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| 1 | A bill to be entitled | ||
| 2 | An act relating to state court facility revenue bond | ||
| 3 | payments; amending ss. 28.2401, 28.241, 34.041, and | ||
| 4 | 318.18, F.S.; authorizing certain counties to impose by | ||
| 5 | ordinance an additional surcharge on certain fees, | ||
| 6 | charges, fines, or forfeitures for purposes of paying | ||
| 7 | principal and interest on certain state court facility | ||
| 8 | revenue bonds; providing an effective date. | ||
| 9 | |||
| 10 | Be It Enacted by the Legislature of the State of Florida: | ||
| 11 | |||
| 12 | Section 1. Subsection (3) of section 28.2401, Florida | ||
| 13 | Statutes, as amended by chapter 2003-402, Laws of Florida, is | ||
| 14 | amended to read: | ||
| 15 | 28.2401 Service charges in probate matters.-- | ||
| 16 | (3) An additional service charge of $2.50 on petitions | ||
| 17 | seeking summary administration, formal administration, ancillary | ||
| 18 | administration, guardianship, curatorship, and conservatorship | ||
| 19 | shall be paid to the clerk. The clerk shall transfer the $2.50 | ||
| 20 | to the Department of Revenue for deposit into the Court | ||
| 21 | Education Trust Fund. No additional fees, charges, or costs | ||
| 22 | shall be added to the service charges imposed under this | ||
| 23 | section, except as authorized by general law. Notwithstanding | ||
| 24 | any other provision of law, the governing authority of a county | ||
| 25 | which has imposed by ordinance service charges and fees pursuant | ||
| 26 | to this section, s. 28.241, or s. 34.041 to secure the payment | ||
| 27 | of the principal of and interest on bonds issued by such county | ||
| 28 | prior to July 1, 2003, to finance state court facilities may | ||
| 29 | impose by ordinance a surcharge of up to $30 in excess of the | ||
| 30 | fees or service charges authorized to be imposed in this | ||
| 31 | section, s. 28.241, or s. 34.041. Revenues from such surcharge | ||
| 32 | shall be distributed to the county in which the charge is | ||
| 33 | collected to pay the principal of and interest on such bonds | ||
| 34 | until their stated maturities. Refunding bonds shall be | ||
| 35 | permitted only if there is debt service savings and the maturity | ||
| 36 | on the refunding bonds is equal to or less than the maturity on | ||
| 37 | the bonds being refunded. | ||
| 38 | Section 2. Paragraph (a) of subsection (1) of section | ||
| 39 | 28.241, Florida Statutes, as amended by chapter 2003-402, Laws | ||
| 40 | of Florida, is amended to read: | ||
| 41 | 28.241 Filing charges for trial and appellate | ||
| 42 | proceedings.-- | ||
| 43 | (1)(a) The party instituting any civil action, suit, or | ||
| 44 | proceeding in the circuit court shall pay to the clerk of that | ||
| 45 | court a filing fee of up to $250 in all cases in which there are | ||
| 46 | not more than five defendants and an additional filing fee of up | ||
| 47 | to $2 for each defendant in excess of five. Of the first $57.50 | ||
| 48 | in filing fees, $50 must be remitted by the clerk to the | ||
| 49 | Department of Revenue for deposit into the General Revenue Fund; | ||
| 50 | $5 must be remitted to the Clerk of Court Operations Conference; | ||
| 51 | and $2.50 shall be paid to the clerk for each civil action | ||
| 52 | brought in circuit or county court, to be remitted by the clerk | ||
| 53 | to the Department of Revenue for deposit into the Court | ||
| 54 | Education Trust Fund. Notwithstanding any other provision of | ||
| 55 | law, the governing authority of a county which has imposed by | ||
| 56 | ordinance service charges and fees pursuant to s. 28.2401, this | ||
| 57 | section, or s. 34.041 to secure the payment of the principal of | ||
| 58 | and interest on bonds issued by such county prior to July 1, | ||
| 59 | 2003, to finance state court facilities may impose by ordinance | ||
| 60 | a surcharge of up to $30 in excess of the fees or service | ||
| 61 | charges authorized to be imposed in s. 28.2401, this section, or | ||
| 62 | s. 34.041. Revenues from such surcharge shall be distributed to | ||
| 63 | the county in which the charge is collected to pay the principal | ||
| 64 | of and interest on such bonds until their stated maturities. | ||
| 65 | Refunding bonds shall be permitted only if there is debt service | ||
| 66 | savings and the maturity on the refunding bonds is equal to or | ||
| 67 | less than the maturity on the bonds being refunded.One-third of | ||
| 68 | any filing fees collected by the clerk of the circuit court in | ||
| 69 | excess of $57.50 shall be remitted to the Department of Revenue | ||
| 70 | for deposit into the Department of Revenue Clerks of the Court | ||
| 71 | Trust Fund. An additional filing fee of up to $15 shall be paid | ||
| 72 | by the party seeking each severance that is granted. The clerk | ||
| 73 | may impose an additional filing fee of up to $75 for all | ||
| 74 | proceedings of garnishment, attachment, replevin, and distress. | ||
| 75 | Postal charges incurred by the clerk of the circuit court in | ||
| 76 | making service by certified or registered mail on defendants or | ||
| 77 | other parties shall be paid by the party at whose instance | ||
| 78 | service is made. No additional fees, charges, or costs shall be | ||
| 79 | added to the filing fees imposed under this section, except as | ||
| 80 | authorized by general law. | ||
| 81 | Section 3. Subsection (1) of section 34.041, Florida | ||
| 82 | Statutes, as amended by chapter 2003-402, Laws of Florida, is | ||
| 83 | amended to read: | ||
| 84 | 34.041 Filing fees.-- | ||
| 85 | (1) Upon the institution of any civil action or proceeding | ||
| 86 | in county court, the clerk of court may require the plaintiff, | ||
| 87 | when filing an action or proceeding, to pay the following filing | ||
| 88 | fee, not to exceed: | ||
| 89 | (a) For all claims less than $100 ............$50. | ||
| 90 | (b) For all claims of $100 or more but not more than $500 | ||
| 91 | ............$75. | ||
| 92 | (c) For all claims of more than $500 but not more than | ||
| 93 | $2,500............$150. | ||
| 94 | (d) For all claims of more than $2,500............$250. | ||
| 95 | (e) In addition, for all proceedings of garnishment, | ||
| 96 | attachment, replevin, and distress............$75. | ||
| 97 | (f) For removal of tenant action............$75. | ||
| 98 | |||
| 99 | The first $50 of the filing fee collected under paragraph (d) | ||
| 100 | shall be remitted to the Department of Revenue for deposit into | ||
| 101 | the General Revenue Fund. One-third of any filing fees collected | ||
| 102 | by the clerk under paragraph (d) in excess of the first $50 | ||
| 103 | shall be remitted to the Department of Revenue for deposit into | ||
| 104 | the Department of Revenue Clerks of the Court Trust Fund. Postal | ||
| 105 | charges incurred by the clerk of the county court in making | ||
| 106 | service by mail on defendants or other parties shall be paid by | ||
| 107 | the party at whose instance service is made. Except as provided | ||
| 108 | herein, filing fees and service charges for performing duties of | ||
| 109 | the clerk relating to the county court shall be as provided in | ||
| 110 | ss. 28.24 and 28.241. Notwithstanding any other provision of | ||
| 111 | law, the governing authority of a county which has imposed by | ||
| 112 | ordinance service charges and fees pursuant to s. 28.2401, s. | ||
| 113 | 28.241, or this section to secure the payment of the principal | ||
| 114 | of and interest on bonds issued by such county prior to July 1, | ||
| 115 | 2003, to finance state court facilities may impose by ordinance | ||
| 116 | a surcharge of up to $30 in excess of the fees or service | ||
| 117 | charges authorized to be imposed in s. 28.2401, s. 28.241, or | ||
| 118 | this section. Revenues from such surcharge shall be distributed | ||
| 119 | to the county in which the charge is collected to pay the | ||
| 120 | principal of and interest on such bonds until their stated | ||
| 121 | maturities. Refunding bonds shall be permitted only if there is | ||
| 122 | debt service savings and the maturity on the refunding bonds is | ||
| 123 | equal to or less than the maturity on the bonds being refunded. | ||
| 124 | Except as otherwise provided herein, all filing fees shall be | ||
| 125 | retained as fee income of the office of the clerk of circuit | ||
| 126 | court. Filing fees imposed by this section may not be added to | ||
| 127 | any penalty imposed by chapter 316 or chapter 318. | ||
| 128 | Section 4. Subsection (13) is added to section 318.18, | ||
| 129 | Florida Statutes, as amended by chapter 2003-402, Laws of | ||
| 130 | Florida, to read: | ||
| 131 | 318.18 Amount of civil penalties.--The penalties required | ||
| 132 | for a noncriminal disposition pursuant to s. 318.14 are as | ||
| 133 | follows: | ||
| 134 | (13) Notwithstanding any other provision of law, the | ||
| 135 | governing authority of a county which has imposed by ordinance | ||
| 136 | service charges and fees pursuant to s. 28.2401, s. 28.241, or | ||
| 137 | s. 34.041 to secure the payment of the principal of and interest | ||
| 138 | on bonds issued by such county prior to July 1, 2003, to finance | ||
| 139 | state court facilities may impose by ordinance a surcharge of up | ||
| 140 | to $15 on all fines and forfeitures collected on traffic | ||
| 141 | offenses. Revenues from such surcharge shall be distributed to | ||
| 142 | the county in which the charge is collected to pay the principal | ||
| 143 | of and interest on such bonds until their stated maturities. | ||
| 144 | Refunding bonds shall be permitted only if there is debt service | ||
| 145 | savings and the maturity on the refunding bonds is equal to or | ||
| 146 | less than the maturity on the bonds being refunded. | ||
| 147 | Section 5. This act shall take effect July 1, 2004. | ||