CODING: Words stricken are deletions; words underlined are additions.
House Bill 0087c1




    Florida House of Representatives - 1997               CS/HB 87

        By the Committee on Family Law & Children and
    Representatives Futch and Feeney





  1                      A bill to be entitled

  2         An act relating to injunctions and restraining

  3         orders for domestic violence; amending s.

  4         28.241, F.S.; limiting certain fees for

  5         injunctions relating to domestic violence;

  6         amending s. 741.30, F.S.; limiting total

  7         charges for issuing or serving injunctions or

  8         restraining orders relating to domestic

  9         violence; providing an effective date.

10

11  Be It Enacted by the Legislature of the State of Florida:

12

13         Section 1.  Subsection (5) of section 28.241, Florida

14  Statutes, 1996 Supplement, is amended to read:

15         28.241  Filing charges for trial and appellate

16  proceedings.--

17         (5)  The fees prescribed in this section do not include

18  the service charges required by law for the clerk as provided

19  in s. 28.24 or by other sections of the Florida Statutes.

20  Service charges authorized by this section may not be added to

21  any civil penalty imposed by chapter 316 or chapter 318.  Fees

22  for injunctions concerning domestic violence shall be limited

23  as provided in s. 741.30(2)(a).

24         Section 2.  Paragraph (a) of subsection (2) of section

25  741.30, Florida Statutes, 1996 Supplement, is amended to read:

26         741.30  Domestic violence; injunction; powers and

27  duties of court and clerk; petition; notice and hearing;

28  temporary injunction; issuance of injunction; statewide

29  verification system; enforcement.--

30         (2)(a)  Notwithstanding any other provision of law, the

31  total charge, including any administration fees, law

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CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1997               CS/HB 87

    606-100-97






  1  enforcement agency charges, and court costs or service

  2  charges, for any court to issue an injunction concerning

  3  domestic violence under chapter 741 or chapter 784 shall not

  4  exceed $50.  The total charge by any law enforcement agency to

  5  serve an injunction or restraining order concerning violence

  6  shall not exceed $20.  The remaining fee collected for an

  7  injunction under chapter 741 shall only be applied to the

  8  initial $40 service charge collected by the clerk of the court

  9  as provided in s. 28.241(1). In the event the victim does not

10  have sufficient funds with which to pay filing fees to the

11  clerk of the court or service fees to the sheriff or law

12  enforcement agency and signs an affidavit stating so, the fees

13  shall be waived by the clerk of the court or the sheriff or

14  law enforcement agency to the extent necessary to process the

15  petition and serve the injunction, subject to a subsequent

16  order of the court relative to the payment of such fees.

17         Section 3.  This act shall take effect upon becoming a

18  law.

19

20            *****************************************

21                          HOUSE SUMMARY

22
      Limits total charges for issuing or serving injunctions
23    or restraining orders relating to domestic violence. See
      bill for details.
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