HB 1121

1
A bill to be entitled
2An act relating to disposition of court fees; providing
3legislative intent; creating s. 28.002, F.S.; requiring
4the Legislature to provide for transfer of court-related
5services from clerks of the court to the state courts
6system; specifying applicable court-related services;
7providing for future repeal; amending ss. 28.101, 28.241,
834.041, and 35.22, F.S.; revising allocations of certain
9court fees; providing for deposit of certain fees or
10portions of fees into the State Courts Revenue Trust Fund;
11providing an effective date.
12
13Be It Enacted by the Legislature of the State of Florida:
14
15     Section 1.  It is the intent of the Legislature that, in
16order to enable greater access to justice and bring appropriate
17efficiencies to the administration of justice, a thorough review
18be conducted of the business processes by which the clerk of
19court provides court-related services. In this time of curtailed
20state resources, it is the further intent of the Legislature to
21eliminate bureaucracy and the duplication of effort by providing
22additional legislative and judicial oversight of the provision
23of court-related services.
24     Section 2.  Section 28.002, Florida Statutes, is created to
25read:
26     28.002  Transfer of court-related services performed by
27clerks of court.--
28(1)  Notwithstanding the provisions of this chapter to the
29contrary, each fiscal year, beginning with the 2009-2010 fiscal
30year, the Legislature shall designate up to five judicial
31circuits in which court-related services currently imposed by
32law upon the clerks of the court shall be transferred to the
33state courts system. For purposes of this section, the following
34services shall be considered court-related services:
35     (a)  Case maintenance.
36     (b)  Records management.
37     (c)  Court preparation and attendance.
38     (d)  Processing the assignment, reopening, and reassignment
39of cases.
40     (e)  Processing appeals.
41     (f)  Collection and distribution of fines, fees, service
42charges, and court costs.
43     (g)  Processing bond forfeiture payments.
44     (h)  Payment of jurors and witnesses.
45     (i)  Payment of expenses for meals or lodging provided to
46jurors.
47     (j)  Data collection and reporting.
48     (k)  Processing jurors.
49     (l)  Determinations of indigent status.
50     (m)  Keeping progress dockets.
51     (n)  Disposal of evidence.
52     (o)  Pro se assistance.
53     (2)  Upon the completion of the transfer of court-related
54services to the state courts system, the Legislature shall
55repeal this section and the provisions of this chapter imposing
56court-related services upon the clerks of the court.
57     Section 3.  Paragraph (d) of subsection (1) of section
5828.101, Florida Statutes, is amended to read:
59     28.101  Petitions and records of dissolution of marriage;
60additional charges.--
61     (1)  When a party petitions for a dissolution of marriage,
62in addition to the filing charges in s. 28.241, the clerk shall
63collect and receive:
64     (d)  A charge of $32.50. On a monthly basis, the clerk
65shall transfer the moneys collected pursuant to this paragraph
66as follows:
67     1.  An amount of $7.50 to the Department of Revenue for
68deposit into in the Displaced Homemaker Trust Fund.
69     2.  An amount of $25 to the State Courts Department of
70Revenue for deposit in the General Revenue Trust Fund.
71     Section 4.  Subsections (1) and (2) of section 28.241,
72Florida Statutes, are amended to read:
73     28.241  Filing fees for trial and appellate proceedings.--
74     (1)(a)  The party instituting any civil action, suit, or
75proceeding in the circuit court shall pay to the clerk of that
76court a filing fee of up to $295 in all cases in which there are
77not more than five defendants and an additional filing fee of up
78to $2.50 for each defendant in excess of five. Of that amount,
79the first $85 in filing fees, $80 must be remitted by the clerk
80to the Department of Revenue for deposit into the General
81Revenue Fund, and $5 must be remitted to the Department of
82Revenue for deposit into the Department of Financial Services'
83Administrative Trust Fund to fund the contract with the Florida
84Clerks of Court Operations Corporation created in s. 28.35. The
85next $15 of the filing fee collected shall be deposited in the
86state courts' Mediation and Arbitration Trust Fund. One-third of
87any filing fees collected by the clerk of the circuit court in
88excess of $100 shall be remitted to the Department of Revenue
89for deposit into the Department of Revenue Clerks of the Court
90Trust Fund. An additional filing fee of $4 shall be paid to the
91clerk. The clerk shall remit $3.50 to the Department of Revenue
92for deposit into the Court Education Trust Fund and shall remit
9350 cents to the Department of Revenue for deposit into the
94Department of Financial Services Administrative Trust Fund to
95fund clerk education. An additional filing fee of up to $18
96shall be paid by the party seeking each severance that is
97granted. The clerk may impose an additional filing fee of up to
98$85 for all proceedings of garnishment, attachment, replevin,
99and distress. The clerk shall deposit all remaining fees into
100the State Courts Revenue Trust Fund. Postal charges incurred by
101the clerk of the circuit court in making service by certified or
102registered mail on defendants or other parties shall be paid by
103the party at whose instance service is made. No additional fees,
104charges, or costs shall be added to the filing fees imposed
105under this section, except as authorized herein or by general
106law.
107     (b)  A party reopening any civil action, suit, or
108proceeding in the circuit court shall pay to the clerk of court
109a filing fee set by the clerk in an amount not to exceed $50,
110which the clerk shall deposit into the State Courts Revenue
111Trust Fund. For purposes of this section, a case is reopened
112when a case previously reported as disposed of is resubmitted to
113a court and includes petitions for modification of a final
114judgment of dissolution. A party is exempt from paying the fee
115for any of the following:
116     1.  A writ of garnishment;
117     2.  A writ of replevin;
118     3.  A distress writ;
119     4.  A writ of attachment;
120     5.  A motion for rehearing filed within 10 days;
121     6.  A motion for attorney's fees filed within 30 days after
122entry of a judgment or final order;
123     7.  A motion for dismissal filed after a mediation
124agreement has been filed;
125     8.  A disposition of personal property without
126administration;
127     9.  Any probate case prior to the discharge of a personal
128representative;
129     10.  Any guardianship pleading prior to discharge;
130     11.  Any mental health pleading;
131     12.  Motions to withdraw by attorneys;
132     13.  Motions exclusively for the enforcement of child
133support orders;
134     14.  A petition for credit of child support;
135     15.  A Notice of Intent to Relocate and any order issuing
136as a result of an uncontested relocation;
137     16.  Stipulations;
138     17.  Responsive pleadings; or
139     18.  Cases in which there is no initial filing fee.
140     (c)  Any party other than a party described in paragraph
141(a) who files a pleading in an original civil action in circuit
142court for affirmative relief by cross-claim, counterclaim, or
143third-party complaint shall pay the clerk of court a fee of
144$295. The clerk shall deposit remit the fee into to the State
145Courts Revenue Trust Department of Revenue for deposit into the
146General Revenue Fund.
147     (d)  The clerk of court shall collect a service charge of
148$10 for issuing a summons. The clerk shall assess the fee
149against the party seeking to have the summons issued.
150     (2)  Upon the institution of any appellate proceeding from
151any lower court to the circuit court of any such county,
152including appeals filed by a county or municipality as provided
153in s. 34.041(5), or from the circuit court to an appellate court
154of the state, the clerk shall charge and collect from the party
155or parties instituting such appellate proceedings a filing fee
156not to exceed $280 for filing a notice of appeal from the county
157court to the circuit court and, in addition to the filing fee
158required under s. 25.241 or s. 35.22, $100 for filing a notice
159of appeal from the circuit court to the district court of appeal
160or to the Supreme Court. If the party is determined to be
161indigent, the clerk shall defer payment of the fee. The clerk
162shall deposit into the State Courts Revenue Trust Fund remit the
163fee for filing a notice of appeal from the county court to the
164circuit court first $80 to the Department of Revenue for deposit
165into the General Revenue Fund. The clerk shall deposit into the
166State Courts Revenue Trust Fund the fee for filing a notice of
167appeal from the circuit court to the district court of appeal or
168the Supreme Court One-third of the fee collected by the clerk in
169excess of $80 also shall be remitted to the Department of
170Revenue for deposit into the Clerks of the Court Trust Fund.
171     Section 5.  Paragraphs (b) and (c) of subsection (1) and
172subsection (2) of section 34.041, Florida Statutes, are amended
173to read:
174     34.041  Filing fees.--
175     (1)
176     (b)  The first $80 of the filing fee collected under
177subparagraph (a)4. shall be remitted to the Department of
178Revenue for deposit into the General Revenue Fund. The first
179next $15 of the filing fee collected under subparagraph (a)4.,
180and the first $15 of each filing fee collected under
181subparagraph (a)6., shall be deposited into in the state courts'
182Mediation and Arbitration Trust Fund. One-third of any filing
183fees collected by the clerk under this section in excess of the
184first $95 collected under subparagraph (a)4. shall be remitted
185to the Department of Revenue for deposit into the Department of
186Revenue Clerks of the Court Trust Fund. An additional filing fee
187of $4 shall be paid to the clerk. The clerk shall transfer $3.50
188to the Department of Revenue for deposit into the Court
189Education Trust Fund and shall transfer 50 cents to the
190Department of Revenue for deposit into the Department of
191Financial Services' Administrative Trust Fund to fund clerk
192education. The clerk shall deposit all remaining filing fees
193into the State Courts Revenue Trust Fund. Postal charges
194incurred by the clerk of the county court in making service by
195mail on defendants or other parties shall be paid by the party
196at whose instance service is made. Except as provided herein,
197filing fees and service charges for performing duties of the
198clerk relating to the county court shall be as provided in ss.
19928.24 and 28.241. Except as otherwise provided herein, all
200filing fees shall be retained as fee income of the office of the
201clerk of circuit court. Filing fees imposed by this section may
202not be added to any penalty imposed by chapter 316 or chapter
203318.
204     (c)  Any party other than a party described in paragraph
205(a) who files a pleading in an original civil action in the
206county court for affirmative relief by cross-claim,
207counterclaim, or third-party complaint, or who files a notice of
208cross-appeal or notice of joinder or motion to intervene as an
209appellant, cross-appellant, or petitioner, shall pay the clerk
210of court a fee of $295 if the relief sought by the party under
211this paragraph exceeds $2,500. This fee shall not apply where
212the cross-claim, counterclaim, or third-party complaint requires
213transfer of the case from county to circuit court. The clerk
214shall deposit remit the fee into to the State Courts Department
215of Revenue Trust for deposit into the General Revenue Fund.
216     (2)  A party reopening any civil action, suit, or
217proceeding in the county court shall pay to the clerk of court a
218filing fee set by the clerk in an amount not to exceed $25 for
219all claims of not more than $500 and an amount not to exceed $50
220for all claims of more than $500. The clerk shall deposit the
221filing fee into the State Courts Revenue Trust Fund. For
222purposes of this section, a case is reopened when a case
223previously reported as disposed of is resubmitted to a court. A
224party is exempt from paying the fee for any of the following:
225     (a)  A writ of garnishment;
226     (b)  A writ of replevin;
227     (c)  A distress writ;
228     (d)  A writ of attachment;
229     (e)  A motion for rehearing filed within 10 days;
230     (f)  A motion for attorney's fees filed within 30 days of
231the entry of the judgment or final order;
232     (g)  A motion for dismissal filed after a mediation
233agreement has been filed;
234     (h)  A motion to withdraw by attorneys;
235     (i)  Stipulations; or
236     (j)  Responsive pleadings.
237     Section 6.  Paragraph (b) of subsection (3) and subsection
238(6) of section 35.22, Florida Statutes, are amended to read:
239     35.22  Clerk of district court; appointment; compensation;
240assistants; filing fees; teleconferencing.--
241     (3)
242     (b)  Upon the filing of a notice of cross-appeal, or a
243notice of joinder or motion to intervene as an appellant, cross-
244appellant, or petitioner, the clerk shall charge and collect a
245filing fee of $295. The clerk shall deposit remit the fee into
246the State Courts Revenue Trust to the Department of Revenue for
247deposit into the General Revenue Fund. The state and its
248agencies are exempt from the filing fee required by this
249paragraph.
250     (6)  The first clerk of each district court of appeal is
251required to deposit all fees collected in the State Treasury to
252the credit of the General Revenue Fund, except that $50 of each
253$300 filing fee collected shall be deposited into the state
254court's Operating Trust Fund to fund court improvement projects
255as authorized in the General Appropriations Act. The remainder
256of each filing fee shall be deposited into the State Courts
257Revenue Trust Fund. The clerk shall retain an accounting of each
258such remittance.
259     Section 7.  This act shall take effect July 1, 2009.


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