| 1 | Representative Adams offered the following: |
| 2 |
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| 3 | Amendment (with title amendment) |
| 4 | Remove everything after the enacting clause and insert: |
| 5 | Section 1. Paragraphs (a) and (c) of subsection (1) of |
| 6 | section 28.241, Florida Statutes, are amended to read: |
| 7 | 28.241 Filing fees for trial and appellate proceedings.-- |
| 8 | (1)(a)1. Except as provided in subparagraph 2., the party |
| 9 | instituting any civil action, suit, or proceeding in the circuit |
| 10 | court shall pay to the clerk of that court a filing fee of up to |
| 11 | $295 in all cases in which there are not more than five |
| 12 | defendants and an additional filing fee of up to $2.50 for each |
| 13 | defendant in excess of five. Of the first $125 $85 in filing |
| 14 | fees, $120 $80 must be remitted by the clerk to the Department |
| 15 | of Revenue for deposit into the General Revenue Fund, and $5 |
| 16 | must be remitted to the Department of Revenue for deposit into |
| 17 | the Department of Financial Services' Administrative Trust Fund |
| 18 | to fund the contract with the Florida Clerks of Court Operations |
| 19 | Corporation created in s. 28.35. The next $15 of the filing fee |
| 20 | collected shall be deposited in the state courts' Mediation and |
| 21 | Arbitration Trust Fund. One-third of any filing fees collected |
| 22 | by the clerk of the circuit court in excess of $140 $100 shall |
| 23 | be remitted to the Department of Revenue for deposit into the |
| 24 | Department of Revenue Clerks of the Court Trust Fund. An |
| 25 | additional filing fee of $4 shall be paid to the clerk. The |
| 26 | clerk shall remit $3.50 to the Department of Revenue for deposit |
| 27 | into the Court Education Trust Fund and shall remit 50 cents to |
| 28 | the Department of Revenue for deposit into the Department of |
| 29 | Financial Services Administrative Trust Fund to fund clerk |
| 30 | education. An additional filing fee of up to $18 shall be paid |
| 31 | by the party seeking each severance that is granted. The clerk |
| 32 | may impose an additional filing fee of up to $85 for all |
| 33 | proceedings of garnishment, attachment, replevin, and distress. |
| 34 | Postal charges incurred by the clerk of the circuit court in |
| 35 | making service by certified or registered mail on defendants or |
| 36 | other parties shall be paid by the party at whose instance |
| 37 | service is made. No additional fees, charges, or costs shall be |
| 38 | added to the filing fees imposed under this section, except as |
| 39 | authorized herein or by general law. |
| 40 | 2.a. Notwithstanding the fees prescribed in subparagraph |
| 41 | 1., a party instituting a civil action in circuit court for |
| 42 | foreclosure on residential or commercial real property secured |
| 43 | by a mortgage shall pay a graduated filing fee based on the |
| 44 | value of the claim. |
| 45 | b. A party shall estimate the amount in controversy of the |
| 46 | claim upon filing the action. The value of a foreclosure action |
| 47 | for the purpose of determining the filing fee is based upon the |
| 48 | principal due on the note secured by the mortgage, plus interest |
| 49 | owed on the note at the time of filing the foreclosure, plus any |
| 50 | property taxes owed at the time of the filing of the |
| 51 | foreclosure. In its order providing for the final disposition of |
| 52 | the matter, the court shall identify the actual value of the |
| 53 | claim. The clerk shall adjust the filing fee if there is a |
| 54 | difference between the estimated amount in controversy and the |
| 55 | actual value of the claim. |
| 56 | c. The party shall pay a filing fee of: |
| 57 | (I) The amount of $295 in all cases in which the value of |
| 58 | the claim is $50,000 or less and in which there are not more |
| 59 | than five defendants. The party shall pay an additional filing |
| 60 | fee of up to $2.50 for each defendant in excess of five. Of the |
| 61 | first $85 in filing fees, $80 shall be remitted by the clerk to |
| 62 | the Department of Revenue for deposit into the General Revenue |
| 63 | Fund and $5 shall be remitted to the Department of Revenue for |
| 64 | deposit into the Department of Financial Services' |
| 65 | Administrative Trust Fund to fund the contract with the Florida |
| 66 | Clerks of Court Operations Corporation created in s. 28.35. The |
| 67 | next $15 of the filing fee collected shall be deposited into the |
| 68 | state courts' Mediation and Arbitration Trust Fund. An |
| 69 | additional filing fee of $4 shall be paid to the clerk. The |
| 70 | clerk shall remit $3.50 to the Department of Revenue for deposit |
| 71 | into the Court Education Trust Fund and 50 cents to the |
| 72 | Department of Revenue for deposit into the Department of |
| 73 | Financial Services' Administrative Trust Fund to fund clerk |
| 74 | education. An additional filing fee of up to $18 shall be paid |
| 75 | by the party seeking each severance that is granted. The clerk |
| 76 | may impose an additional filing fee of up to $85 for each |
| 77 | proceeding of garnishment, attachment, replevin, and distress. |
| 78 | Postal charges incurred by the clerk of the circuit court in |
| 79 | making service by certified or registered mail on defendants or |
| 80 | other parties shall be paid by the party at whose instance |
| 81 | service is made. No additional fees, charges, or costs shall be |
| 82 | added to the filing fees imposed under this section, except as |
| 83 | authorized herein or by general law. |
| 84 | (II) The amount of $635 in all cases in which the value of |
| 85 | the claim is more than $50,000 but less than $250,000 and in |
| 86 | which there are not more than five defendants. The party shall |
| 87 | pay an additional filing fee of up to $2.50 for each defendant |
| 88 | in excess of five. Of the first $425 in filing fees, $80 shall |
| 89 | be remitted by the clerk to the Department of Revenue for |
| 90 | deposit into the General Revenue Fund, $340 shall be remitted to |
| 91 | the Department of Revenue for deposit into the State Courts |
| 92 | Revenue Trust Fund, and $5 shall be remitted to the Department |
| 93 | of Revenue for deposit into the Department of Financial |
| 94 | Services' Administrative Trust Fund to fund the contract with |
| 95 | the Florida Clerks of Court Operations Corporation created in s. |
| 96 | 28.35. The next $15 of the filing fee collected shall be |
| 97 | deposited in the state courts' Mediation and Arbitration Trust |
| 98 | Fund. An additional filing fee of $4 shall be paid to the clerk. |
| 99 | The clerk shall remit $3.50 to the Department of Revenue for |
| 100 | deposit into the Court Education Trust Fund and 50 cents to the |
| 101 | Department of Revenue for deposit into the Department of |
| 102 | Financial Services' Administrative Trust Fund to fund clerk |
| 103 | education. An additional filing fee of up to $18 shall be paid |
| 104 | by the party seeking each severance that is granted. The clerk |
| 105 | may impose an additional filing fee of up to $85 for each |
| 106 | proceeding of garnishment, attachment, replevin, and distress. |
| 107 | Postal charges incurred by the clerk of the circuit court in |
| 108 | making service by certified or registered mail on defendants or |
| 109 | other parties shall be paid by the party at whose instance |
| 110 | service is made. No additional fees, charges, or costs shall be |
| 111 | added to the filing fees imposed under this section, except as |
| 112 | authorized herein or by general law. |
| 113 | (III) The amount of $975 in all cases in which the value |
| 114 | of the claim is more than $250,000 and in which there are not |
| 115 | more than five defendants. The party shall pay an additional |
| 116 | filing fee of up to $2.50 for each defendant in excess of five. |
| 117 | Of the first $765 in filing fees, $80 shall be remitted by the |
| 118 | clerk to the Department of Revenue for deposit into the General |
| 119 | Revenue Fund, $680 shall be remitted to the Department of |
| 120 | Revenue for deposit into the State Courts Revenue Trust Fund, |
| 121 | and $5 shall be remitted to the Department of Revenue for |
| 122 | deposit into the Department of Financial Services' |
| 123 | Administrative Trust Fund to fund the contract with the Florida |
| 124 | Clerks of Court Operations Corporation created in s. 28.35. The |
| 125 | next $15 of the filing fee collected shall be deposited in the |
| 126 | state courts' Mediation and Arbitration Trust Fund. An |
| 127 | additional filing fee of $4 shall be paid to the clerk. The |
| 128 | clerk shall remit $3.50 to the Department of Revenue for deposit |
| 129 | into the Court Education Trust Fund and 50 cents to the |
| 130 | Department of Revenue for deposit into the Department of |
| 131 | Financial Services' Administrative Trust Fund to fund clerk |
| 132 | education. An additional filing fee of up to $18 shall be paid |
| 133 | by the party seeking each severance that is granted. The clerk |
| 134 | may impose an additional filing fee of up to $85 for each |
| 135 | proceeding of garnishment, attachment, replevin, and distress. |
| 136 | Postal charges incurred by the clerk of the circuit court in |
| 137 | making service by certified or registered mail on defendants or |
| 138 | other parties shall be paid by the party at whose instance |
| 139 | service is made. No additional fees, charges, or costs shall be |
| 140 | added to the filing fees imposed under this section, except as |
| 141 | authorized herein or by general law. |
| 142 | (c) Any party in addition to other than a party described |
| 143 | in paragraph (a) who files a pleading in an original civil |
| 144 | action in circuit court for affirmative relief by cross-claim, |
| 145 | counterclaim, counterpetition, or third-party complaint shall |
| 146 | pay the clerk of court a fee of $295. The clerk shall remit the |
| 147 | fee to the Department of Revenue for deposit into the General |
| 148 | Revenue Fund. |
| 149 | Section 2. Paragraphs (b) and (c) of subsection (1) of |
| 150 | section 34.041, Florida Statutes, are amended to read: |
| 151 | 34.041 Filing fees.-- |
| 152 | (1) |
| 153 | (b) The first $120 $80 of the filing fee collected under |
| 154 | subparagraph (a)4. shall be remitted to the Department of |
| 155 | Revenue for deposit into the General Revenue Fund. The next $15 |
| 156 | of the filing fee collected under subparagraph (a)4., and the |
| 157 | first $15 of each filing fee collected under subparagraph (a)6., |
| 158 | shall be deposited in the state courts' Mediation and |
| 159 | Arbitration Trust Fund. One-third of any filing fees collected |
| 160 | by the clerk under this section in excess of the first $135 $95 |
| 161 | collected under subparagraph (a)4. shall be remitted to the |
| 162 | Department of Revenue for deposit into the Department of Revenue |
| 163 | Clerks of the Court Trust Fund. An additional filing fee of $4 |
| 164 | shall be paid to the clerk. The clerk shall transfer $3.50 to |
| 165 | the Department of Revenue for deposit into the Court Education |
| 166 | Trust Fund and shall transfer 50 cents to the Department of |
| 167 | Revenue for deposit into the Department of Financial Services' |
| 168 | Administrative Trust Fund to fund clerk education. Postal |
| 169 | charges incurred by the clerk of the county court in making |
| 170 | service by mail on defendants or other parties shall be paid by |
| 171 | the party at whose instance service is made. Except as provided |
| 172 | herein, filing fees and service charges for performing duties of |
| 173 | the clerk relating to the county court shall be as provided in |
| 174 | ss. 28.24 and 28.241. Except as otherwise provided herein, all |
| 175 | filing fees shall be retained as fee income of the office of the |
| 176 | clerk of circuit court. Filing fees imposed by this section may |
| 177 | not be added to any penalty imposed by chapter 316 or chapter |
| 178 | 318. |
| 179 | (c) Any party in addition to other than a party described |
| 180 | in paragraph (a) who files a pleading in an original civil |
| 181 | action in the county court for affirmative relief by cross- |
| 182 | claim, counterclaim, counterpetition, or third-party complaint, |
| 183 | or who files a notice of cross-appeal or notice of joinder or |
| 184 | motion to intervene as an appellant, cross-appellant, or |
| 185 | petitioner, shall pay the clerk of court a fee of $295 if the |
| 186 | relief sought by the party under this paragraph exceeds $2,500. |
| 187 | This fee shall not apply where the cross-claim, counterclaim, |
| 188 | counterpetition, or third-party complaint requires transfer of |
| 189 | the case from county to circuit court. The clerk shall remit the |
| 190 | fee to the Department of Revenue for deposit into the General |
| 191 | Revenue Fund. |
| 192 | Section 3. Paragraph (b) of subsection (1) of section |
| 193 | 318.15, Florida Statutes, as amended by chapter 2009-6, Laws of |
| 194 | Florida, is amended to read: |
| 195 | 318.15 Failure to comply with civil penalty or to appear; |
| 196 | penalty.-- |
| 197 | (1) |
| 198 | (b) However, a person who elects to attend driver |
| 199 | improvement school and has paid the civil penalty as provided in |
| 200 | s. 318.14(9), but who subsequently fails to attend the driver |
| 201 | improvement school within the time specified by the court shall |
| 202 | be deemed to have admitted the infraction and shall be |
| 203 | adjudicated guilty. In such a case in which there was an 18- |
| 204 | percent reduction pursuant to s. 318.14(9) as it existed prior |
| 205 | to February 1, 2009 the effective date of this act, the person |
| 206 | must pay the clerk of the court that amount. Any person who |
| 207 | elects to attend driver improvement school but fails to attend |
| 208 | through completion shall pay and a processing fee of up to $18, |
| 209 | after which no additional penalties, court costs, or surcharges |
| 210 | shall be imposed for the violation. The clerk of the court shall |
| 211 | notify the department of the person's failure to attend driver |
| 212 | improvement school, and points shall be assessed pursuant to s. |
| 213 | 322.27. |
| 214 | Section 4. Notwithstanding s. 28.36, Florida Statutes, the |
| 215 | statewide budget cap for the clerks of court is $474,174,512 for |
| 216 | the county fiscal year 2008-2009. The Florida Clerks of Court |
| 217 | Operations Corporation shall reduce the individual approved |
| 218 | budgets of the clerks of court to ensure that the sum of the |
| 219 | approved budgets does not exceed this statewide budget cap. |
| 220 | Section 5. The Legislature requests that the Supreme Court |
| 221 | modify judicial rules associated with filing fees to implement |
| 222 | the changes provided for in this act. |
| 223 | Section 6. The Legislature determines and declares that |
| 224 | this act fulfills an important state interest. |
| 225 | Section 7. This act shall take effect June 1, 2009. |
| 226 |
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| 227 | ----------------------------------------------------- |
| 228 | T I T L E A M E N D M E N T |
| 229 | Remove the entire title and insert: |
| 230 | A bill to be entitled |
| 231 | An act relating to court finances; amending s. 28.241, |
| 232 | F.S.; increasing the amount of certain filing fees for |
| 233 | civil actions in circuit court to be remitted to the |
| 234 | Department of Revenue for deposit into the General Revenue |
| 235 | Fund; specifying for graduated filing fees based upon |
| 236 | claim values imposed on parties instituting certain real |
| 237 | property foreclosure civil actions; providing requirements |
| 238 | for determining claim values; providing a graduated fee |
| 239 | schedule; providing for allocation of portions of the |
| 240 | fees; specifying trust fund deposit requirements for fee |
| 241 | portions; authorizing clerks of court to impose additional |
| 242 | filing fees; specifying postal charges; expanding the |
| 243 | parties subject to certain filing fees; amending s. |
| 244 | 34.041, F.S.; increasing the amount of certain filing fees |
| 245 | for civil actions in county court to be remitted to the |
| 246 | Department of Revenue for deposit into the General Revenue |
| 247 | Fund; expanding the parties subject to certain filing |
| 248 | fees; amending s. 318.15, F.S.; revising provisions for |
| 249 | reimbursement of a reduction in certain civil penalties |
| 250 | relating to noncriminal traffic infractions; adjusting the |
| 251 | budget cap for clerks of the court; requesting the Supreme |
| 252 | Court to modify certain judicial rules to implement |
| 253 | changes made by the act; providing a declaration of |
| 254 | important state interest; providing an effective date. |