Senate Bill sb1778
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Florida Senate - 2004 SB 1778
By Senator Villalobos
38-1183-04
1 A bill to be entitled
2 An act relating to funding for the judicial
3 system; amending ss. 28.2401, 28.241, and
4 34.041, F.S.; authorizing a county to impose a
5 surcharge on court fees and charges if that
6 county had previously imposed increased fees or
7 charges on specified court fees for the purpose
8 of securing payment of principal and interest
9 on bonds issued by the county before July 1,
10 2003, for financing state court facilities;
11 directing that the revenue from the surcharge
12 be used to pay the principal and interest on
13 the bonds until the date of maturity;
14 authorizing the use of surcharge revenue to
15 refund existing bonds under specified
16 conditions; amending s. 318.18, F.S.;
17 authorizing a county to impose a surcharge on
18 traffic fines and forfeitures if that county
19 had previously imposed increased fees or
20 charges on specified court fees for the purpose
21 of securing payment of principal and interest
22 on bonds issued by the county before July 1,
23 2003, for financing state court facilities;
24 directing that the revenue from the surcharge
25 be used to pay the principal and interest on
26 the bonds until the date of maturity;
27 authorizing the use of surcharge revenue to
28 refund existing bonds under specified
29 circumstances; providing an effective date.
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31 Be It Enacted by the Legislature of the State of Florida:
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Florida Senate - 2004 SB 1778
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1 Section 1. Present subsection (4) of section 28.2401,
2 Florida Statutes, as amended by section 29 of chapter
3 2003-402, Laws of Florida, is redesignated as subsection (5),
4 and a new subsection (4) is added to that section to read:
5 28.2401 Service charges in probate matters.--
6 (4) Notwithstanding any law to the contrary, a board
7 of county commissioners that imposed by ordinance increased
8 fees or service charges under this section, s. 28.241, or s.
9 34.041 for the purpose of securing payment of the principal of
10 and interest on bonds issued by the county before July 1,
11 2003, to finance state court facilities may impose by
12 ordinance a surcharge of up to $30 in excess of the fees or
13 service charges set forth in this section. Revenue from the
14 surcharge shall be used to pay the principal of and interest
15 on the bonds until the date of stated maturity. The bonds may
16 be refunded only if:
17 1. Savings will be realized on payments of debt
18 service; and
19 2. The refunding bonds are scheduled to mature on the
20 same date or before the bonds being refunded.
21 Section 2. Subsection (1) of section 28.241, Florida
22 Statutes, as amended by section 32 of chapter 2003-402, Laws
23 of Florida,, is amended to read:
24 28.241 Filing fees for trial and appellate
25 proceedings.--
26 (1)(a) The party instituting any civil action, suit,
27 or proceeding in the circuit court shall pay to the clerk of
28 that court a filing fee of up to $250 in all cases in which
29 there are not more than five defendants and an additional
30 filing fee of up to $2 for each defendant in excess of five.
31 Of the first $57.50 in filing fees, $50 must be remitted by
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Florida Senate - 2004 SB 1778
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1 the clerk to the Department of Revenue for deposit into the
2 General Revenue Fund; $5 must be remitted to the Clerk of
3 Court Operations Conference; and $2.50 shall be paid to the
4 clerk for each civil action brought in circuit or county
5 court, to be remitted by the clerk to the Department of
6 Revenue for deposit into the Court Education Trust Fund.
7 One-third of any filing fees collected by the clerk of the
8 circuit court in excess of $57.50 shall be remitted to the
9 Department of Revenue for deposit into the Department of
10 Revenue Clerks of the Court Trust Fund. An additional filing
11 fee of up to $15 shall be paid by the party seeking each
12 severance that is granted. The clerk may impose an additional
13 filing fee of up to $75 for all proceedings of garnishment,
14 attachment, replevin, and distress. Postal charges incurred by
15 the clerk of the circuit court in making service by certified
16 or registered mail on defendants or other parties shall be
17 paid by the party at whose instance service is made. No
18 additional fees, charges, or costs shall be added to the
19 filing fees imposed under this section, except as authorized
20 by general law.
21 (b) Notwithstanding any law to the contrary, a board
22 of county commissioners that imposed by ordinance increased
23 fees or service charges under s. 28.2401, this section, or s.
24 34.041 for the purpose of securing payment of the principal of
25 and interest on bonds issued by the county before July 1,
26 2003, to finance state court facilities may impose by
27 ordinance a surcharge of up to $30 in excess of the fees or
28 service charges set forth in this section. Revenue from the
29 surcharge shall be used to pay the principal of and interest
30 on the bonds until the date of stated maturity. The bonds may
31 be refunded only if:
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Florida Senate - 2004 SB 1778
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1 1. Savings will be realized on payments of debt
2 service; and
3 2. The refunding bonds are scheduled to mature on the
4 same date or before the bonds being refunded.
5 (c)(b) A party reopening any civil action, suit, or
6 proceeding in the circuit court shall pay to the clerk of
7 court a filing fee set by the clerk in an amount not to exceed
8 $50. For purposes of this section, a case is reopened when a
9 case previously reported as disposed of is resubmitted to a
10 court and includes petitions for modification of a final
11 judgment of dissolution.
12 Section 3. Present subsections (2) through (6) of
13 section 34.041, Florida Statutes, as amended by section 52 of
14 chapter 2003-402, Laws of Florida, are redesignated as
15 subsections (3) through (7), respectively, and a new
16 subsection (2) is added to that section to read:
17 34.041 Filing fees.--
18 (2) Notwithstanding any law to the contrary, a board
19 of county commissioners that imposed by ordinance increased
20 fees or service charges under s. 28.2401, s. 28.241, or this
21 section for the purpose of securing payment of the principal
22 of and interest on bonds issued by the county before July 1,
23 2003, to finance state court facilities may impose by
24 ordinance a surcharge of up to $30 in excess of the fees or
25 service charges set forth in this section. Revenue from the
26 surcharge shall be used to pay the principal of and interest
27 on the bonds until the date of stated maturity. The bonds may
28 be refunded only if:
29 1. Savings will be realized on payments of debt
30 service; and
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Florida Senate - 2004 SB 1778
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1 2. The refunding bonds are scheduled to mature on the
2 same date or before the bonds being refunded.
3 Section 4. Subsection (13) is added to section 318.18,
4 Florida Statutes, as amended by section 99 of chapter
5 2003-402, Laws of Florida, to read:
6 318.18 Amount of civil penalties.--The penalties
7 required for a noncriminal disposition pursuant to s. 318.14
8 are as follows:
9 (13) Notwithstanding any law to the contrary, a board
10 of county commissioners that imposed by ordinance increased
11 fees or service charges under s. 28.2401, s. 28.241, or s.
12 34.041 for the purpose of securing payment of the principal of
13 and interest on bonds issued by the county before July 1,
14 2003, to finance state court facilities may impose by
15 ordinance a surcharge of up to $15 on any fine or forfeiture
16 collected by the county for the violation of a traffic
17 ordinance. Revenue from the surcharge shall be used to pay the
18 principal of and interest on the bonds until the date of
19 stated maturity. The bonds may be refunded only if:
20 1. Savings will be realized on payments of debt
21 service; and
22 2. The refunding bonds are scheduled to mature on the
23 same date or before the bonds being refunded.
24 Section 5. This act shall take effect July 1, 2004.
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Florida Senate - 2004 SB 1778
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2 SENATE SUMMARY
3 Authorizes a county that has previously imposed increased
fees or service charges on specified court fees for the
4 purpose of securing the payment of the principal and
interest on bonds issued by the county before July 1,
5 2003, for financing state court facilities to impose a
surcharge in excess of court fees or service charges and
6 to impose a surcharge on traffic fines and forfeitures.
Directs that the revenue from the surcharge be used to
7 pay the principal and interest on the bonds until their
stated maturities. Authorizes the use of surcharge
8 revenue to refund existing bonds under specified
conditions.
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