2009-61; s. 1, ch. 2009-204.

¹Note.--Section 20, ch. 2009-61, provides that:

"(1)  It is the intent of the Legislature that, if this act and CS for CS for Senate Bill 2108, as enacted during the 2009 Regular Session or an extension thereof, both become law, the Division of Statutory Revision shall read the acts together and, to the extent feasible, give full effect to the amendments made by this act to ss. 28.241(1)(a) and 34.041(1)(b), Florida Statutes, and the amendments made to those paragraphs by CS for CS for Senate Bill 2108. However, it is further the intent of the Legislature that, if both acts become law, the amendments made by CS for CS for Senate Bill 2108 with respect to the distribution of filing fees to the Clerks of the Court Trust Fund, rather than the Department of Financial Services' Administrative Trust Fund, and the use of those funds to fund the Florida Clerks of Court Operations Corporation, shall prevail. To that end, where this act refers in its amendments to ss. 28.241(1)(a) and 34.041(1)(b), Florida Statutes, to the distribution of filing fees to the Department of Financial Services' Administrative Trust Fund, it is the intent of the Legislature that the Division of Statutory Revision change those references to the Clerks of the Court Trust Fund and conform the use of those funds, including within both the existing and new language of those paragraphs contained in this act, consistent with CS for CS for Senate Bill 2108. It is further the intent of the Legislature that, if both acts become law, the division change references to the distribution of $5 of filing fees under s. 28.241(1)(a), Florida Statutes, including within both the existing and new language of that paragraph contained in this act, to reflect the distribution instead of $3.50 and $1.50, respectively, to the Clerks of Court Trust Fund and the Administrative Trust Fund within the Department of Financial Services, consistent with CS for CS for Senate Bill 2108.

"(2)  This section shall take effect June 1, 2009."